California Consumer Privacy Act Policy

LAST UPDATED: JANUARY 1, 2020

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This CALIFORNIA CONSUMER PRIVACY ACT POLICY (“Policy”) is provided by AMERIHOME MORTGAGE COMPANY, LLC (or, “we,” “us,” or “our”) and supplements our other privacy disclosures contained in our U.S. Consumer Privacy Notice and U.S. Online Privacy Policy. This Policy applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this CALIFORNIA CONSUMER PRIVACY POLICY (“Policy”) to comply with the California Consumer Privacy Act of 2018 (“CCPA”) as amended. Any terms defined in the CCPA have the same meaning when used in this Policy.

PURPOSE

The purpose of this Policy is to comply with California law, and provide you, the California consumer, with a comprehensive description of our online and offline practices regarding collection, use, disclosure, and sale of personal information (as defined in the CCPA) and of your rights regarding your personal information.

COVERAGE

The rights and protections contained in the CCPA apply to consumers which are defined as natural persons who are California residents. The rights and protections under the CCPA do not apply to business entities or natural persons who reside outside California, for other than transitory purposes.

YOUR RIGHTS AND CHOICES

Subject to certain exceptions under the law, the CCPA grants you the following rights:

  1. The right to request the categories of personal information that we have collected about you
  2. The right to request the categories of sources from which your personal information is collected
  3. The right to request the business or commercial purpose for collecting or selling your personal information
  4. The right to request the categories of third parties with whom we share your personal information
  5. The right to request the specific pieces of personal information we have collected about you
  6. The right to request that we delete certain personal information that we have collected from you
  7. The right to request the categories of personal information that we disclosed about you for a business purpose
  8. The right to request the categories of personal information sold and the categories of third parties to whom your information was sold
  9. The right to opt out of the sale of your personal information, and
  10. The right not to be discriminated against as a result of your exercise of any of these consumer rights.

To access your rights, please send a Verified Request to consumerprivacyrequest@amerihome.com or call us toll-free at 844-600-1783, or submit your request to us online at the Contact Us form at https://www.amerihome.com/contact-us/ If you have a loan serviced with us, please submit your request through your password protected account. See page 5 for more about Verified Requests.

CATEGORIES OF PERSONAL INFORMATION WE COLLECT:

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (personal information). In particular, in the preceding 12 months, AmeriHome has collected the following categories of personal information about Consumers:
Categories of personal information we collect Examples that might fit this category under the CCPA
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. California Customer Records (per the 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.
C. Protected classification characteristics under California or federal law. Race, color, religion, sex/gender (including pregnancy, childbirth, breastfeeding, etc.) gender identity/expression, sexual orientation, marital status, medical condition (including history of cancer, genetic characteristics), military or veteran status, national origin(including language use or possession of special driver’s license), ancestry, disability (mental, physical, HIV/AIDs, cancer, genetic), genetic information, request for family care leave, request for medical leave, request for pregnancy disability leave, retaliation for reporting patient abuse, Age (over 40), familial status, receipt of public assistance, and exercising consumer rights.
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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, face prints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity.
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement.
G. Geolocation data. Physical location or movements.
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment -related information. Current or past job history or performance evaluations.
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.
K. Inferences drawn from other personal information. Derivation of information, data, assumptions, conclusions, from facts, evidence or another source of data drawn from any of the information identified above to create a profile about a Consumer reflecting the Consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

EXCEPTIONS TO THE CCPA

Personal information does not include:

  • Publicly available information that is lawfully made available from government records;
  • De-identified or aggregated consumer information.

In addition, some of the rights granted you in the CCPA do not apply to some of the information we have collected and disclosed noted in the categories listed above, if it is information or relates to activity:

  • Regarding certain medical information governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Involving the collection, maintenance, disclosure, sale, communication, or use of certain personal information bearing on your credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, by a furnisher of information, and by a user of a consumer report, to the extent such activity is subject to regulation under and authorized by the Fair Credit Reporting Act (FRCA);
  • Regarding certain personal information collected, processed, sold, or disclosed pursuant to the California Financial Information Privacy Act (FIPA), the Gramm-Leach-Bliley Act (GLBA) (see our separate US Consumer Privacy Notice) or the Driver’s Privacy Protection Act of 1994.

