Privacy Policy

Effective Date: 11/24/2020
Last Revised: 11/24/2020

This is the Privacy Policy for UpNest Home Loans LLC and its affiliates (collectively referred to as “UpNest Home Loans”, “we,” “us,” or “our”). By submitting any information to us in connection with our Services, you acknowledge and agree that we may process (that is, collect, access, use, disclose, and conduct other related activities) your Personal Information as described in this Privacy Policy.

Purpose of this privacy policy

Your privacy is important to us. We are committed to protecting your Personal Information and we want you to understand how we collect, process, use, disclose, and protect it. This privacy policy (“Privacy Policy”) is intended to inform you of the types Personal Information that we may collect from, or be provided about, you through our website, https://www.upnesthomeloans.com/ (the “Site”), when you call our toll-free number, exchange text or SMS messages with us, use our chat support, contact us using the links on the Site, when you submit information via our Site or the links on our website to apply for a home loan, and when you submit information via our Site to apply for employment with UpNest Home Loans, and the rights you have. For the purposes of this Privacy Policy, the Site, our toll-free number, the other available contact methods, and third party UpNest Home Loans-branded websites that provide services to you on our behalf, are collectively referred to as the “Services.”

This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

In this Privacy Policy, we use the terms Personal Information and Anonymous Information to describe the types of information that might be collected during your interactions with the Services. “Personal Information” means information that can be used to identify a particular individual or user of the Services, including, for example, your name, address, telephone number, e-mail address, user name, and any other information about you that is associated with or linked to any of the foregoing information, such as your IP address or geographic location information. “Anonymous Information” means information that is not associated with or linked to your Personal Information and that cannot be used to identify an individual. We use Personal Information and Anonymous Information only as described in this Privacy Policy.

We collect and process the Personal Information of various categories of people who interact with us, who are mostly people who use and fill forms on our Site, or who provide information to us (whether directly or through our trusted third-party service providers) through the Services. In some cases, we may share Personal Information with third parties, but only as described below.

Our Services are not intended for children and we do not knowingly collect Personal Information relating to children under the age of 18. If you are under the age of 18, please do not use the Site, do not attempt to register for or make use of the Services, and do not share any Personal Information about yourself with us. For more information, please refer to the “Children” section below.

This Privacy Policy applies to all Personal Information we obtain and process through the Services as explained in more detail in this notice. It is important that you read this Privacy Policy together with any other privacy notices that we may provide on specific occasions when we are collecting or otherwise processing Personal Information about you so that you know how and why we are using it. This Privacy Policy supplements those other notices and is not intended to override them.

Please read this policy carefully to understand our policies and practices regarding your Personal Information and how we will handle it. If you do not agree with our policies and practices, your option is not to use our Site or Services. By accessing or using this Site and/or our Services, you agree to this privacy policy. This policy may change from time to time, as described in the “Changes to this Privacy Policy” section below. Your continued use of this Site or our Services after we make changes is deemed to be your acceptance of those changes, so please check this Privacy Policy from time to time for updates.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information, by which you may be personally identified, such as name, postal address, email address, telephone number or social media profiles (“personal information”); that is about you but individually does not identify you, such as pages visited, items searched; 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.

Types of Personal Information we Collect

The types of Personal Information that we will collect and use will depend on various circumstances, for example, your relationship with us and the method you use to interact with us. Personal Information does not include:

  • Publicly available information from government records;
  • Deidentified or aggregated consumer information; or,
  • Information excluded from the scope of applicable privacy laws, such as:
    • 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) or clinical trial 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.

In particular, we collect the following categories and types of personal information:

  • Contact information (such as name, email address, mailing address, and phone number)
  • Personal identifiers (such as Social Security Number (SSN), date of birth, employee identification number, Taxpayer Identification Number (TIN), other DBA number(s), other government issued identification(s), account name, online identifier, and signature)
  • Financial information (such as bank, credit or debit card number, account type, routing number, bank institution name, account balances, credit history, investment activity, income or source of funds, and payment/transaction history)
  • Commercial information (such as primary business address, secondary business address, ownership information, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, home purchase information, such as the address, type of home, and price range of the home you are interested in buying or selling, records of personal property)
  • Professional or employment-related information (such as occupation, title, performance evaluations, and prior employment history)
  • Demographic information (such as age, date of birth, gender, race, color, origin, citizenship, and ethnicity)
  • Personal characteristics (such as marital status and familial information)
  • Geolocation data (such as city/state, zip code, physical location or movements)
  • Internet or other Electronic Network Activity information (such as log information, IP address, access times, operating system, browser type and language, Internet service provider, and website interactions and browsing history)
  • Inferences drawn from the above categories of personal information reflecting your preferences, characteristics, behaviors, psychological trends, attitudes and abilities

Except as described above, we do not collect, store, process, or receive credit card numbers from our Partners (as defined in the “How we Collect Personal Information” section below) or otherwise. This type of information may be collected by our Partners and subject to their privacy policies.

