July 10, 2019
Welcome to CLOUDVIRGA! CLOUDVIRGA, Inc. (“CLOUDVIRGA,” “we,” “our,” or “us”) values your privacy and takes safeguarding your personal information seriously.
CLOUDVIRGA partners with affiliates, mortgage lenders, brokers, third-party service providers, and non-affiliated third parties, to create a seamless and efficient mortgage lending experience. The term “affiliates” refers to companies that partner with CLOUDVIRGA to offer the Platform to you. The term “non-affiliated third parties” refers to companies that may offer additional services to you. You may have been or may be directed to the Platform to apply for a loan. Use of the Platform is not required in connection with your loan application. The information that we collect helps to evaluate your mortgage loan options and process your loan application. When you apply and agree to commencing such an application, your information will then be evaluated for creditworthiness. To acquire more accurate information on your loan options, we encourage you to apply for credit. Please note some products may not be available in all states or through all lenders.
We, along with our broker and lender clients and third-party service providers, are responsible for treating your personal information in accordance with all applicable federal and state privacy-related laws and regulations, such as the federal Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and related regulations.
If you are a California resident, you may have different privacy rights. Please see the new CCPA Policies
INFORMATION WE COLLECT
How we collect and store information depends on how you access and use the Platform. We collect information in multiple ways including when you provide information directly to us, when you permit third parties to provide information to us, and when we passively collect information from you, such as information collected from your browser or device.
Information You Provide Directly to Us
We may collect information from you during your use or access of the Platform, such as, but not limited to:
- When you register for an Account;
- When you participate in polls or surveys;
- When you enroll for electronic newsletters;
- When you request a quote or other information;
- When you are directed by a lender or broker to use the Platform to submit a loan application;
- When you submit or respond to a quote;
- When you fill out any forms;
- When you register for other mortgage related services offered through a third-party;
- When you transmit content on the Platform;
- When you download or use one of our mobile applications; or
- When you otherwise communicate with us or other users (such as mortgage lenders, brokers, or third-party service providers) through the Platform.
The information that you provide to us depends on how you use or access the Platform. The information you provide directly to us may concern you or others who may be involved in the mortgage loan process (such as a co-applicant or other party who will hold title on the property to be financed) and may include, but is not limited to: (a) name; (b) social security number; (c) email address; (d) home or business telephone number; (e) home, business or mailing address; (f) demographic information (e.g., gender, age, political preference, education, race or ethnic origin, and other information relevant to user surveys and/or offers); (g) date of birth; (h) insurance information; (i) photographs; (j) information about your mortgage loan, request or needs; (k) Americans with Disabilities Act compliant audio files; (l) information relating to the property securing the loan, such as the address and valuation information; (m) in certain circumstances, such as when you apply for a loan on the Platform, employment history, tax returns, information to verify your identity, and financial information related to income, account balances, and creditworthiness; and/or (n) any other content you include in communications with other users (such as mortgage lenders, brokers, or third-party service providers) through the Platform or communications with us. When you are asked to provide personal information, you can decline. If you choose to not provide the requested information, CLOUDVIRGA may not be able to process your mortgage application and certain features of the Platform may not be accessible or available to you.
Information from Affiliates, Loan Rate or Lender Product Sites, and other Non-affiliated Third Parties
We may collect information about you or others who may be involved in the mortgage loan process (such as a co-applicant or other party who will hold title on the property to be financed) through CLOUDVIRGA affiliates or through non-affiliated third parties. For example, you may be able to access the Platform through your lender, a mortgage brokerage, or even a social networking account, such as Facebook. If you access the Platform through one of these types of sites or through social media links such as your Facebook account, you may allow us to have access to certain information in your social media profiles. This may include your name, profile picture, gender, networks, user IDs, list of friends or connections, location, date of birth, email address, photos, videos, people you follow and/or who follow you, and/or your posts or “likes.” We may use this information for Platform analytics, to assist in determining relevant advertising (both on and off the Platform), to evaluate the success of our advertising campaigns, and as otherwise described in this Policy. Providing us with access to this information will not impact your mortgage loan application. We do not sell, lease, assign, or otherwise share such acquired data. CLOUDVIRGA does not share this information with outside companies for their promotional use.
Please note: Lenders, brokers, real estate firms and social networking sites, such as Facebook, have their own policies for handling your information. For a description of how these sites may use and disclose your information, including any information you make public, please consult the sites’ privacy policies. We have no control over how they or any third-party site uses or discloses the personal information it collects about you.
We do collect information about you and your co-applicants through affiliated and in some circumstances, non-affiliated third parties. For example, to the extent permitted by law, we will need to collect certain non-public personal information about you to complete your loan application and which your lender will need for evaluating your creditworthiness and identifying which (if any) loan products might be right for you. We will then, through the Platform, ask for and collect supplemental information from third parties, such as your credit history from a credit bureau, or information to verify your identity or trustworthiness, or for other fraud or safety protection purposes.