If you request your rights related to information that is not covered by the CCPA, we will so inform you in our response to your Verified Request.

CATEGORIES OF SOURCES FROM WHICH WE RECEIVE PERSONAL INFORMATION

We obtain the categories of personal information listed above about consumers from the following categories of sources:

  • Directly from you or your agent when you or your agent submit the information to us, for example, when you or your agent submits a loan application to us
  • Advertising Networks
  • Internet Service Providers
  • Data Analytics Providers
  • Government Entities
  • Operating Systems and Platforms
  • Social Networks
  • Consumer Reporting Agencies or Consumer Data Resellers
  • From other 3rd party service providers with which we contract.

OUR BUSINESS OR COMMERCIAL PURPOSES FOR COLLECTING, USING OR SELLING PERSONAL INFORMATION

We or our service providers use your personal information for our operational purposes, or other notified purposes, which uses we strive to ensure are reasonably necessary and proportionate to achieve our operational purposes for which we collect your information in the first place, or for which we process your information, or for another operational purpose that is compatible with the context in which we collect your personal information. For example, the following are business purposes for which we collect or sell your information:

  • Performing services on behalf of AmeriHome or a Service Provider, including maintaining or servicing accounts, providing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising, or marketing services, providing analytic services, or providing similar services on behalf of AmeriHome or a Service Provider;
  • Auditing related to a current interaction with a Consumer and concurrent transactions including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, auditing compliance with this specification and other standards;
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible;
  • Debugging to identify and repair errors that impair existing intended functionality;
  • Short-term or transient use, provided that the personal information is not disclosed to another third-party and is not used to build a profile about a Consumer or otherwise alter an individual Consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
  • Undertaking internal research for technological development and demonstration;
  • Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by AmeriHome, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by AmeriHome.

CATEGORIES OF THIRD PARTIES WITH WHOM WE SHARE PERSONAL INFORMATION

In order to fulfill our business and commercial purposes, including to fulfill the transaction, service your account, or market our products and services to you, we share personal information with the following third parties with whom we contract:

  • Advertising Networks
  • Internet Service Providers
  • Data Analytics Providers
  • Government Entities
  • Operating Systems and Platforms
  • Social Networks
  • Consumer Reporting Agencies or Consumer Data Resellers
  • From other 3rd party service providers with which we contract.

SUBMITTING A VERIFIED REQUEST

A Verified Request is a request submitted by a Consumer, or a person registered with the Secretary of State and authorized by the Consumer to act on the Consumer’s behalf (Authorized Agent), to exercise rights under the CCPA for which AmeriHome is able to verify that the identity of the Consumer making the request, or on whose behalf the request is made, is the Consumer about whom we have collected the personal information.

You may submit a Verified Request by emailing consumerprivacyrequest@amerihome.com, using our Contact Us webform or by calling this toll-free telephone number 1-844-600-1783. We will only consider a request to be a “Verified Request” if we can identify you by comparing personal information you provide with personal information contained in our records. If you have a loan serviced with us, please submit your request through your password protected account. If you do not have an account with us, we may require additional methods of verification, including a statement signed under penalty of perjury. We will not use any additional information you provide pursuant to a Verified Request for any purpose other than confirming your identify to fulfil the Verified Request.

You may only make a request for personal information from us twice in a 12-month period. We will respond within 45 days of receiving the request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary with notice to you of the extension within the first 45-day period. The disclosure required pursuant to a “Verified Request” shall only cover the 12-month period preceding our receipt of the “Verified Request” and shall be made in writing and delivered either through your account with AmeriHome, or by mail, or electronically at your option. We are not obligated to provide information to you or your Authorized Agent if we cannot verify your identity, or if we cannot verify that the person making a request on your behalf is authorized by you to do so.

