California Consumer Privacy Act Notice

This California Consumer Privacy Act Notice ("Notice") is provided by LendWisely, Inc. ("LendWisely," "we," "us," or "our") to explain how we collect, use, retain, and disclose personal information about California residents ("residents," "consumers," or "you") covered by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the "CCPA"). Below describes what information we collect that is subject to the CCPA, your rights under the CCPA, and how you can exercise those rights. Any terms defined in the CCPA have the same meaning when used in this Notice.

LendWisely operates Lendify, a platform that helps individuals and businesses manage, evaluate, and process lending activity. We do not sell any personal information we collect.

What Is Personal Information

The CCPA defines "Personal Information" as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal Information does not include: (1) publicly available information that is lawfully made available to the general public from federal, state, or local government records; or (2) Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), or the California Financial Information Privacy Act (FIPA).

Categories of Personal Information That We May Collect

We receive and collect Personal Information to originate, underwrite, and service lending activity on the Service, and for our human resource requirements. During the past 12 months, we collected the following categories of Personal Information:

Identifiers — real name, alias, postal address, online identifier, Internet Protocol address, email address, account name, and federal or state issued identification numbers, including Social Security Number, driver's license number, and passport number.
Personal Information — a name, signature, Social Security Number, physical characteristics or description, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, or any other financial information, medical information, or health insurance information, and contact details (e.g., telephone number, postal address, and email address). Some Personal Information included in this category may overlap with other categories.
Characteristics of protected classifications under California or federal law — such as race, religion, national origin, age (40 years or older), gender, sexual orientation (including gender identity and gender expression), physical or mental disability, citizenship, primary language, immigration status, military status, and marital status.
Internet or online information — information regarding your interaction with our website or the Service.
Audio information — legally required call recordings.
Education information — education history for job applicants.
Professional or employment information — work history and prior employer, information from background checks, resumes, and personnel files.
Sensitive Personal Information — Personal Information that reveals a California resident's:
- Social Security number, driver's license information, state identification card, or passport number;
- Racial or ethnic origin, religious or philosophical beliefs, citizenship, or immigration status; and
- Mail, email, and text messages, unless we are the intended recipient of the communication.

We do not use or disclose the above Sensitive Personal Information for purposes other than those business purposes specifically enumerated under the CCPA. As a result, we do not offer a right to limit our use or disclosure of these categories of sensitive personal information.

We do not collect commercial information, biometric information, geolocation data, sensory data, nonpublic education information, or inferences from other personal information.

Sources From Whom We Collect Personal Information

You — we obtain your Personal Information when you, or other individuals acting on your behalf, provide it to us by email, telephone, the Service, or any other means.
Public records — we may acquire your Personal Information made available by federal, state, and local government entities or other widely available sources.
Service providers — we may collect your Personal Information from service providers that support our ability to offer the Service, including identity-verification, tax-related, and title services.
Website or app — we collect or obtain Personal Information when you visit our website or use any features or resources available on or through the Service. Your device and browser may automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, and dates and times of connecting to the Service).
Human resources — we collect Personal Information from outside companies or organizations to support human resource and workforce management activities, for example, background checks.
Lending and financial partners — we collect or receive Personal Information when we facilitate lending activity for other businesses, such as lenders, investors, and financial partners.
Prior servicers — we collect Personal Information from prior loan servicers when servicing is transferred to us.

How We Use and Disclose Personal Information

We may use and disclose the Personal Information we receive or collect for one or more of the following business purposes:

To fulfill or meet the reason you provided the information through use of the Service;
To provide you with information or services that you request from us;
To carry out our obligations and enforce our rights arising from any contracts entered into between us and lenders, borrowers, or financial partners;
To perform services for our business needs such as establishing, maintaining, and servicing accounts, providing customer support, sending required notices, verifying customer information, and processing payments;
To enhance your experience on our website through testing, research, analysis, and website development;
As necessary or appropriate to protect the rights, property, or safety of you and our employees, our clients, or others;
To respond to state and federal audits;
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
To detect, prevent, and investigate security incidents involving your information;
To investigate or curtail malicious, fraudulent, or illegal actions directed at us and to prosecute those responsible;
To carry out our legal and business purposes, such as complying with federal, state, and local laws or responding to lawsuits or investigations; and
To any third party with your consent or at your direction.