We will communicate with you, our lending partners, your lender and the broker community, affiliate partners, and third-party service providers in a variety of different ways, including but not limited to email, fax, voicemail, mail, text and SMS messaging, and in person. As part of this process, CLOUDVIRGA and our third-party service providers will receive and store data about these communications, including the date and time of the text message, your phone number, and the content of the text message.
Information That is Passively or Automatically Collected
Device/Usage Information. We and our third-party service providers, which include lender and broker partner networks and sites, ad networks and analytics companies, use beacons, and other tracking technologies to collect information about the computers or devices (including mobile devices) you use to access the Platform. As described further below, we may collect and analyze information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers (e.g. IDFA or Android ID); and (i) the type of device that you use. We may also track when and how frequently you access or use the Platform. We use this information (including the information collected by our third-party service providers) for Platform analytics (including to determine which portions of the Platform are used most frequently and what our users like or do not like), to assist in determining relevant advertising (both on and off the Platform), to evaluate the success of our advertising campaigns, and as otherwise described in this Policy.
Location Information. When you use the Platform, we may collect general location information from you (such as an IP address). If you install our mobile app, we may ask you to grant us access to your mobile device’s geolocation data. If you grant such permission, we may collect information about your precise location, and we may use that information to improve the Platform, including providing you with location-based features (e.g. for identification of professional services available near you). To deliver customized content and advertising, we may share your location information with our agents, vendors, or advertisers. If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details. If you disable certain functions, you may be unable to use certain parts of the Platform.
We may also use local shared objects (also known as “Flash cookies”) to assist in delivering special content to you, such as video clips or animation. Flash cookies are stored on your device, but they are not managed through your web browser. To learn more about how to manage Flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Platform, because it may not function properly. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser may not affect flash cookies. As we adopt additional technologies, we may also gather additional information through other methods.
HOW WE USE THE INFORMATION WE COLLECT
We may use your information for any of the following reasons:
- For the purposes for which you provided it;
- To process your loan application;
- To allow lenders to underwrite your loan application;
- To verify the accuracy of information provided on your loan application such as address, employer, bank account information, and credit history;
- To enable you to use the services available through the Platform, including registering you for our services and verifying your identity and authority to use our services;
- For customer support and to respond to your inquiries;
- For internal record-keeping purposes;
- To administer surveys, sweepstakes, promotions, or contests;
- To track fees and process billing and payments including sharing with third-party payment gateways and payment service providers in connection with the Platform;
- To improve and maintain the Platform and for product development;
- To address fraud or safety concerns, or to investigate complaints or suspected fraud or wrongdoing;
- To periodically send promotional emails regarding our new products and special offers, or other information that may interest you;
- With your consent, to contact you by text message regarding certain services or information you have requested;
- With your consent, to contact you by telephone or text message regarding Platform features, improvements, or other products and services that may interest you;
- For our market research purposes, including, but not limited to, the customization of the Platform according to your interests;
- For other research and analytical purposes; and
- To resolve disputes, to protect ourselves and other users of the Platform, and to enforce any legal terms that govern your use of the Platform.
We may combine information that we collect from you through the Platform with information that we obtain from affiliated and non-affiliated third parties, and information derived from any other products or services we provide.
We may aggregate and/or de-identify information collected through the Platform. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.
We may, either directly or through third-party service providers, review, scan, or analyze your communications with other users on the Platform or off the Platform (if we track these communications) for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes, as well as to debug, improve and expand product offerings.
WHEN WE DISCLOSE YOUR INFORMATION
Unless otherwise described in this Policy, we may also share the information that we collect from you through the Platform as follows:
Affiliates and Non-Affiliated Third Parties. We may share your information with any CLOUDVIRGA affiliates and non-affiliated third parties.
Service Providers. We may disclose your information to select third parties who are necessary to perform services on our behalf. These third parties provide a variety of services to us including without limitation billing, sales, marketing, advertising, market research, fulfillment, data storage, analysis and processing, identity verification, fraud and safety protection and legal services. We generally request that our third-party service providers not use your information in any manner other than to perform necessary services on our behalf and help us offer you our services and products.
Legal Requirements. We may disclose your information when required by law or when we believe in good faith that such disclosure is necessary to: (a) comply with subpoenas, court orders, or other legal process we receive; (b) establish or exercise our legal rights including enforcing and administering agreements with users; or (c) defend CLOUDVIRGA against legal claims. If we are required by law to disclose your information, we will use commercially reasonable efforts to notify you unless (1) we believe in our sole discretion that providing notice could create a risk of injury or death, or that harm or fraud could be directed to CLOUDVIRGA or users; or (2) the law precludes us from notifying you. We will attempt to notify you by email if you have given us an email address. While you may challenge the disclosure request, we may still be legally required to disclose your information.
Business Transfers. As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such contemplated or actual transactions or where there is any change of control of CLOUDVIRGA, information about you and other customers may be among the shared and/or transferred assets.
