Privacy Policy (last updated September 19, 2019)

Protecting your information is very important to us. LoanBoss, Inc. (“LoanBoss” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.loanboss.com (our “Website“) or use the LoanBoss platform (with the Website and LoanBoss platform collectively herein referred to as “LoanBoss”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using LoanBoss, you agree to this privacy policy.

This policy applies to information we collect:

  • Through LoanBoss;
  • In email, text, and other electronic messages between you and LoanBoss; and
  • Through mobile and desktop applications you download, which provide dedicated non-browser-based interaction between you and LoanBoss.

It does not apply to information collected by:

  • Offline communication with LoanBoss or through any other means outside of LoanBoss; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on LoanBoss.

Information we collect about you and how we collect it

We collect several types of information from and about users of LoanBoss, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, and telephone number (“Personal Data”); and/or
  • About your internet connection, the equipment you use to access LoanBoss, and usage details.
  • Platform Data, as defined below.

We collect this information:

  • Directly from you when you provide it to us by filling in forms on LoanBoss, by sending correspondence to us, or by completing transactions through LoanBoss.
  • Automatically as you navigate through LoanBoss. Information collected automatically may include usage details, traffic data, location data, logs, other communication data and the data regarding the resources that you access and use on LoanBoss, and information about your computer and internet connection, including your IP address, operating system and browser type.

Your opt-in will be required for any automatic data collection that isn’t purely for LoanBoss internal analytics or necessary for your use of LoanBoss. The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties.

Data processing and GDPR

LoanBoss’ core offering is the LoanBoss Debt Management Platform, which allows customers to upload and manage loans associated with commercial real estate portfolios. LoanBoss is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Data input into the LoanBoss Platform is known as “Platform Data.” Under GDPR, LoanBoss is a Data Processor of LoanBoss Platform Data. Users of the LoanBoss Platform are the Controllers of Platform Data and are responsible for all Controller obligations, such as choosing the appropriate legal basis for collecting and using such personal data.

How we use your information

We use information that we collect about you or that you provide to us, including any Personal Data and Platform Data:

  • To present LoanBoss and its contents to you;
  • To provide you with information, products, or services that you request from us;
  • To improve LoanBoss by storing information about your preferences, customizing elements of LoanBoss to your preferences, speeding up your searches, and recognizing you when you return to LoanBoss;
  • To fulfill any other purpose for which you provide it;
  • To provide you with notices about your account/subscription, including expiration and renewal notices;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • To fight spam, malware, identity theft or other fraudulent or distasteful activities;
  • To notify you about changes to LoanBoss or any products or services we offer or provide though it;
  • To allow you to participate in interactive features on LoanBoss;
  • In any other way we may describe when you provide the information;
  • For any other purpose with your consent.

LoanBoss will only use your Personal Data and Platform Data in ways that are compatible with the limited purpose for which it was collected, unless we receive your permission otherwise. Before we use your Personal Data or Platform Data for a purpose that is materially different than the purpose we collected it for, or that you later authorized, we will provide you with the opportunity to opt out of such usage. We maintain reasonable procedures to help ensure that Personal Data and/or Platform Data is reliable for its intended use, accurate, complete, and current.

We may periodically send you free newsletters and e-mails that promote LoanBoss. When you receive such promotional communications from LoanBoss, you will have the opportunity to “opt out”. We do need to send you certain communications regarding the services provided to you by LoanBoss and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms of Service or this Privacy Policy, or information about billing).

Disclosure of your information

We may, without restriction, disclose aggregated information about users of LoanBoss that does not identify any individual or entity.

We may disclose Personal Data or Platform Data that we collect, or that you provide, as described in this policy:

  • To our subsidiaries and affiliates;
  • To contractors, service providers, and other third parties we use to perform functions on our behalf and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. We take reasonable and appropriate steps to ensure that third-party agents and service providers process Personal Data and Platform Data in accordance with our obligations and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of Personal Data and Platform Data that we transfer to them;
  • To a buyer or other successor of LoanBoss in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of LoanBoss’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by LoanBoss about users of the LoanBoss is among the assets transferred;
  • To fulfill the purpose for which you provide it;
  • For any other purpose disclosed by us when you provide the information;
  • With your consent.

