Online Privacy Statement
This Online Privacy Statement describes how Deephaven Mortgage LLC (“we” or “us”) collects, uses and shares the personal information that we gather when you use our products, services, applications, and websites. Throughout this Privacy Statement, we refer to our website(s), applications, product offerings, software, and services collectively as the “Services.”
Please note, however, that we may obtain separate consents from you (or provide separate notices to you) regarding particular uses or disclosures of personal information. For example, if we originate or acquire the servicing rights to a residential mortgage loan on which you are an obligor, we may provide you with one or more privacy notices that describe additional rights that you have under federal and state law with respect to any non-public personal information that we obtain in connection with your loan. To the extent that there is any conflict between this Privacy Statement and any such separate consents or notices, the separate consent or notice will control.
How We Collect, Use and Share Personal Information
In this Privacy Statement, “personal information” generally means any information that could allow someone to identify or contact you or your computing device. Such information includes, for example, your name; email address; phone number; home, postal or other physical address; other contact information; birth date; gender; occupation; industry; payment or identity verification information; and Internet Protocol (“IP”) address. The term does not, however, include information that cannot reasonably be used to identify you, such as aggregated or anonymous information.
Deephaven may use your personal information in order to provide the Services, to deliver advertising content to you, and otherwise for our everyday business. Although we will not sell your personal information, there are times when we will provide your Personal Information to third parties in order to provide the Services, and for other reasons.
Some of the specific reasons for which we may use and disclose your personal information include:
- We will share certain Personal Information with third parties to carry out our everyday business activities, such as servicing your account, providing you with personalized accounts available through our websites, communicating with you, and providing you with excellent customer service. For example, we may contact you by phone, regular mail and email regarding offers and promotions.
- If you become an approved seller or broker of residential mortgage loans to Deephaven, we will communicate with you via phone, regular mail and electronic mail regarding your account and our relationship. For example, we may contact you regarding payments, or customer support. We also may send you correspondence via regular and electronic mail regarding offers and promotions available to you. We may collect information about your transactions with us, the features of any order for a product or service that you place with us and any specific instructions you give regarding a purchase or service. We may also collect information from you in other ways, such as when you correspond with us, participate in an online survey, or contact our customer support team.
- We may share your personal information with third parties who help us (e.g., service providers, information technology providers, mailing and other business process providers, outsourcing providers, analytic data service providers, etc.) to operate and improve our business, including for marketing and research purposes.
- We may use and share certain Personal Information with third parties where we, our subsidiaries or our affiliate companies seek financing or other funding from third parties or in connection with any proposed or actual merger or other business combination or separation (including, but not limited to, a voluntary or involuntary change in our business or structure, reorganization, sale of all or part of our stock or assets, spinoff, bankruptcy, or dissolution).
- As discussed in more detail below (see “Cookies and Other Technologies”), we may collect information about you through the use of “cookies” or similar information-gathering tools. The information that we may collect with cookies and similar tools includes standard information from your web browser and/or mobile device (such as unique mobile device identifier, browser type, browser version, and browser language), your IP address, and the actions you take, such as the web pages you view and the links or advertisements you click.
- We also may use and disclose technical information about your accounts, such as your username, password, password reminder questions and answers, and communication preferences in order to operate the Services, to enable you to have a personalized experience with the Services, and for the other reasons described herein.
- We may use your personal information to create de-identified, anonymized, aggregated or similar non-personally identifiable data, which we generally may disclose to third parties and otherwise use for any lawful business purpose.
- We may use and disclose your personal information to engage in routine business uses that an ordinary and reasonable person should expect in the context of the Services that we provide, the reasons for which we collect personal information, and/or the ways that similar businesses ordinarily operate, including, for example, uses and disclosures:
- for security purposes, including to verify and authenticate your identity, authority, or other characteristics or information;
- to detect, prevent, or otherwise address fraud, security or technical issues, claims, or other liability or harm to you, us, or others; to respond to questions or requests or to contact you for lawful purposes;
- to vendors and their service providers who reasonably need the personal information to do their jobs, which may include helping us to analyze how the Services are used, diagnose service or technical problems, customize content or deliver personal communications, and/or protect the security or integrity of the Services;
- to respond to or participate in commercial disputes (e.g., lawsuits or investigations), including with respect to enforcing applicable provisions of our Terms and Conditions or other agreements we may have with you;
- to persons appearing to have a lawful interest in the personal information (e.g., to an insurance company processing an insurance claim involving you);
- to comply with applicable law, regulation, legal process, or enforceable governmental requests (such as subpoenas, warrants, investigative demands from law enforcement, regulators or others, national or international security letters or demands, etc.), or in order to investigate, prevent, or take action regarding suspected or actual illegal activities;
- to exercise or perform a legal, ethical, contractual or other right or obligation, including enforcing any agreement you may enter into; or
- in accordance with your express instructions or for such other lawful purposes as may be disclosed or evident at the time that you provide personal information to us (e.g., when you provide personal information in response to a survey, to sign up for an event, or to register for a newsletter).