App Store Providers. We may provide your identity and mobile device identifier to third-party app store providers (for example, the Apple App Store) to allow you to download our mobile apps.
Academics and Research. We may provide information about you to third parties for academic and research purposes, in anonymized or aggregated form.
SOCIAL MEDIA & THIRD-PARTY WEBSITE PRIVACY CONSIDERATIONS
We currently do not have a social media presence that connects you with the Platform. Your broker or lender most likely will, so may other third parties intrinsic to your mortgage loan process. Your activity on third-party websites or applications is governed by their respective security and privacy policies. We encourage you to review their policies before using their websites or applications to learn how they may handle, store, or share your information. You may be able to adjust privacy settings on your accounts on any third party website or application to match your preferences. Please be advised that some information you provide and/or that we collect will be publicly accessible. To protect your privacy, do not include information you want to keep private or any other sensitive personal information in your social media activity, comments, or responses.
When you use the Platform via a social media or third-party website, some of your information on the Platform may be visible to others. For instance, when you create an account with us, you must provide us with your name. If you create an account with us through a social media platform such as Facebook, the Platform will use the name associated with your Facebook account. Your name (full name, or in some instances, your first name and last initial) may be visible to other users (such as mortgage lenders, brokers, or third-party service providers). Depending on the circumstances, your name and certain linked content and activity on the Platform, such as scheduling of professional services, service requests, reviews, participating in discussions or forums, messaging, and profile information, may be visible to other users with whom you have interacted via the Platform
ONLINE ANALYTICS AND TAILORED ADVERTISING
We may use third-party web analytics services on the Platform, such as Google Analytics. These service providers use the sort of technology described in the Information That Is Passively or Automatically Collected section above to help us analyze how you use the Platform, including by noting the third-party website from which you arrive. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on. We do not now, but however reserve the right to use Google Analytics for certain purposes related to advertising, as described in the following section.
Tailored Loan Product Advertising
To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Platform, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any opt-out links for non-affiliated third parties and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit their opt-out pages, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may no longer be effective.
It is also possible that when using a mobile application, you may also receive tailored in-application advertising content. Each operating system-iOS for Apple devices, Android for Android devices, and Windows for Microsoft devices-provides its own instructions on how to opt-out of the delivery of tailored in-application marketing content. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertising.
CALIFORNIA DO NOT TRACK DISCLOSURE
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. We do not currently recognize or respond to browser-initiated DNT signals, as there is no industry or legal standard for recognizing or responding to DNT signals at this time.
PRIVACY OF MINORS
Because it is the law, our mortgage lending application and processing services are not designed for minors under 18. Only persons 18 years of age or older may use the Platform. If we discover that an individual under 18 has provided us with personal information, we will close the account and delete the personal information to the extent required by the Children’s Online Privacy Protection Act. We may, where permitted by law, retain certain information internally for purposes described in this Policy.
We employ physical, procedural and technological security measures, such as encryption and passwords, to help protect your personal information from unauthorized access or disclosure. No security measures, however, are 100% failsafe. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or communications will not be collected, disclosed and/or used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. CLOUDVIRGA is not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.
LINKS TO EXTERNAL PLATFORMS
Our website includes links to other websites whose privacy practices may differ from those of CLOUDVIRGA. Such links do not constitute an endorsement by CLOUDVIRGA of those external websites. All third-party service providers in the mortgage lending process are responsible for their own compliance requirements. You acknowledge that we are providing these links to you only as a convenience, and further agree that we are not responsible for the content of such external websites or the protection and privacy of information you provide while visiting such external websites. If you submit Personal Information to any of those websites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.
UPDATING, DELETING, AND CORRECTING YOUR INFORMATION
CHANGES TO THIS POLICY
THIS POLICY IS CURRENT AS OF THE EFFECTIVE DATE SET FORTH ABOVE, BUT IS SUBJECT TO CHANGE AT ANY TIME. IF WE MAKE CHANGES TO THIS POLICY, WE WILL POST AN UPDATED POLICY ON THE PLATFORM AND REVISE THE “LAST UPDATED” DATE AT THE TOP OF THIS NOTICE. WE MAY ALSO SEND YOU A MESSAGE OR OTHERWISE NOTIFY YOU WHEN YOU ARE LOGGED INTO YOUR ACCOUNT. WE ENCOURAGE YOU TO REVIEW THIS POLICY REGULARLY FOR ANY CHANGES. YOUR CONTINUED ACCESS TO OR USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF ANY CHANGES TO THIS POLICY.
CONSENT TO TRANSFER
Our computer systems are currently based in the United States, so your personal data will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. If you create an account with the Platform as a visitor from outside the United States, by using the Platform, you agree to this Policy and you consent to the transfer of all such information to the United States, which may not offer a level of protection equivalent to that required in the European Union or certain other countries, and to the processing of that information as described in this Policy.
If you have any questions about this Policy or the Platform, or you wish to cease communication with us at any time please contact us.
Last Updated: July 10, 2019