FAIRCLOSE PRIVACY POLICY

General

California residents

Effective Date: February 13, 2023

Last Updated/Reviewed: February 13, 2023

FAIRCLOSE, a Delaware limited liability company ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this Privacy Policy.

This Privacy Policy describes the types of information that we may collect from you or that you may provide when you visit our website www.fairclose.com (our "Site") and use our software platform (“Platform”) and sets forth our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to information that we may collect:

On our Site.
In email, text, and other electronic messages between you and this Site.
Through mobile and desktop applications you download from this Site or our Platform, which provide dedicated non-browser-based interaction between you and this Site.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
From you through your use of our Site and Platform to engage in transactions, including information that you provide to us verifying your ownership of real property, your past real estate sale or purchase transactions, your creditworthiness to enter into transactions involving the purchase of real property, your proof of availability of funds to close a transaction, or your proof of funding approval.

Our Privacy Policy does not apply to information collected by:

Us offline or through any other means, including on any other website operated by Company or any third party, including our affiliates and subsidiaries; or
Any third party, including our affiliates and subsidiaries, including through any application or content, including advertising, that may link to or be accessible from or on the Site or Platform; or
From any public records, including tax and property records.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with any of our legal policies and practices, your choice is not to use our Site and Platform. By accessing or using this Site or Platform, you expressly agree to all of the terms and conditions of this Privacy Policy. This Policy, our Terms of Service/Use and any of our legal policies, may change from time to time with or without notice to you. Your continued use of our Site and Platform after we make changes shall constitute your acceptance of, and agreement to, those changes, so please check this Privacy Policy and our other legal policies periodically for updates.

Persons Under the Age of 18

Our Site and Platform is not intended to be used by persons under 18 years of age. No one under age 18 may provide any information, personal or otherwise, to or on the Site. We do not knowingly collect personal information from persons under the age of 18. If you are under the age of 18, do not use or provide any information on our Site or through any of its features, do not register an Account on our Site, do not make any purchases or engage in any transactions through our Site or Platform, do use any messaging, interactive and/or public comment features of our Site, and do not provide us with any information about yourself, including but not limited to your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from any person under the age of 18, we will delete that information. If you believe we might have any information from any person under the age of 18, please contact us at 844-FAIR CLOSE (844-435-4795) or [email protected].

California residents under 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see the FAIRCLOSE PRIVACY POLICY FOR CALIFORNIA RESIDENTS for more information.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We may collect several types of information from and about users of our Site, including information:

By which you may be personally identified, such as name, postal address, e-mail address, and telephone number ("personal information");
That is about you but individually does not identify you; and/or
About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, our business partners and other Users.

Information You Provide to Us

The information we collect on or through our Site may include:

Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site by setting up an Account, subscribing to or utilizing our services, by posting material, or by requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Site.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Site or Platform. You may be required to provide financial information before entering into any transaction facilitated through our Site and/or Platform.
Your search queries on the Site or through our Platform.

You also may provide information to be published or displayed or linked (hereinafter, "posted") on User areas of the Site or our Platform, or to be transmitted to other users of the Site or Platform or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we may limit access to certain pages, and you may set certain privacy settings for such information by logging into your Account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Site and/or our Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). You can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and Platform and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience or User size and usage patterns.
Store information about your preferences, allowing us to customize our Site and Platform according to your individual interests and needs.
Speed up your searches.
Recognize you when you return to our Site and Platform.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site and/or Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies

Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

HOW WE USE YOUR INFORMATION AND DATA

We use information and/or data that we collect about you or that you provide to us, including any personal information:

To present our Site and its contents to you.
To provide you with information, services, and products that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your Account or use of our Site and Platform.
To carry out our obligations and enforce our rights arising from your Account with us and any contracts/agreements entered into between you and us, including for billing and collection of our Technology Fees.
To notify you about changes to our Site or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Site and Platform, including messaging services and the receipt of information that you have requested from us or indicated a desire to receive.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

We may also use your information and/or data to contact you about services, products or information that may be of interest to you. If you do not want us to use your information and/or data in this way, please check the relevant box located on the form on which we collect your data For more information, see Choices About How We Use and Disclose Your Information.