In addition to the categories of information described above, UpNest Home Loans may also collect aggregated information or other Anonymous Information that does not directly identify you.

How we Collect Personal Information

We obtain Personal Information in a variety of ways, including sometimes through a platform that is owned, operated, or “powered by” third-party partners or service providers (collectively, our “Partners”). In connection with your interactions with us through the Services, we may collect information from you or from other sources. This information may be Personal Information that you directly provide to us, such as information that you provide when you use the Services, or information that is passively or automatically collected from you, such as information collected from your browser or device. This information may either be Personal Information or Anonymous Information, depending on the collection source and method.

In some instances, UpNest Home Loans may also collect information from third party sources, upon whom we rely to provide the Services. We use both business partners and service providers, such as payment processors and analytics providers, to perform services on our behalf. Some of these Partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with that provider) and may share some or all of that information with us.

The following are the categories of sources from which we collect your Personal Information:

  • Directly from you when you provide information to us through your interaction with the Services, including when you call our toll-free number, email us, or complete forms on our Site;
  • From other consumers on your behalf through their interaction with the Services;
  • Automatically as you navigate through the Site, in accordance with the “Cookies and Automatic Data Collection” section below;
  • From government agencies or public records; and,
  • From third party services providers or business partners.

If you submit Personal Information relating to other people, you represent and warrant that you have the authority to do so and to permit us to use that information in accordance with this Privacy Policy.

We encourage you to review the privacy policies for each third-party service provider or Partner so that you are informed about the information they may collect and use about you.

Cookies and Automatic Data Collection; Do Not Track (DNT)

As described above, we may use automatic data collection technology to collect certain information about your devices and browsing patterns. We use cookies on the Site that automatically collect information about you. “Cookies” are a small data file that are stored on your computer’s hard drive by your browser while you are using the Site. We use these cookies to improve our Site functionality and the overall experience of our customers, as described in greater detail below. The information gathered and stored is utilized anonymously and does not contain anything that can identify users personally.

We use both session cookies (which expire once you close your browser window) and persistent cookies (which stay on your computer until they expire or until you delete them) to provide you with more personal and interactive experiences on the Site. Persistent cookies can be removed by following the help directions for your internet browser. If you choose to disable all or most cookies, some areas of the Site may not function properly.

In addition to cookies, UpNest Home Loans uses "pixels" to enable certain cookies or advertisements on the Site and to track the number of times a link or advertisement is served on a webpage. A pixel is a tiny, 1x1 image that is loaded when you visit our Site, but instead of calling up an image, it causes a cookie or application to be downloaded. Pixels can be used to track user activities, track the number of times a user has viewed a particular link or advertisement, track and optimize Site traffic, display advertisements, keep track of advertising commissions, and otherwise collect data for online marketing and Site analysis. As with cookies, our Site utilize both session pixels and persistent pixels.

We also use cookies and tracking/marketing pixels for four general purposes: (1) to ensure the functionality, optimization, and ease of use of our Site; (2) to ensure and maintain the security of our Site; and, (3) to collect anonymous, statistical data regarding how visitors interact with the Site.

The cookies that we use for functionality and security purposes are considered necessary cookies, without which the Site would not function properly. These cookies allow some of the basic functions of our Site to work properly, such as remembering your preferences as you navigate the Site. In addition, these cookies help us secure the Site by preventing cross-site request forgery attacks and by throttling excessive request rates.

We also use cookies to collect statistical information regarding how visitors interact with our Site and to track repeat visits to our Site. While these cookies collect information regarding how you use our Site in order to help us understand site flow and improve the Site, all such statistical data is anonymous and does not personally identify you.

You have the option to manage the cookies we use in connection with the Site through the cookie consent settings and preferences centers made available to you on the Site.

We also use Google Analytics on our Site to collect usage data, to analyze how users use the Site, and to provide advertisements to you on other websites. This information is anonymous and does not include Personal Information. Please visit the following website for information about how you can opt out of having Google Analytics collect data from you when you are using the Site: https://tools.google.com/dlpage/gaoptout/.

Any automatically collected information is statistical, aggregated, or Anonymous Information and does not include Personal Information.

Please note that our Site is not configured to accept and respond to web browser Do Not Track (DNT) signals. As such, if you would like to exercise your privacy rights, we encourage you to do so by submitting a request using the methods described below.

