Privacy Policy

This document is the Privacy Policy of Certain Lending, Inc. (hereinafter “Certain”, “we”, “us”, or “our”). This Privacy Policy has been created to govern how our website, products, and applications (“Site”) and our financial and real-estate services (“Services”) collect, store and use data, including personally identifying information (“Personal Data”) of our registered users.

By accessing the Site and by using the Services, you agree to, and are bound by, this Privacy Policy. All information submitted by you to the Service or collected on your behalf from a third-party application or institution may be retained by us indefinitely, even after you terminate your account. If you do not agree to this Privacy Policy, you may not access or otherwise use this Site or Service.

This Privacy Policy describes the information Certain Lending, Inc. ("Certain", "we", "us", or "our") collects about you, how we use and share that information, and what privacy choices we offer. Privacy Policy applies to information we collect when you register for a user account at www.certainlending.com; apply for financing at www.certainlending.com; engage Certain to broker financing; receive direct financing from Certain; access our website, mobile applications, products, and services (collectively, the "Services"); or otherwise interact with us. Herein the term "Site" includes all websites and all devices or applications operated by Certain that collect personal information from you and that link to this Privacy Policy; pages within each website, device or application; and any equivalent, replacement or backup website, device, or application.

Information We Collect

We collect information in a number of ways, such as when you provide information to us; when we obtain information from trusted third parties; and while you visit the Site and use the Services. We require Personal Data to transact business, communicate with you, verify your identity, and qualify you for financing. We may collect Personal Data when you register for access to the Services; complete certain forms on the Site; upload or submit any material through the Site; request information or contact us with inquiries; and agree to use certain services.

Personal Data

We collect personal information when you voluntarily provide it. Examples of when we collect personal information include, but are not limited to, you contacting us with inquiries, responding to our surveys, creating a user account at the site, submitting an application for a mortgage loan, reviewing offers from lenders, and providing information through the Site or Services to close your loan. Wherever we collect personal information, we make an effort to provide a link to this Privacy Policy.

When you provide consent through our technology by submitting a loan application, you voluntarily agree we may request and obtain from third parties personal information about you. We use secure methods to transmit data to and from a third party from which we are requesting and obtaining your personal information. You acknowledge we are not responsible for the management of your personal information by any third party, and you agree to hold us harmless in the event of a third party having the confidentiality, security, or availability of your personal information compromised.

By voluntarily providing us with Personal Data, and consenting for third parties to do the same, you are giving Certain permission to use and store the data consistent with this Privacy Policy. If we integrate information we receive from you with data we receive from other sources, we will treat the integrated information as Personal Data in accordance with this Privacy Policy.

Other Data

When you interact with us through the Site or Services, we receive, track, and store certain information about you. Examples of this information include, but are not limited to, the type of web browser, IP address, language preference, cookies, domain servers, URL traffic to, through and from the Site; types of computers or devices accessing the Site; and any other Web site usage information that we may collect when you visit the Site. This information cannot be used to specifically identify you.

We may store such non-identifying information by itself or may include it in databases owned and maintained by our affiliates, agents, or service providers. The Site and Services may use such information, on a standalone basis or with other data, to evaluate and improve the value of the Services and your experience with the Site, to understand how users and clients interact with the Services, and for any other lawful purpose we deem relevant.

We may disclose aggregated statistics about our users and clients in order to create intellectual property for our clients, to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.

Website Cookies

Cookies are small pieces of information that are issued to your computer when you visit a website and that store and sometimes track information about your use of the Services. We use cookies to help recognize you as a visitor to the Site, to improve the quality of our Services, and to give you a meaningful browsing experience. At our sole discretion, when you visit the Site, we may send a cookie to your computer, which allows us to recognize your computer but not specifically who is using it. If we associate identification numbers in the cookies with other information when you log into the Site or Services, we know that the cookie information relates to you. Some of the cookies used by our Services are served by us, and some are served by third parties who are delivering services on our behalf. The use of cookies by any third parties, including affiliates or service providers, is not covered by this Privacy Policy. We do not have access to or control over these cookies served by third parties.

Modern web browsers automatically accept cookies, but you can change your browser to prevent or restrict this or to notify you each time a cookie is sent to your computer. If you block or delete cookies used on our Site or Services, you may not be able to take full advantage of the Services.

Use of your Personal Data

We limit the use of your Personal Data to activities, which are necessary to arrange financing for you, develop and improve the Site and Services, and comply with laws and regulations. For example, we will use Personal Data you provide and we obtain from third parties to identify you when accessing your user account; enable us to deliver the Services to you; send information you have requested from us or may find useful; present opportunities to you when using the Services; present your financing needs and loan application to third party lenders and investors; facilitate communication between and exchange of information with third-party lenders and investors; contact you to respond to any inquiry you make through the Services; analyze the people visiting the Site and how they use the Services; and use for any other purposes that we may disclose to you when we request your information.

Certain, its subsidiaries, and affiliates may use Personal Data, in combination with other information collected through the Site and from third parties, to improve our clients' experience, customize content, develop products, and recommend opportunities to acquire, finance, service, and monetize real estate. Certain, its subsidiaries, and affiliates may use Personal Data to communicate with you about the Site and Services. You may exclude yourself from these activities and communications by opting out of this Privacy Policy.