Categories of Third Parties to Whom We Disclose Your Personal Information

We do not use or disclose the Personal Information or Sensitive Personal Information for purposes other than those business purposes specifically enumerated under the CCPA. As a result, we do not offer a right to limit our use or disclosure of these categories of Personal Information. When we disclose Personal Information for a business purpose, we generally enter into a contract with a service provider that describes the purpose and requires the recipient to both keep your Personal Information confidential and not use it for any purpose except performing the contract.

The categories of third parties to whom we disclose your Personal Information are:

Operational service providers such as financial accounting, internet service, cloud storage, web hosting, or email distribution providers;
Government entities, pursuant to legal process;
Security and cybersecurity service providers;
The lender, investor, and/or financial partner for your loan; and
Servicing vendors, such as printing and mailing, property inspections, property preservation, valuations, and title services.

Selling or Sharing Your Personal Information

We have not sold or shared any Personal Information, including Sensitive Personal Information, in the past 12 months. For purposes of this Notice, "sold" means the disclosure of Personal Information to a third party for monetary or other valuable consideration. "Shared" means communicating a consumer's Personal Information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

Further, we do not and will not sell or share any Personal Information, including Sensitive Personal Information.

Your Rights Under the CCPA

The CCPA provides you with certain rights regarding the collection, use, retention, correction, and disclosure of your Personal Information.

Your Right to Know About Personal Information Collected, Used, or Disclosed

You have the right to request that we provide you with certain information about the Personal Information we collect, use, or disclose about you, as well as the categories and specific pieces of information that we have collected about you in the 12 months before you submit a verifiable request. Specifically, you have the right to request:

The categories of Personal Information we have collected about you in the preceding 12 months;
The categories of sources from which we have collected Personal Information about you;
Our business or commercial purpose for collecting your Personal Information;
The categories of third parties with which we share your Personal Information;
The categories of Personal Information that we disclosed about you for a business purpose in the preceding 12 months, and for each category, the categories of third parties to whom we disclosed it; and
The specific pieces of Personal Information we have about you.

You can obtain this information through a verifiable consumer request, described below in "Submitting a Verifiable Consumer Request."

Your Right to Correct Inaccurate Information

You have the right to request that we correct any inaccurate Personal Information we maintain about you. We may request documentation from you to determine the accuracy of the information, which will only be used to correct your Personal Information and comply with our recordkeeping requirements. We may deny your request if we have previously denied the same request within the past six (6) months, unless you provide new or additional documentation. Once we confirm your verifiable consumer request, we will use commercially reasonable efforts to correct the identified inaccurate Personal Information and direct any service providers we work with to do the same.

Your Right to Request Deletion of Personal Information

You have the right to request that we delete Personal Information that we have collected from and maintained about you. Once we confirm your verifiable consumer request, if we determine that we must comply, we will delete your Personal Information from our records and direct any service providers we work with to do the same. We may deny your deletion request for a number of reasons identified in the CCPA.

Submitting a Verifiable Consumer Request

You can submit a request to know, correct, or delete Personal Information by emailing us at privacy@trylendify.com. Please provide your full name, account details, and the type of request you are making. Your request will be verified by matching the information you provide to information that we have collected. If you submit a request that is deficient in some manner unrelated to verification, we will provide you with information on how to remedy the deficiency.

Our Response to Your Request

Once we receive your verifiable consumer request, we will confirm receipt within ten (10) business days and provide additional information about how we will process it. Our goal is to respond within forty-five (45) calendar days of receiving the request; if we need more time (up to ninety (90) calendar days total), we will notify you and explain why. Any disclosures we provide will cover the 12-month period preceding the request's receipt. If we are unable to comply with a request, we will explain why and identify any rights you may have to appeal the decision.

We will not charge you to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded, in which case we will tell you why and provide a cost estimate before completing your request. We will not discriminate against you for exercising any of your CCPA rights.

Changes to This Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes, we will post the updated notice on this page and update the "Last updated" date above. Your continued use of the Service following the posting of changes constitutes your acceptance of such changes.

Contact Us

If you have questions or requests regarding this Notice or our data practices, please contact us at:

LendWisely, Inc.
Attn: Privacy Team
Email: privacy@trylendify.com