Use of Your Personal Information

We will only use your Personal Information for the purposes for which it has been provided to us. Generally, we will process your Personal Information:

  • to perform our Services and response to your requests, including to process payments and perform any other services that you request;
  • to present the Site to you;
  • to provide you with UpNest Home Loans related information, promotions, offers, products, or services that you request from us or that you have consented to receive;
  • to promote UpNest Home Loans via email direct marketing if you have shared your email when interacting with the Services and have agreed to receive marketing messages, which you may opt out of at any time;
  • to conduct research and provide you with surveys about the Site and our current and prospective Services;
  • to fulfill any purpose for which you provide Personal Information as described in the Privacy Policy or at the point of collection;
  • for internal business purposes, including data analysis, audits, developing new product and service offerings, and to monitor and improve the use and satisfaction of the Site and Services;
  • to provide customer support;
  • to maintain the safety, security, and integrity of the Site and Services, as well as our databases and other technology assets and our business;
  • to notify you about changes to our Site, our Terms of Use, or this Privacy Policy and to send you security alerts, confirmations, and other administrative messages;
  • to respond to law enforcement requests and as required by applicable laws, rules, court order, or governmental regulations, as well as to comply with our legal and regulatory obligations and to defend legal claims;
  • to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets as described in greater detail in the “UpNest Home Loans Corporate Transactions” section below; and,
  • to fulfill any other purposes with your explicit consent.

We may also use your Personal Information for any other purpose as disclosed at the time of collection, or when we have otherwise obtained consent.

f you provide feedback on any of our products or services, we may use such feedback for any purposes, provided that we will not associate such feedback with your Personal Information. We will collect any information contained in your feedback and will treat the Personal Information in such communication in accordance with this Privacy Policy.

We may create deidentified information records from Personal Information by excluding or modifying aspects of your Personal Information (such as your name or date of birth) in such a way that the information would not be capable of being identified with you as a specific individual at any time in the future. We may use this deidentified information to analyze request patterns and usage patterns so that we may enhance our products and services. We reserve the right to use and disclose deidentified information to third parties in its discretion.

Direct Marketing and Other Communications

We may periodically engage in direct marketing. You will be able to opt out at any time by following the instructions included in every e-mail sent to you via the “Unsubscribe” link contained in the email footer.

You may not opt out of non-promotional communications from us, including confirmation messages regarding the services you have requested from us. Please note, regardless of your communication preferences, we may continue to communicate with you regarding changes to our Terms of Use or Privacy Policy, data breaches, or other significant information related to your Personal Information for as long as it is retained by us.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to us at compliance@upnesthomeloans.com and identify your request as “Nevada Opt-Out Request” in the subject line. Please know, however, that we do not currently sell Personal Information as sales are defined under that statute, and, as such, its opt-out requirements have not been triggered. Following our receipt of your request, we will make reasonable efforts to verify your identity and that the authenticity of the request. When we have verified your request, we will confirm that your Personal Information will not be sold by us. If you change your email address in the future, please note that you will need to re-register the new email address with us so we can continue to ensure that we do not sell your Personal Information.

Changing The Purpose For Which We Use Your Personal Information

We will not collect additional categories of Personal Information or use the Personal Information that we have collected for materially different, unrelated, or incompatible purposes without providing you notice or requesting your consent at the point of collection.

We will only use your Personal Information for the purposes for which it has been provided to us, unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose. 

How we share AND DISCLOSE Personal Information

We may need to share your Personal Information with other organizations from time to time, but to the extent required by applicable law, rule, or governmental regulation, we will maintain responsibility for what they do with your Personal Information and how it is processed. We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Information for their own purposes and we only permit them to process your Personal Information for specified purposes and in accordance with our instructions. For example, we may share your information:

  • with affiliated entities, including subsidiaries and corporate affiliates that are in existence now or that may be established in the future, so long as their use is consistent with this Privacy Policy;
  • with service providers who process Personal Information for us, including those providing data analysis, online advertising, payment processing, order fulfillment, IT services, customer service, and other similar services to us or on our behalf;
  • with third party commercial partners who partner with us to deliver our services or on our commercial activities for use in accordance with the consents you have given and choices you have made, including for such third party commercial partners to contact you regarding products or services of interest;
  • with third party financial institutions, such as a bank, pursuant to the sale of your home loan originally closed with UpNest Home Loans;
  • to meet legal requirements and to comply with any court order, law, or legal process, including to respond to any government or regulatory request or valid discovery requests or subpoenas and to enforce and protect our operations, property interest, and rights, including to enforce this Privacy Policy, our Terms of Use, and other agreements between you and us and to pursue available remedies or limit the damages we may sustain in connection with such enforcement;
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of UpNest Home Loans, our employees, our customers, or others;
  • to provide information to our representatives and advisors, including our attorneys and accountants, to help us comply with legal, accounting, and security requirements;
  • in the event of a UpNest Home Loans Corporate Transaction, as described in more detail below; and,
  • as you otherwise consent to or request we share your Personal Information, such as to real estate agents, lenders, and closing agents in connection with your mortgage transaction.