Third Party Services

We do not sell, license, lease, or otherwise disclose your Personal Data to any unaffiliated third party for any reason, except as follows:

1) Disclosure is required or advisable because of laws, regulations, court orders, subpoenas, cooperating with government agencies, regulators and law enforcement officials, performing background checks, resolving disputes, or performing risk management activities.

2) Unaffiliated third parties may receive your Personal Data to provide services to us. We will strictly limit sharing of your Personal Data with and use of it by an unaffiliated third party to the task we contract the third party to perform. We will not allow an unaffiliated third party to receive or use your Personal Data for any other purpose.

3) If you are based in the US, Certain Lending may use Plaid, Inc. ("Plaid") to connect your Certain Lending account with your bank account, verify your bank account, and confirm your bank account balance. Information shared with Plaid is treated by Plaid in accordance with its Privacy Policy, available at https://plaid.com/legal/#end-user-privacy-policy.

4) With your consent, we may make publicly available on the Site and through the Services information about your real-estate investing and related business activities. We will only make this information available after obtaining your consent.

5) In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be part of the transferred assets. We will notify you about any such event and communicate your options concerning your Personal Data.

6) In addition to the foregoing, we will use your Personal Data to further the business activity or transaction for which you are voluntarily utilizing the Services.

When Providing Services and Delivering Products

We may share Personal Data with lenders, investors, and other third parties, after we receive a loan application from you, and when we arrange financing offers for you. Before sharing your Personal Data, we will collect additional data from third parties, including a credit bureau. This is discussed in the Third Party Information Release you sign when you submit a loan application. After you select a lender, we will provide to that lender your loan application and third-party data we are legally and contractually allowed to make available. Additionally, we may use your Personal Data to recommend Services.

Compliance Reporting and Monitoring

Federal and state governmental authorities may impose compliance or reporting requirements, which cause Certain or our affiliates to request from you additional financial or personal information. The laws and regulations governing these obligations, including but not limited to the PATRIOT Act and Foreign Account Tax Compliance Act, may necessitate additional due diligence, compliance activity, monitoring, or reporting by Certain or our affiliates. By using the Site and Services, you warrant you will, upon request, supply to us or out affiliates all information that is reasonably necessary or advisable to carry out such functions or requirements.

Safeguarding Personal Data

We take commercially reasonable steps to safeguard your Personal Data. Steps we take include, but are not limited to, implementing encryption and authentication tools; limiting information accessibility; using highly secure third-party services; and using cookies to anonymously recognize you as a repeat visitor and track Site traffic patterns. We perform security monitoring and analysis to assess the vulnerability of Personal Data to malicious compromise. Despite these efforts, we cannot ensure or guarantee the security of your Personal Data, nor do we make any representation or warranty regarding the security of such information.

Accurate Information

You are responsible for helping us maintain the accuracy and completeness of your Personal Data. We encourage you to review your information and keep it up to date. Please contact us at help@certainlending.com, if you believe your information is not correct. You may decline to share your information with us or ask us to delete your Personal Data; doing this may limit our ability to provide the Services or your ability to use the Site.

Public Information

Information you post on portions of the Site or Services may be available to anyone who is a visitor to the Site or user of the Services. An example is providing a comment to an article we post on the Site. We encourage you to exercise caution when posting comments or sharing your personal information in these areas. We cannot guarantee information you post to parts of the Site that are publicly available can be removed.

Links to other Websites

Certain is not responsible for the information, content, or practices of websites linked to or from the Site or Services. When you link to such website, our Privacy Policy is no longer in effect. Your web growing and interaction on any third-party website is subject to its terms of use.

Users Outside the United States

Users outside the United States can access the Site and Services. If you choose to use the Site or Services from a country other than the United States, you are transferring your Personal Data to the United States. By providing your personal information on the Site or Services, you agree to that transfer and consent to be governed by the laws of the United States.

California Residents and their Privacy Rights

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our clients, who are California residents, to request and obtain annually, free of charge, information about the Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to help@certainlending.com. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.

Collecting Data from Minors

We do not knowingly register users who are not legal adults or collect information from them. Use of the Site and Services is restricted to legal adults. If you are not a legal adult, you are using the Site and Services in violation of this Privacy Policy.

Privacy Policy Updates and Changes

At our sole and absolute discretion, we may change, update, modify, or add to this Privacy Policy. Any such change, modification, or addition will be immediately effective upon posting on the Site. We will post the most recent date of the Privacy Policy, so you know when the last change, modification, or addition went into effect.

Terms and Conditions

Your access to and use of the Site and Services is subject to our terms and conditions, available at certainlending.com.

Contacting Us and Opting Out

You may contact us at help@certainlending.com. We will endeavor to promptly respond to your questions or comments about this Privacy Policy your decisions about our collection and use of your Personal Data. You may opt out of this Privacy policy by contacting us. If you opt out, we will cease the sharing or use of your Personal Data after a reasonable period of time to process your request. However, we may continue storing and sharing your information in order to fulfill your use of the Site and Services. We do not charge a fee for withdrawing your consent to this Privacy Policy.

Last Updated: July 30, 2020