It is not possible, however, for us to list every lawful use that we might make of personal information, so the uses and disclosures described above are general, non-exclusive, illustrations. We reserve the right to engage in any lawful use or disclosure of personal information that is consistent with this Privacy Statement, but we will not engage in any of the uses described above to the extent that they are prohibited by applicable law.
Cookies and Other Tracking Technologies
When you visit our websites, we collect and store the name of the domain and host from which you accessed the site, your public IP address, the browser software and operating system you used, the date and time you accessed the site, cookie information and all pages within the website which you access. Small data files called “cookies” also are placed on your computer, which enables various functions of our website, make it easier for you to view various site pages and allow us to identify your device, recognize you as a returning user and bring you advertising both on and off of our websites.
We use both “session ID cookies” and “persistent cookies.” Session ID cookies are used to store information while you are logged into your account and expire when you close your browser. Persistent cookies are used to make tasks easier for returning users by remembering a user’s login information. Persistent cookies stay on your hard drive from one session to the next. If you do not want to receive cookies, you can change your browser or mobile device settings, though this may change your browsing experience or interfere with your use of our Services.
In addition to these cookies, we also may use other standard Internet technology, such as web beacons and similar technologies, to track your use of the Services. Web beacons (sometimes called transparent GIFs, clear GIFs, or web bugs) are small strings of code that provide a way for us to deliver a small (usually invisible) graphic image on a web page or in an email. Web beacons can recognize certain types of information on your computers, such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. We may use web beacons to improve your experience with the Services, including to provide you with content customized to your interests and to understand whether users read email messages and click on links contained within those messages so that the Services can deliver relevant content. Our web beacons may collect some contact information (for example, the email address associated with an email message that contains a web beacon). The Services also may include third-party web beacons so that these third parties may receive auditing, research, and reporting information about advertisements viewed on the Services.
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.
From time-to-time, we may engage third parties to track and analyze non-personally identifiable usage and volume statistical information from individuals who visit our websites. These third parties may place material on the Services, such as banner ads, that allow the third party’s servers to place cookies in your web browser. Please note that we only can access cookies that we place on your browser, not the cookies sent to you by other companies. We also may use other third-party cookies to track the performance of our own advertisements. The information provided to third parties by means of these third party cookies does not include personal information, but this information may be re-associated with personal information after we receive it.
California Disclosure. CA Bus. & Prof. Code § 22575 requires us to disclose how our Site responds to Web browser “do not track” signals and/or other mechanisms that seek to provide consumers with the ability to control the collection of their personal information through online tracking technologies for certain purposes, such as targeted or behavioral advertising.
Certain mobile devices contain unique identifiers that can be used, for example, to identify the physical location of such devices. 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 the 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. 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.
How We Protect Your Information
We use what we believe to be commercially reasonable measures to protect your personal information from loss, misuse, or unauthorized access, disclosure, alteration or destruction. Nevertheless, please be advised that no security measure, system, or control is infallible. 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 be satisfied 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 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.
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”).
Third Party Sites
This Privacy Statement does not describe the practices of any other party that may have access to your personal information. To the extent that we provide your personal information to our agents or service providers, we take what we believe to be commercially reasonable steps to ensure that they safeguard the confidentiality of such information and use it only for the intended purposes. However, we are not responsible for the practices employed by any third party website that we may link to, nor for the information or content contained therein. When you click on one of these links, you are being transferred to a website operated by someone other than us, and the operator of that website may have different privacy practices. We encourage you to review the privacy statements of such other websites to understand their information practices and terms of service.
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. You can also write to us at the address below (see “Questions”).
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.
Changes and Updates
We may periodically revise, supplement, replace, or update this Privacy Statement, without prior notice to you. We encourage you to review this Privacy Statement whenever you use our Services in order to stay informed about our information practices. Your continued use of our products, services, and online and mobile websites shall constitute your acceptance of this Privacy Statement, as it exists at that time. To the extent not prohibited by law, any amendment or update to this Privacy Statement will apply both to personal information that we already have collected and to any personal information that we may subsequently obtain.
In certain circumstances, we may provide you with advance notice of certain changes to this Privacy Statement and/or with an opportunity to object to such changes. If you exercise such a right to object, the changes will not become effective with respect to your information, but your ability to use our Services may be terminated or impaired. We will explicitly notify you of the consequences of objection or non-objection to the extent and in the manner required by law.
If you have questions or concerns about our Privacy Statement, please send us an email at firstname.lastname@example.org. You also can write to us at:
Deephaven Mortgage, LLC
3530 Toringdon Way, Suite 200
Charlotte, North Carolina 28277