Privacy Policy

Last Updated: May 2024

Welcome to the website (the “Site”) of Kiavi Funding, Inc. and its subsidiaries and affiliates (collectively referred to as “Kiavi”, “Company”, “we”, “us” and “our”). This Site was created to provide information about our company and our real estate lending and investing services, mobile applications and related services and products (together with the Site, the “Services”) to our Service visitors (“you”, “your”, or “user”).

We invite you to read this Privacy Policy, which explains the types of Personal Information collected from you, how and why we use such information, who we share it with, and your legal rights. By using the Site or Services, you consent to the data practices set forth in this Privacy Policy.

Table of Contents:

• Information We Collect
• Our Use of Your Personal Information
• Our Disclosure of Your Personal Information
• Children and Minors
• Cookie Policy
• Tracking Policies
• Cellular Phone Policy
• Text Messaging Policy
• Security
• Your California Privacy Rights
• Other Terms and Conditions
• Changes to Company's Privacy Policy
• Contact Us

Information We Collect

When you interact with us through the Services, we may collect or use your Personal Information. Personal Information is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“Personal Information”). “Personal Information” does not include: (1) publicly available information, such as information that is lawfully made available from federal, state, or local records, and (2) de-identified or aggregate consumer information.

Personal Information That You Provide

We collect Personal Information from you when you voluntarily provide such information, such as when you submit a loan application, open an account, contact us with inquiries, respond to one of our surveys, register for website access to the Services or use certain Services. This Personal Information may include your name, address, date of birth, telephone number, unique identifier, email address, commercial information, financial information, and loan information.

If you provide Personal Information to the Services, you acknowledge and agree that such Personal Information may be transferred from your current location to the offices and servers of Company and the authorized third parties referred to herein located in the United States.

Personal Information Collected Automatically

We and our service providers automatically collect Personal Information when you visit the Site through cookies, web beacons, and other tracking technologies. Tracking technologies may collect information such as internet browser type, IP address, device ID, operating system version, location, and demographics, as well as the areas of the Site you visit, what content you interact with, and the time of your visit. We may combine certain automatically-collected information with other Personal Information we obtain about you, which may include data we obtain from third parties. We may collect Personal Information about your online activities over time and across different online services when you use the Site. Please see the Cookie Policy below to learn more about our use of cookies and other tracking technologies.

Our Use of Your Personal Information

Kiavi uses the Personal Information we collect to provide our Services and operate our Site.

Provide Services

We use your Personal Information to provide you with our Services, including to create and activate your account, facilitate and manage financing, process payments, monitor the Services, and service your accounts. We may use your Personal Information to respond to your inquiries, calculate rate estimates, and otherwise provide more information about our Services.

Operate our Site and Improve Services

We may develop new features and create new products or improve existing ones, including using Personal Information for internal purposes related to research. We may assess user interactions and concurrent transactions, including ad impressions to unique visitors and ad quality of ad impressions. We also may use Personal Information for debugging to identify and repair errors that impair existing intended functionality.

Advertising and Marketing

We may personalize your experience with us; recommend products and services to you by conducting contextual advertising. We may communicate with you about products or services you have purchased or used; provide you with promotional messages and personalized advertising; notify you of other products and promotions; notify you of services we think may be of interest to you, and provide other marketing purposes.

Legal and Security

We also use Personal Information to meet our legal obligations, work with law enforcement, and for public safety purposes. We may use Personal Information in order to comply with laws, regulations, court orders, or other legal obligations; to assist in an investigation; to protect and defend our rights and property, or the rights or safety of third parties; to enforce our terms, this Privacy Policy, or agreements with third parties; or for crime-prevention purposes. We may use Personal Information for security, such as to protect against unauthorized disclosure of Personal Information, as well as detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

Combination, Purpose Limitation, and Retention

We may combine your Personal Information with data we obtain from our Services, other users, service providers, or third parties. We reserve the right to convert, or permit others to convert, your Personal Information into de-identified, anonymized, or aggregated data, as permitted by law.

Our Disclosure of Your Personal Information

Kiavi may disclose your Personal Information with certain third parties to provide our Services and operate our Site, without further notice to you, as set forth below. Kiavi does not sell your Personal Information.

Related Companies

We may disclose your Personal Information to our affiliates and/or subsidiaries for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties

We may disclose your information to other companies to perform certain business-related functions, such as vendors, service providers, contractors or agents who perform functions on our behalf. Examples of such functions include but are not limited to mailing information, maintaining databases, processing payments, releasing property liens, and property inspections. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Business Transfers

In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets.

Legal Requirements

Kiavi may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

Children and Minors

Our services are not intended for, and we do not knowingly collect Personal Information from children under the age of 13.

Cookie Policy

In operating the Services, we, and our service providers, may use cookies and other tracking technologies to gather information about your use of our Site.

Types of Tracking Technologies

Functional, necessary, and performance technologies provide functionality to the Site and help us deliver the Services. For example, to help us route traffic between servers, retain user preferences, allow account log ins, and understand how the Site is performing.

Analytics and research technologies allow us to understand, improve, and research features and content on the Site, including how users navigate the Site and the content and products that users view most frequently.

Location technologies are used to locate you, including using your IP address, for purposes such as verifying your location, delivering or restricting content based on your location, and to provide you with location-relevant content.

Security technologies allow us to enable security features and detect activity that might violate our rules and Terms of Service, such as unauthorized access or activity.

Marketing and advertising technologies display advertisements based on your visits to our Site on third-party sites for Kiavi products and services in which you might be interested.

