Digital Privacy Policy

Introduction

Weststar Mortgage Corporation, a New Mexico corporation (“Weststar”, “we”, “our” or “us”), respects your privacy and is committed to protecting it through our compliance with this policy. Weststar is a provider of mortgage loan origination and mortgage loan servicing services s(the “Services”).

This digital privacy policy (this “Digital Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit www.westloan.com (the “Website”), our web and mobile application available at https://loansphereservicingdigital.bkiconnect.com/weststarmortgage/ (the “Application”), and any content, functionality, or Services offered on or through any of the foregoing (collectively, the “Digital Properties”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy describes:

How information about you is collected through the Digital Properties;
How we use and with whom we share this information;
How you can access and update this information; and
The choices you can make about how we collect, use, and share your information.

This policy applies to information we collect:

On or through the Digital Properties;
In email, text, and other electronic messages between you and the Digital Properties;
Through any additional mobile or desktop applications you download from the Digital Properties, which provide dedicated non-browser-based interaction between you and the Digital Properties; and
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

us offline or through any other means, including on any other website operated by a Weststar affiliate or any third party; 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 Digital Properties.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you must not use the Digital Properties. By accessing or using the Digital Properties, you agree to this Privacy Policy. This policy may change from time to time (see Changes to Our Privacy Policy below). Your continued use of the Digital Properties after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Consumer Privacy Notice

If you are a Weststar customer, please see our Consumer Privacy Notice, found at www.westloan.com/privacy (the “Consumer Privacy Notice”), which we provide to all our individual customers, for a comprehensive explanation of how we collect, use, and share personal information and your choices for limiting the use and sharing of your information as our customer. To the extent that any information set forth in this Privacy Policy is inconsistent with our Consumer Privacy Notice, the Consumer Privacy Notice is controlling, and this Privacy Policy shall be deemed superseded and amended in respect of any and all such inconsistencies.

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. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Digital Properties home page. The date the 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 the Digital Properties and this Privacy Policy to check for any changes.

Children Under the Age of 18

The Children Online Privacy Protection Act (“COPPA”) puts parents in control of their children’s personal information. The Federal Trade Commission, a United States’ consumer protection agency, enforces COPPA, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. Other state law may apply to the protecting the personal information of children, so please carefully review the section entitled State Privacy Rights below for more information on the laws of your state.

The Digital Properties are not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Digital Properties. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Digital Properties or on or through any of its features/register on the Digital Properties, make any purchases through the Digital Properties, use any of the interactive or public comment features of the Digital Properties or provide any information about yourself to us, including 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 a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at custserv@westloan.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Digital Properties and our Services. We also obtain information from third parties (including our service providers) in the course of providing our Services. Depending on the nature of the Services we provide, the information we collect may include the following:

Information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card information, password, social security number, financial information, account balances, payment histories, credit histories and scores, and any other identifiers by which you may be contacted online or offline (“personal information”);
Information related to the services we provide, including information relating to or necessary for the initiation, processing, or completion of certain financial transactions and mortgage loan products;
Information that is about you but individually does not identify you, such as geographic information; and/or
Information about your internet connection, the equipment you use to access the Digital Properties, and usage details, including internet protocol (IP) addresses, browser types, internet service providers (ISPs), the pages and content you view or interact with on our Digital Properties, the information you search for, and the dates and times you access our Digital Properties.

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 and advertising partners.

Information You Provide to Us. The information we collect on or through the Digital Properties may include:

Information that you provide by filling in forms on the Digital Properties. This includes information provided at the time of registering to use the Digital Properties, subscribing to our service, or requesting further services. We may also ask you for information when you report a problem with the Digital Properties.
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 the Digital Properties, including with respect to any payments you make through the Digital Properties.
Your search queries on the Digital Properties.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with the Digital Properties, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to the Digital Properties, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Digital Properties.
Information about your electronic device 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).

The information we collect automatically is statistical data and may include personal information, and 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 the Digital Properties and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize the Digital Properties according to your individual interests.
Speed up your searches.
Recognize you when you return to the Digital Properties.

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 the Digital Properties. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Digital Properties.
Flash Cookies. Certain features of the Digital Properties may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Digital Properties. 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 the Digital Properties 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 Weststar, 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 and Other Tracking Technologies.

Some content or applications, including advertisements, on the Digital Properties 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 the Digital Properties. 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 the section entitled Choices About How We Use and Disclose Your Information below.

