January 1, 2018
We collect personal and financial information from Customers from, but not limited to, the following sources:
• Website activity and online loan submittals
• Loan applications
• Due diligence checklists
• Broker loan submittals
• Escrow and title companies
• Consumer credit reporting agencies
• Federal databases
The majority of information is collected during the application and/or due diligence process and, while some items are optional, most are required for legal, regulatory compliance, or security purposes.
In general, the type of information we collect includes, but is not limited to:
• Personal data required to verify your identity (i.e. name, address, social security number, tax identification number, driver’s license number, etc.)
• Personal and financial data relative to your assets and income (i.e. tax returns, bank statements, etc.)
• Information about your other real estate investments or investment activities (i.e. property addresses, purchase price, sales price, ownership interest, etc.)
• Company formation documents (i.e. bylaws, operating agreements, statement of information, etc.)
• Public information about you (i.e. social media posts and profiles, etc.)
• Credit and criminal information about you (i.e. credit and criminal reports, etc.)
• Non-identifiable and aggregated personal data pertaining to your Site visits that help us maintain the appropriate features, functionality and user experience (i.e. cookies)
Sharing of Customer Information
Pivotal does not sell or rent personal information about its Customers for marketing purposes. We do, however, work with a number of trusted partners who perform vital functions as part of our operations.
If you are a potential borrower, then as part of the loan application process, we may verify information contained in the loan application and in other documents required in connection with the loan, either before the loan is closed or as part of our quality control program.
Pivotal also works with (among others) providers of hosting services for its Site, electronic signature providers, and electronic payment service providers. We may engage third parties to help us carry out certain other internal functions such as account processing, client services, or other data collection relevant to our business. Examples of third parties might include those that perform loan servicing, draw processing, data processing, reporting, tax documentation, title services, custody or escrow services. Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services, like collections. Our partners are legally
required to keep your information private and secure.
We may share your information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your personally identifiable information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your personal information that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our services, or to protect the rights, property or personal safety of Pivotal, its Customers, users, issuers, or others.
Notifications and Communications
Pivotal will send you email notifications from time to time. Some notifications are required elements of your transactions, such as confirmations of particular actions you have taken. These mandatory notices are sent typically to notify you of a change in status. For example, you will receive a notice each month with your loan interest statement.
We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection to ensure that another person cannot make a change to your account without your knowledge. In other cases, these notifications involve changes to various legal agreements or Site policies. Generally, you may not opt out of such service-related emails.
We may also send you responses to emails you send us, if appropriate. From time to time, we will also send user surveys, requests for user feedback regarding user experience and Site operations, or marketing offers from us or from us on behalf of our marketing partners. Completing these surveys, answering requests for feedback, or accepting any offer is strictly voluntary. If you do not wish to receive these surveys, user feedback emails, and/or marketing offers, please opt out in any offer email you receive from us.
Where You Can View and Correct Your Information
Non-Identifiable Data and Aggregated Personal Data
Pivotal (or our service providers) may also collect web surfing data related to your use of the Site. Such information may include: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; clickstream data; and the dates and times that you visit the Site. This data may be collected using cookies, web beacons, page tags or similar tools. As with cookies, the web surfing information is anonymous, “click stream” transactional data that is not associated with any users as individuals.
Web surfing data and similar information may be aggregated for administrative purposes. Pivotal may, for example, use this aggregated information in the administration of the Site to improve its usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, and other marketing activities. We also use it to help optimize the Site based on the needs of our users.
Links to Other Sites
Our Site may be accessed by users located outside the United States. If you choose to use the Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States, and that by providing your personal information on or through the Site then you consent to that transfer.
We limit access to the personal information we have about you to those employees who have a legitimate business need to access such information. In keeping with industry standards and practices, we maintain appropriate physical, electronic and procedural safeguards and controls to protect your information. Our Site is built upon a secure infrastructure with multiple layers of protection, and we use industry-standard encryption technologies to safeguard your information.
Notifications of Security Systems Breach
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on or through the Site in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Take Precautionary Measures
You can take several precautions to protect the security of your computer and personal information. For instance, you can use a well-chosen password and restrict access to your email account. You can also install and regularly update antivirus and firewall software to protect your computer from external attacks by malicious users. When you are finished with a session on the Site, be sure that you log out and close the browser window.
You should also be aware of fraudulent attempts to gain access to your account information through phishing; whereby scammers try to bring unsuspecting people to a website by using a genuine-looking email purporting to be from a legitimate company. Sometimes, either in the email itself or on this fake site, scammers will ask for login information to gain access to people’s accounts and withdraw their money.
Pivotal will never send you an email asking you for your login information. In general, you can protect yourself against phishing by never providing personal or login information via a link contained in an email; instead, go the website directly. You might also make it a habit to check the URL of a website to
be sure that it begins with the correct domain.