We may use the information and/or data that we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We may make disclosures of information as set forth in the DISCLOSURE OF INFORMATION Section of this Privacy Policy.

LOCATION OF PERSONAL INFORMATION

We use Amazon Web Services to support the FAIRCHOICE Site and Platform. Amazon Web Services, Inc. is located in the United States, and has affiliated companies are located throughout the world. Depending on the scope of your interactions with our Site and Platform and Amazon Wed Services (“AWS”) Offerings, your personal information may be stored in or accessed from multiple countries, including the United States. Whenever your personal information is transferred to other jurisdictions, AWS will ensure that the information is transferred in accordance with the AWS Privacy Policy (which can be found at https://aws.amazon.com/privacy) and as permitted by applicable data protection laws.

HOW WE SECURE INFORMATION

Security is one of our highest priorities. We have designed our systems and retained the services of AWS with your security and privacy in mind.

AWS maintains a wide variety of compliance programs that validate the AWS security controls. The AWS compliance programs can be found at https://aws.amazon.com/compliance/programs. AWS protects the security of your information during transmission to or from AWS websites, applications, products, or services by using encryption protocols and software. We and AWS follow the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data. We and AWS maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal information. Our security procedures mean that we may request proof of identity before we disclose personal information to you.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site or Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards and information that you may upload or share to our Site and Platform have about third parties (such as your contacts). The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site or Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or Platform.

EU-US AND SWISS-US PRIVACY SHIELD

AWS does rely on the Privacy Shield but continues to keep to the commitments that AWS made when it certified to the Privacy Shield.

AWS participates in the EU-US and Swiss-US Privacy Shield frameworks. For more information about how AWS participates in the EU-US and Swiss-US Privacy Shield frameworks, see:

https://www.amazon.com/gp/help/customer/display.html/ref=hp_left_v4_sib?ie=UTF8&nodeId=202135380.

DISCLOSURE OF INFORMATION

We may disclose aggregated information about our Users, and information that does not identify any individual, without restriction.

We may disclose personal information and/or data that we collect or you provide as described in this Privacy Policy:

To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of FAIRCLOSE’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by FAIRCLOSE about our Site or Platform users is among the assets transferred.
To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Service and Use and other legal agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of FAIRCHOICE, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Site or our Platform may then be inaccessible or not function properly.
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by sending us an email with your opt-out request to [email protected].
Promotional Offers from the Company. If you do not wish to have your information used by us to promote our own or third parties' services, platform or products, you can opt-out by checking the relevant box located on the form on which we collect your data or at any other time by logging into the Site and adjusting your user preferences in your Account profile, or by by checking or unchecking the relevant boxes or by sending us an email with your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to us as a result of a transaction, service or product purchase, or other transactions.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by logging into the Site and adjusting your user preferences in your Account profile, or by sending us an email with your request to [email protected].

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

You may have additional rights governed by laws of the jurisdiction in which you reside. Please review our policies in their entirety for any additional provisions and terms that may apply to you. For example, California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Site and visiting your Account profile page. You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user Account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Deletion of Your Account. If you delete your user Account, any uploads, links or the contributions that you have made to our Site or Platform may remain viewable in cached and archived pages or might have been copied or stored by other Site and Platform users. Proper access and use of information provided on the Site and Platform is governed by our Terms of Service and Use.

Right to be Forgotten. You have the right to request that we delete all of your personal information. We cannot delete your personal information except by also deleting your User account, and we will only delete your account when you have requested that we do so. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your personal information as set forth in this Policy. In addition, we cannot completely delete your personal information as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.

You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.

How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under Contact Information below and through our Site’s Contact Us form. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.

JURISDICTION-SPECIFIC PRIVACY RIGHTS

The law in certain jurisdictions may provide their residents with additional rights regarding our use of your personal information

The law in some jurisdictions may provide you with additional rights regarding our use of personal information. To learn more about any additional rights that may be applicable to you as a resident of one of these states, please see any relevant privacy laws applicable to your state or other jurisdiction.

For Individuals Located within the European Economic Area: If you are located in the European Economic Area, you have the additional rights described in our GDPR Website Privacy Addendum.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

For further legal rights relating to your Personal Information or Data, please also see the section below entitled “What Are Your Data Protection Rights.”