CATEGORIES OF INFORMATION COLLECTED & DISCLOSED IN THE PRIOR 12 MONTHS

We collect the following categories of personal information about consumers and disclose this information to 3rd parties for our business purposes:

  • A. Identifiers.
  • B. California Customer Records (Cal. Civ. Code § 1798.80(e)).
  • C. Protected classification characteristics under California or federal law.
  • D. Commercial information.
  • E. Biometric information.
  • F. Internet or other similar network activity.
  • G. Geolocation data.
  • H. Sensory data.
  • I. Professional or employment -related information.
  • J. Non-public education information (per the Family Educational Rights and Privacy Act).
  • K. Inferences drawn from other personal information.

SALES OF PERSONAL INFORMATION

AmeriHome does not sell consumer information nor have we sold your personal information in the preceding 12 months outside of the permitted sales made pursuant to the exemptions of the Gramm-Leach-Bliley Act or the Fair Credit Reporting Act.

Personal Information about Minors

We do not knowingly collect or disclose the personal information of minors under the age of 16 years of age without affirmative authorization. Our amerihome.com websites are intended only for those persons with legal capacity to contract for a loan. We do not knowingly collect personally identifiable data from persons under the age of 16, and we strive to comply with the provisions of COPPA (The Children’s Online Privacy Protection Act). If you are a parent or legal guardian and think your child under 16 has provided us with information, please contact us at legal@amerihome.com. You can also write to us at the address listed at the end of this website Policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy on-line here to view the FTC’s guide to protecting your child’s privacy online.

RIGHT TO ACCESS AND REQUEST DELETION OF YOUR PERSONAL INFORMATION

The CCPA provides Consumers the right to request, pursuant to a “Verified Request” that AmeriHome provide access to and/or delete any personal information about the Consumer which AmeriHome collected from the Consumer, subject to certain exceptions.

This right to request deletion is not absolute and is subject to several restrictions and exemptions. AmeriHome reserves all rights granted pursuant to the CCPA’s exemptions and restrictions relating to the deletion of personal information.

In the event that we receive a “Verified Request” to delete information that is not covered by a restriction or exemption, we will notify you within 45 days and delete your personal information from our records, and direct any Service Providers to delete your personal information from its records. In the event that we receive a “Verified Request” to delete information that is covered by a restriction or exemption, we will deny your request and within 45 days provide you a response indicating why it is denied.

WHERE RIGHT TO DELETE DOES NOT APPLY

We may deny your deletion request if we cannot verify your identity, we cannot verify the authorization of your agent, if the information was not collected from you or is otherwise not subject to the rights granted by the CCPA (see EXEMPTIONS TO THE CCPA above), or, if retaining the information is necessary for us or our Service Providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. 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.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

YOUR RIGHT NOT TO BE DISCRIMINATED AGAINST

The CCPA prohibits AmeriHome from discriminating against a Consumer because the Consumer exercised any of the Consumer’s rights under the CCPA including, but not limited to:

  • A. Denying goods or services to the Consumer;
  • B. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  • C. Providing different level or quality of goods or services to the Consumer;
  • D. Suggesting that the Consumer will receive a different price or rate for goods or services or different level of goods or services.

However, AmeriHome shall be permitted to charge you a different price or rate, or provide a different level or quality of good or service to you, if that difference is reasonably related to the value provided to us by your data, should you elect to participate in any financial incentive program as we may offer from time to time, and only after we clearly describe the material terms of the financial incentive program. We will not use financial incentive programs that are unjust, unreasonable, coercive, or usurious.

CHANGES TO OUR CALIFORNIA CONSUMER PRIVACY POLICY

We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will notify you by email or through a notice on our website homepage.

Effective Date: January 1, 2020

CONTACT US

If you have any questions, comments, or concerns regarding our California Consumer Privacy Policy and/or practices, please send an email to legal@amerihome.com, or use the Contact Us web form.

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