We may also share your Personal Information for any other purpose as disclosed at the time of collection, or when we have otherwise obtained consent.

Please note that this Privacy Policy is not intended to limit our ability to share or disclose Anonymous Information or aggregated, pseudonymized, or deidentified information.

UpNest Home Loans Corporate Transactions

At any time, we may be involved in a sale, merger, consolidation, change in control, transfer of substantial assets, bankruptcy, reorganization, liquidation, or other corporate transaction. In such a case, your information may be one of the business assets we transfer. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your information as set forth in this Privacy Policy.

How We Protect Personal Information

We have put in place appropriate technological and organizational security measures to help prevent your Personal Information from being accidentally lost, used, altered, accessed, or disclosed in an unauthorized way. Any Personal Information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using secure socket layer (SSL) technology. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions and subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

The safety and security of your information also depends on you. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services, or any portion thereof, using your username, password, or other security information. You agree to notify use immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other Personal Information. You are entirely responsible for maintaining the confidentiality of the information you hold for your username, password, or other information related to your account. You may be held liable for losses incurred by us as a result of your failing to keep your login information secure and confidential.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information when it is received by us, we cannot guarantee the security of your Personal Information transmitted to our Services. Amy transmission of Personal Information is at your own risk. We are not responsible for any circumvention of any privacy settings or security measured related to the Services.

Links to third party WEBsites and social media

The Services may offer social sharing features and other integrated tools, such as the Facebook, Twitter and Instagram buttons (e.g., “Like” and “Tweet”), which let you share actions you take on the Services with other media. Your use of these features may enable the sharing of information outside of UpNest Home Loans and, potentially, with the public. If you click on a link to a third-party website or use a third-party service (including, without limitation, those listed above), you will leave the Services and go to the website or service you selected.

Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your Personal Information by such third parties except as required by applicable law, rule, or governmental regulation. IF YOU VISIT A THIRD-PARTY WEBSITE THAT IS LINKED TO ON THE SERVICES OR IN ANY OTHER UPNEST HOME LOANS COMMUNICATION, YOU SHOULD CONSULT THAT WEBSITE’S PRIVACY POLICY BEFORE PROVIDING ANY PERSONAL OR OTHER INFORMATION. We also encourage you to review the privacy policies of any other service provider from whom you request services (some of which we provide links to in this Privacy Policy).

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their privacy practices. Please be aware that the terms of our Privacy Policy do not apply to these outside websites. Some of our Partners’ privacy policies are linked in the “How we Collect Personal Information” section.

Children

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

The Services is not intended for and we do not knowingly request or gather Personal Information from users who are under the age of 18. If Personal Information is gathered from a child under the age of 18 and we learn that the Personal Information is the information of a child under the age of 18, we will make the effort to delete that information. If you, as a parent or guardian of the child, believe that we might have Personal Information from a child under the age of 18 or the applicable minimum age in your jurisdiction, please contact us at compliance@upnesthomeloans.com, and we will delete the Personal Information from our records within a reasonable period of time. Please note that you may have to reach out to our Partners separately to delete the Personal Information from their records.

California privacy rights

Under California’s “Shine the Light” law (Civil Code Section 1798.83), California residents have the right to request in writing from certain businesses with whom they have an established business relationship a list of all third parties with whom the business has shared certain Personal Information (if any) during the immediately preceding calendar year for the third parties’ direct marketing purposes. To request this information, please email compliance@upnesthomeloans.com and identify your request as “California Privacy Right Request” in the subject line.

Changes To Tthis Privacy Policy

This Privacy Policy may change from time to time so please check it periodically. Any significant changes will be posted on our Site, and we may also send notice of any such updates via email if you have provided your email address to us. Your continued use of this Site and/or our Services after we make changes is deemed to be your acceptance of those changes.

Contact Us

If you have any questions about this Privacy Policy, how we collect or process your Personal Information, or would like to submit a request to exercise your legal rights, please contact us using the details below.

UpNest Home Loans

856 Mitten Rd. Ste. 106

Burlingame, CA 94010

compliance@upnesthomeloans.com

or via 1-855-559-1080

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