WHAT ARE YOUR DATA PROTECTION RIGHTS

We would like to make sure that you are fully aware of all of your data protection rights. Every user of our services is entitled to the following:

The right to access - You have the right to ask us for copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that our company correct any information that you believe is inaccurate. You also have the right to request that we complete information that you believe is incomplete.

The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

The right to restrict processing - You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that we transfer the data that we have collected pertaining to you to another organization, or directly to you, under certain conditions.

If you make a request to us with regard to any of these issues or rights, we have up to one (1) month to respond to you. If you would like to exercise any of these rights, please contact us at:

Email: [email protected]
Call: 844-FAIRCLOSE (844-435-4795)

DO NOT TRACK SIGNALS

We may use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

DATA SECURITY

Information transmitted over the Internet is not completely secure, but we do our best to protect your personal information.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site and Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on the Site or Platform.

DATA RETENTION PERIODS

We retain your personal information for as long as you keep your account open. In some instances, we may keep it after you close your account, for example we may keep it:

on our backup and disaster recovery systems;
for as long as necessary to protect our legal interests; and
and to comply with other legal requirements.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on our Site home page. If we make material changes to how we treat our users' personal information, we will notify you by a notice on the Site home page. The date that our Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes. Your continued use of our Site following the posting of changes constitutes your express acceptance of such changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

FAIRCLOSE
Attn: General Counsel
10000 N. Central Expressway
Suite 1000
Dallas, Texas 75231
[email protected]
844-FAIR CLOSE
(844-435-4795)

California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, please visit the FAIRCLOSE PRIVACY POLICY FOR CALIFORNIA RESIDENTS.

GDPR WEBSITE PRIVACY ADDENDUM

INTRODUCTION

This GDPR Website Privacy Addendum supplements the information in the our Privacy Policy and applies to personal information/data (“Personal Data”) about individuals located in the European Economic Area. This GDPR Website Privacy Addendum is in addition to the terms and provisions of our Privacy Policy.

This GDPR Website Privacy Addendum (the “GDPR Website Privacy Addendum”) supplements the information contained in the Fairclose Privacy Policy and applies solely to all Users of our Site and Platform who are located in the European Economic Area. We adopt this GDPR Website Privacy Addendum to comply with the General Data Protection Regulation (2016/679) and any implementing acts of the foregoing by any of the member states of the European Economic Area, the United Kingdom, or Switzerland (“GDPR”) and any terms defined in the GDPR or our Privacy Policy have the same meaning when used in this GDPR Website Privacy Addendum. This GDPR Website Privacy Addendum takes precedence over anything contradictory in our Privacy Policy.

DATA CONTROLLER, DATA PROTECTION OFFICER, AND REPRESENTATIVE

FAIRCLOSE is the data controller of the Personal Data you provide on the Site and/or Platform. FAIRCLOSE is not required to appoint a Data Protection Officer or a representative in the European Union, and has elected not to do so.

LAWFUL BASIS FOR PROCESSING YOUR PERSONAL DATA

We have a lawful basis for our processing of your Personal Data, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.

If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

By using our Site and Platform, you consent to our collection, use, and sharing of your Personal Data as described in this Privacy Policy. If you do not consent to this Privacy Policy, please do not use the Site or Platform.

Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your interests and rights and freedoms and we do not process your Personal Data if your interests or rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between FAIRCLOSE and you; detect and correct bugs and to improve our Site and Platform; safeguard our IT infrastructure and intellectual property; process and/or facilitate your requests and transactions; detect and prevent fraud and other financial crime; and promote, support, and market our business.

To Fulfill Our Obligations to You under our Contract. We process your Personal Data in order to fulfill our obligations to you pursuant to our contract with you to deliver our services to you.

As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

SPECIAL CATEGORIES OF INFORMATION

We may process some Personal Data considered sensitive when necessary to carry out our obligations under the law or to protect our legitimate interests.

Some Personal Data processed by FAIRCLOSE may be considered sensitive, including Personal Data that reveals racial or ethnic origin or other Personal Data. To the extent that FAIRCLOSE processes such information, this information is processed only to the extent necessary to carry out its obligations under the law or to the extent necessary to protect FAIRCLOSE’s legitimate interests.