Third Parties

We may engage third parties to track and analyze data about our Site. We use such data to help us administer and improve the quality of our Site and to analyze usage data. These third parties may combine the information we provide about you with other information they have collected. This Privacy Policy does not cover such third parties use of the data. These third parties may include web analytics services to help us understand and analyze how you interact with the Sites and to serve ads on our behalf across the Internet. We use automated devices and applications to evaluate our Site's usage and assist us, when applicable, in determining where to improve our Site.

You may opt out of certain interest-based advertising using the settings on your browser or mobile device. In addition, the following services or organizations offer tools that you can use to limit or opt-out of certain tracking technologies:

• For more information on how Google Analytics uses the data it collects, visit google.com/policies/privacy/partners. To opt-out of Google Analytics, visit tools.google.com/dlpage/gaoptout. To adjust your Google advertising settings, visit adssettings.google.com.
• We use Yahoo to monitor our website, report web traffic, statistics, advertisement ‘click-throughs,’ and/or other activities. Yahoo may use cookies, web beacons, and/or other monitoring technologies to compile anonymous statistics about our website visitors. To opt out of Yahoo’s collection of such information outside of the Yahoo distribution network, visit https://legal.yahoo.com/us/en/yahoo/privacy/index.html.
• For more information about how Microsoft uses the data it collects, visit Microsoft https://privacy.microsoft.com/en-us/privacystatement.
• To change your privacy and advertising settings with Facebook, log in to your Facebook account and navigate to your account settings.
• To learn more about opting out of data collection by Adobe, go to www.adobe.com/privacy/opt-out.html.
• We may use tracking technologies to provide advertisements on the Services or on external-party online services. Certain external parties may participate in the Digital Advertising Alliance (“DAA”) You can learn more about the DAA AdChoices Program opt-out program for website browsers at http://www.youradchoices.com/ and mobile apps at http://www.aboutads.info/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI”). To learn more about opting out of such targeted advertising or to use the NAI tool, see http://www.networkadvertising.org/choices/ for its opt-out program for browser websites and https://www.networkadvertising.org/mobile-choice/ for its opt-out program for mobile apps. Please be aware that even if you are able to opt out of certain kinds of interest-based ads, you will continue to receive non-targeted ads.

We are not responsible for the effectiveness of, or compliance with, external parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

Limiting Tracking

If you prefer not to allow cookies, on most web browsers, you will find a “help” section on the toolbar where you can set up rules to manage cookies, such as how to receive notifications when receiving a new cookie or how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features. Limiting cookies may stop you from saving customized settings, including login information. We do not process or comply with any web browser’s “do not track” signal or another similar mechanism that indicates a request to disable online tracking of individual users who visit our Sites.

If you use a mobile device, you can use mobile device settings to limit mobile tracking technologies and associated activities. For instance, you can adjust or reset the advertising identifiers on your mobile device in the device settings. iOS users can visit Settings > Privacy > Advertising > Reset Advertising Identifier. Android users can visit Google settings > Ads > Reset advertising ID. However, depending on the settings, some aspects of the Sites may no longer function partially or fully.

Tracking Policies

We collect Personal Information about your online activities over time and across different websites when you use our Site or Services or affiliated websites.

Session Replay

We may use a third party for session replay analytics, which allows us to record and replay an individual’s interaction with the Kiavi website. This helps Kiavi understand our users’ experiences and troubleshoot issues.

App Permissions

Depending on your device or mobile application (“App”) permission settings, our Apps may automatically access and collect information from your device, including your contacts to read your contacts; stored information and files to read, modify, or delete the contents of your shared storage; calendar your access and modify the contents of your device’s calendar; location to access precise and approximate location; and other information to provide additional functionality, including to view Wi-Fi and network connections, receive data from the internet, and change audio settings.

If you do not consent to our collection of App permissions, then this may impact our ability to provide products, services, or features to you and the functionality of the App.

Cellular Phone Policy

This section outlines our practices regarding the collection, use, and disclosure of your personal information when you interact with Kiavi through communications via a mobile device.

Cellular Phone Contact Policy

By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number, about any product or services offered by Kiavi. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You understand that you need not provide this consent as a condition of obtaining goods or services from Kiavi, and that you may decline to provide or revoke your consent at any time by emailing compliance@kiavi.com or by any other method that reasonably ensures we receive your revocation.

Text Messaging Policy

By using our text messaging services, you are expressly consenting to receiving communications, including text messages, about any product or services offered by Kiavi. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You understand that you need not provide this consent as a condition of obtaining goods or services from Kiavi, and that you may decline to provide or revoke your consent at any time by texting “STOP”.

Information We Collect Through SMS

The information we collect on or through SMS may include name, email, phone number, address, date of birth, and any other information you provide during SMS interactions.

Our Use of Your Information We Collect Through SMS

We may use the information we collect during SMS interactions to provide you with information about your loan with Kiavi and other Kiavi Services, to verify your identity for security purposes, to respond to inquiries, and to provide customer support.

Our Disclosure of Your Information

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All of the information we collect through SMS excludes text messaging originator opt-in data and consent. The information provided over SMS messages will not be shared with any third parties.

Security

Kiavi takes reasonable steps to protect the Personal Information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Your California Privacy Rights

California law may provide California residents with additional privacy rights regarding our use of your personal information. To learn more or make a request, please see the Privacy Notice for California Residents.

Other Terms and Conditions

Your access to and use of the Services is subject to the Terms of Service at www.kiavi.com/legal/terms.

Changes to Company's Privacy Policy

Kiavi reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Information. This Privacy Policy was last updated on the date indicated at the top of the Privacy Policy. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Contact Us

To keep your Personal Information accurate, current, and complete, please feel free to contact us so we can update our databases. Please also feel free to contact us if you have any questions about Kiavi's Privacy Policy by emailing us at privacy@kiavi.com.