We may also disclose your Personal Data, Platform Data, and other details about your access to and/or usage of LoanBoss:

  • To comply with any court order, law, or legal process, including to respond to any valid government or regulatory request or private party subpoena;
  • To stop (or attempt to stop) any activity that we consider illegal, unethical or legally actionable;
  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes;
  • If we believe disclosure is necessary or appropriate to protect the rights (including but not limited to intellectual property rights), property, or safety of LoanBoss, its customers, or others.

Data controlling and GDPR

LoanBoss collects, stores and processes business contact data (used for direct marketing, demonstrations, and business development) and user usage data (used for internal analytics, user experience tracking, and marketing purposes.) Under GDPR, LoanBoss is a Data Controller with regards to business contact data and usage data. Business contact data is obtained by LoanBoss on the basis of your consent (where you affirmatively provide it to LoanBoss, for example when requesting a product demonstration) or for LoanBoss’ legitimate interest in responding to your queries, assisting you in your use of the LoanBoss, and otherwise communicating with LoanBoss users, customers, and potential customers. User usage data is obtained for LoanBoss’ legitimate interest of providing customer support, improving LoanBoss, and communicating with LoanBoss customers or potential customers. Individuals can opt out of the use of such business contact data at any time by making a request to privacy@LoanBoss.com. User usage data is a part of the LoanBoss platform. Therefore, when an individual would like to opt-out of collection of usage data, the individual will no longer be able to use the LoanBoss platform.

Accessing, correcting your information and exercising GDPR data rights

LoanBoss operations are based in the United States, which is the geographic location for all LoanBoss data processing.

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

You may also send us an email at privacy@LoanBoss.com to request access to, correct, or delete any personal information that you have provided to us, or request execution of the following rights:

  • Receive a copy of your personal data;
  • Correction of your personal data;
  • Deletion of all of your personal data;
  • Restricting or ending the use or processing your personal data for a particular purpose;
  • Obtaining a copy of your personal data in a machine-readable ‘open format’ (e.g., XML, JSON, CSV, text file format);
  • Opt out of automated decision making.

LoanBoss cannot delete all of your Personal Data or Platform Data except by also deleting your user account. We may not accommodate a request to change information or delete date if we believe the change would violate any law or legal requirement or cause the information to be incorrect. In the event that you do not opt to have your data deleted, LoanBoss may retain your Personal Data or Platform Data only for so long as we have a legitimate business purpose to use that data, but in no event longer than seven (7) years from your last interaction with LoanBoss.

Third-Party data controllers

We may only transfer Personal Data or Platform Data to unaffiliated third-party data controllers when you have opted-in to that transfer. These third-parties do not act as agents or service providers and are not performing functions on our behalf. We will enter into written contracts with any and all unaffiliated third-party data controllers requiring them to provide the same level of protection for Personal Data and Platform Data as we do. We will also limit their use of your Personal Data and Platform Data so that it is consistent with any consent you have provided and with the notices you have received. If we transfer your Personal Data or Platform Data to one of our affiliated entities, we will ensure that your Personal Data or Platform Data does not receive any less protection.

Your Personal Data or Platform Data may be transferred to, and maintained on, computers or servers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your Personal Data or Platform Data to us, we may transfer such data to the United States and process/use it there.

Privacy Shield

LoanBoss complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. (Your organization name) has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, LoanBoss commits to resolve complaints about our collection or use of your personal information. We further commit to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider. Under certain conditions as outlined in Annex I of the Binding Arbitration Mechanism in the Privacy Shield Framework

You may invoke binding arbitration for privacy-related complaints. If you live in the EU or Switzerland and are unsatisfied with the resolution of your complaint, you may contact the EU and Swiss data protection authorities at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for further information and assistance. The services of JAMS are provided at no cost to you.

Data security

We have implemented measures designed to secure your Personal Data or Platform Data from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

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 LoanBoss, you are responsible for keeping this password secure and confidential. We ask you not to share your password with anyone.

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

Questions or complaints

You can direct any questions or complaints about the use or disclosure of your Personal Data or Platform Data to us at privacy@LoanBoss.com. We will investigate resolve any complaints, disputes, or rights request regarding the use or disclosure of your Personal Data or Platform Data within thirty (30) days of receiving your inquiry.

Changes to our privacy policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you either by email to the email address specified in your account and/or through a notice on the Website, platform, or application home page. The date the privacy policy was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

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