AUTOMATED DECISION MAKING

We generally do not use your Personal Data with any automated decision making processes. FAIRCLOSE does not use your Personal Data with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.

YOUR RIGHTS REGARDING YOUR INFORMATION AND ACCESSING AND CORRECTING YOUR INFORMATION

You may have certain rights under applicable data protection laws, including the right to access and update your Personal Data, restrict how it is used, transfer certain Personal Data to another controller, withdraw your consent at any time, and the right to have us erase certain Personal Data about you. You also have the right to complain to a supervisory authority about our processing of your Personal Data.

Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

Access and Update. You can review and change your Personal Data by logging into the Site and Platform and visiting your “Account” page. You may also notify us through the Contact Information below or through our Website’s Contact Us form of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your User account, and we will only delete your account when you request that we do so or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.

How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under Contact Information below and through Contact Us form on our Website. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.

CONSENT TO PROCESSING OF PERSONAL DATA IN THE UNITED STATES / IN OTHER COUNTRIES OUTSIDE THE EUROPEAN ECONOMIC AREA

We may process your Personal Data outside of your home country, including to the United States. We only do this when we are legally permitted to do so and when we have appropriate safeguards in place to protect your Personal Data.

If you are a resident of the European Economic Area (“EEA”), in order to provide our Site, Platform, products and/or services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. Your information may be processed and stored in the United States and United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using our Site and Platform, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data outside the country where you reside or are located, including in the United States.

Your Personal Data is transferred by FAIRCLOSE to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. To ensure your Personal Data is treated in accordance with this Privacy Policy when we transfer it to a third party, FAIRCLOSE may use Data Protection Agreements between FAIRCLOSE and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data, but may need to be supplemented with additional measures on a case-by-case basis after an analysis that such supplemental measures can provide you with an essentially equivalent level of protection as afforded in the EU. When, as a result of this analysis, we believe this to be appropriate and necessary, these Standard Contractual Clauses have been supplemented in this way. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third country. You may request a copy of the Data Protection Agreement by contacting us through the Contact Information below.

DATA RETENTION PERIODS

We retain your Personal Data for as long as you keep your account open. In some instances, we may keep it after you close your account, for example we may keep it:

on our backup and disaster recovery systems;
for as long as necessary to protect our legal interests; and
and to comply with other legal requirements.

FAIRCLOSE will retain your Personal Data for the entire time that you keep your account open. After you close your account, we retain your Personal Data until you request that we remove it.

CHANGES TO THIS GDPR WEBSITE PRIVACY ADDENDUM

FAIRCLOSE reserves the right to amend this GDPR Website Privacy Addendum at our discretion and at any time and at any time and as described in our Privacy Policy. When we make changes to this GDPR Website Privacy Addendum, we will post the updated notice on the Site and/or Platform and update the notice’s effective date. Your continued use of our Site and Platform following the posting of changes constitutes your acceptance of such changes.

CONTACT INFORMATION

You may contact us through the contact information below. If you wish to contact us, you may contact us through the contact information below or through the Contact Us form on our Site. If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you may contact us at the contact information below or through the Contact Us form on our Site.

FAIRCLOSE
Attn: General Counsel
10000 N. Central Expressway
Suite 1000
Dallas, Texas 75231
[email protected]
844-FAIR CLOSE
(844-435-4795)

Effective Date: February 13, 2023

Last Updated/Reviewed: February 13, 2023

This Privacy Policy for California Residents supplements the information contained in the FAIRCLOSE PRIVACY POLICY and applies solely to all visitors, users, and others who reside in the State of California in the United States ("consumers" or "you") who use our Site. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA), and any subsequent amendments to the California Consumer Privacy Act, and any terms defined in the CCPA have the same meaning when used in this Policy.

Currently, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some of its requirements.