How We Use Your Information

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

To present the Digital Properties and their contents to you;
To analyze usage trends and preferences with respect to the Digital Properties;
To monitor the effectiveness of our Digital Properties and, from time to time, to improve the functionality of the Digital Properties;
To personalize the Digital Properties and our services to you, such as remembering your information so that you will not be required to subsequently re-enter it into the Digital Properties, or to provide customized content and information;
To provide our Services;
To provide you with information, products, or other services that you request from us;
To provide you with customer support with respect to the Digital Properties or our Services;
To provide you with notices about your account, the Services, or any important deadlines related thereto;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection of payments;
To notify you about changes to the Digital Properties or any products or services we offer or provide though them;
To allow you to participate in interactive features on the Digital Properties;
To provide you with information or disclosures we are required by applicable law to provide;
To contact you with respect to any of the foregoing;
In any other way as we may describe from time to time when you provide the information; and
For any other purpose with your consent and in accordance with applicable law.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see the section entitled Choices About How We Use and Disclose Your Information below.

We may use the information 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.

Disclosure of Your Information

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

Subject to your rights described below in the section entitled Choices About How We Use and Disclose Your Information, we may disclose personal information that we collect, or that 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 to facilitate our provision of the Services. We limit the information we provide to our contractors and services providers to the information reasonably necessary to perform their functions, and we require that they keep personal information confidential and use it only for the purposes for which we disclose it to them. For example, we work with third party service providers for loan or transaction processing and administration, website hosting and similar information technology services, development and maintenance, advertising and marketing on our behalf, and for other services related to the Digital Properties and the Services.
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 Weststar assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Weststar about the Digital Properties users is among the assets transferred.
To third parties to market their products or services to you if you have consented to these disclosures. If we share personal information with a third party, we will 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 example, if you give us personal information to set up an appointment, we will transmit the information necessary to complete your appointment to the employee(s) providing services to you.
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 Use www.westloan.com/TermsOfUse or other agreements, including for billing and payment collection purposes;
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Weststar, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

We will never disclose your personal information:

To unaffiliated third parties for advertising or marketing purposes.
In violation of federal, state, or local laws, rules, or regulations.

If you are a Weststar customer, please see our Consumer Privacy Notice www.westloan.com/privacy, which we provide to all our individual customers, for a comprehensive explanation of how we collect, use, and share personal information and your choices for limiting the use and sharing of your information as our customer.

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. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Disclosure of Your Information for Affiliate Advertising. If you do not want us to share your personal information with our affiliated third parties for promotional purposes, you can opt-out by sending us an email stating your request to custserv@westloan.com.
Promotional Offers from Weststar. If you do not wish to have your email address/contact information used by Weststar to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form) or at any other time by logging into the Digital Properties and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to custserv@westloan.com.
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 sending us an email stating your request to custserv@westloan.com.

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.

If you are a Weststar customer, please see our Consumer Privacy Notice www.westloan.com/privacy, which we provide to all our individual customers, for a comprehensive explanation of how we collect, use, and share personal information and your choices for limiting the use and sharing of your information as our customer.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Digital Properties and visiting your account profile page.

You may also send us an email at custserv@westloan.com 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.

CAN SPAM ACT

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

Send information, respond to inquiries, and/or other requests or questions.
Process orders and to send information and updates pertaining to orders.
Send you additional information related to your product and/or service.
Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to do the following:

Not use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at custserv@westloan.com and we will promptly remove you from marketing correspondence.

State Privacy Rights:

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

California Residents California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please contact us to submit your request in writing to custserv@westloan.com.

If you are under 18 years of age, reside in California, and have a registered account with Digital Properties, you have the right to request removal of unwanted data that you publicly post on Digital Properties. To request removal of such data, please contact us using the contact information provided in the “Contact Us” section below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on Digital Properties, but please be aware that the data may not be completely or comprehensively removed from our systems.

Colorado, Connecticut, Virginia, and Utah Residents: Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

Confirm whether we process their personal information.
Access and delete certain personal information.
Data portability.
Opt-out of personal data processing for targeted advertising and sales.
Correct inaccuracies in their personal information, taking into account the information's nature processing purpose
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights please contact us using the contact information provided in the “Contact Us” section below.

Nevada Residents: We are providing you this notice pursuant to state law. You may be placed on our internal Do Not Call List by following the directions in the section entitled “To limit direct marketing” above. For more information regarding our telemarketing practices, call us at 1-800-640-0635 or email us at custserv@westloan.com. If you would like more information regarding Nevada law, contact: Bureau of Consumer Protection, Office of Nevada Attorney General, 1-888-434-9989, aginquiries@ag.nv.gov. Nevada also provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request by calling us at 1-800-640-0635 or email us at custserv@westloan.com.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted using SSL technology.

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 the Digital Properties, 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 Digital Properties like message boards. The information you share in public areas may be viewed by any user of the Digital Properties.

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 the Digital Properties. 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 Digital Properties.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, please contact us at custserv@westloan.com.