INFORMATION WE COLLECT

Our Site collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA's scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data.
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Our Site may have collected the following categories of personal information from consumers within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.	Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	Yes
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	No
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	No
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	No
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	Yes
G. Geolocation data.	Physical location or movements.	Yes
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	No
I. Professional or employment-related information.	Current or past job history or performance evaluations or other data that you may provide about your business.	Yes
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Yes

Our Site obtains the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from forms you complete, products and services you purchase, and information that you provide directly to us in using our Site and services.
Indirectly from you. For example, from observing your actions on our Site.
We may also collect information relevant to or about users of our Site that may or may not be considered to be personal information under California law. Such information may be obtained by us from public data sources, tax records and rolls, property evaluations (or AVMs, which means automated valuation models), notices of defaults and delinquencies and/or loan information.

USE OF PERSONAL INFORMATION

We may (and reserve the right to) use, sell, or disclose the personal information we collect for one or more of the following purposes:

To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a quote on technical or other fees or to use our Platform and messaging services, or ask a question about our products or services, we will use that personal information to respond to your inquiry and to provide services to you.
To provide, support, personalize, and develop our Site, services, Platform and/or products.
To create, maintain, customize, and secure your Account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize your Site and Platform experience and to deliver targeted content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email or text message (with your consent, where required by law).
To help maintain the safety, security, and integrity of our Site, Platform, products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our Site, Platform, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

SHARING PERSONAL INFORMATION

We may share your personal information by disclosing it to a third-party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do not include information about individuals we know are under age 18. In the preceding twelve (12) months, Company has not sold any categories of personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Personal Information Category	Category of Third-Party Recipients
Personal Information Category	Business Purpose Disclosures	Sales
A: Identifiers.	None.	None.
B: California Customer Records personal information categories.	None.	None.
C: Protected classification characteristics under California or federal law.	None.	None.
D: Commercial information.	None.	None.
E: Biometric information.	None.	None.
F: Internet or other similar network activity.	None.	None.
G: Geolocation data.	None.	None.
H: Sensory data.	None.	None.
I: Professional or employment-related information.	None.	None.
J: Non-public education information.	None.	None.
K: Inferences drawn from other personal information.	None.	None.

Reselling Personal Information

The CCPA prohibits a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of further sales. The following businesses purchase personal information from us and may resell that information:

None

YOUR RIGHTS AND CHOICES

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written agreement, or carry out any other task or function that we are required to completed in accordance with federal law, or otherwise perform a contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by:

Phone: 844-FAIRCLOSE (844-435-4795)
Website: www.fairclose.com
Email: [email protected]
Postal Address:

FAIRCLOSE
Attn: General Counsel
10000 N. Central Expressway
Suite 1000
Dallas, Texas 75231

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may also make a request to know or delete on behalf of your child, although we do not knowingly provide services to anyone under the age of 18 or allow anyone under the age of 18 to use our Site.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include verification.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us via email at s[email protected] or phone at 844-FAIR CLOSE (844-435-4795).

We endeavor to substantively respond to a verifiable user request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should reasonably allow you to transmit the information from one entity to another entity.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

PERSONAL INFORMATION SALES OPT-OUT AND OPT-IN RIGHTS

Our Site is not intended to be used by persons under 18 years of age. No one under age 18 may provide any information, personal or otherwise, to or on our Site or Platform. We do not knowingly collect personal information from persons under age 18.

If you are age 18 or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 18 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by contacting us email at [email protected] or phone at 844-FAIR CLOSE (844-435-4795).

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

OTHER CALIFORNIA PRIVACY RIGHTS

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at: FAIRCLOSE, Attn: General Counsel, 10000 N. Central Expressway, Suite 1000, Dallas, Texas 75231.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy(ies) on this page with a notice that the Privacy Policy has been updated on the Site home page. If we make material changes to how we treat our users' personal information, we will notify you by a notice on the Site home page. The date that a Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes. Your continued use of our Site and Platform following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which FAIRCLOSE collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 844-FAIRCLOSE (844-435-4795)
Website: www.fairclose.com
Email: s[email protected]
Postal Address:

FAIRCLOSE
Attn: General Counsel
10000 N. Central Expressway
Suite 1000
Dallas, Texas 75231

If you need to access this Policy in an alternative format due to having a disability, please contact us via one of the contact methods set forth above.

FAIRCLOSE PRIVACY POLICY

General

California residents

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