Terms, Privacy, & Disclosures
Privacy Notice for California Residents
Table of contents:
- Information We Collect, Use, and Disclose
- Categories of Personal Information We May Collect
- Categories of Sensitive Personal Information We May Collect
- Source of Collection of Personal Information
- Business Purposes for Collecting Personal Information
- Parties With Whom We May Disclose Personal Information
- Retention and Deletion of Personal Information
- Your Rights and Choices
- Right to Know Categories of Personal Information We May Collect
- Deletion Request Rights
- Right to Correct Inaccurate Personal Information
- Exercising Your Rights
- How we Verify Requests
- Financial Incentives
Information We Collect, Use, and Share
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("Personal Information"). “Personal Information” as used within this policy also includes “Sensitive Personal Information”, a term specifically used within the California regulation. Personal information does not include:
- Publicly available information from government records
- De-identified or aggregated consumer information
- Information excluded from the CCPA's scope, like:
- Personal information covered by other Federal or California privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994
Below describes the categories of Personal Information we collect, including during the preceding 12 months, the sources from which we collect Personal Information, the business purpose for collection, and the third parties with whom we disclose Personal Information. Additionally, we have included a summary of our data retention standards.
Categories of Personal Information We May Collect
- Identifiers, such as name, address, IP address, email, social security number, driver’s license number, passport number, and other similar identifiers)
- Characteristics of protected classifications under California or federal law, including age, marital status, and gender
- Commercial information, such as records of personal property
- Biometric information
- Internet or other electronic network activity information, such as your interaction with the Kiavi website
- Personal information described in Cal. Civ. Code § 1798.80(e), such as financial information
- Internet Activity, such as browsing and search history, and your interaction with the Kiavi website
- Geolocation data
- Audio, electronic, visual, thermal, olfactory, or similar information
- Inferences from other Personal Information we collect
We also collect Personal information that does not directly fit within one of the categories defined by the CCPA. For example, we may collect the contents of communications you send to us and citizenship information. Unless otherwise specified, the sources of this Personal Information, the purposes for which we use it, and the categories of persons to which we disclose it are the same as those listed for Commercial Information.
Categories of Sensitive Personal Information We May Collect
- Personal Information that reveals a consumer’s social security, driver’s license, state identification card, or passport number
- Legally Protected Characteristics, including race or ethnic origin
We do not use or disclose Sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA.
Source of Collection of Personal Information
We collect Personal Information directly from you when you fill out a Kiavi application or become a Kiavi customer. We may also collect Personal Information from third parties, your computer, browser, or mobile device, public records, and service providers.
Business Purposes for Collecting Personal Information
We collect your Personal Information for the following specific purposes: to set up and maintain your account, make credit decisions on your loan, provide and improve our services to you, prevent and detect fraud, improve in our services and products, for marketing, advertising, and promotional activities, and to adhere to state and federal regulations.
Parties With Whom We May Disclose Personal Information
Kiavi does not “sell” or “share” your Personal Information as defined by the CCPA. Kiavi may disclose your Personal Information to service providers and/or contractors related to the customer transaction, data analytics companies, due diligence providers, business partners, purchasers/investors of mortgage loans, law enforcement agencies as required by law, customer experience analytics providers, cloud services providers, and consumer reporting agencies.
In addition to the other purposes for collection, use, and disclosure of Personal Information described in this Notice, we may collect, use, and disclose Personal Information as required by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. Likewise, we may use and disclose Personal Information to third parties in connection with the sale, assignment, merger, reorganization, or other transfer of any of our brands or companies
Retention and Deletion of Personal Information
We retain your Personal Information for as long as is necessary for the purposes described in this Notice or otherwise authorized by law based on how long the following criteria apply:
- For the duration of time we provide goods and services to you, to manage our relationship with you, or for another purpose for which we collected the Personal Information or which is reasonably compatible with the original purpose for which the Personal information was collected;
- For as long as necessary to fulfill reasonable business needs, legal obligations, and compliance requirements; and
- To protect against fraud and other security vulnerabilities.
Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.
Your Rights and Choices
California residents can exercise the following specific rights under the CCPA regarding their Personal Information.
Right to Know
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months including the following:
- categories of Personal Information we collected about you;
- categories of sources for the Personal Information we collected about you;
- our business or commercial purpose for collecting or disclosing that Personal Information;
- categories of recipients with whom we disclose Personal Information;
- categories of Personal Information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of Personal Information; and
- specific pieces of Personal Information we have collected about you.
Deletion Request Rights
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions.
Right to Correct Inaccurate Personal Information
You have the right to request that we correct any inaccurate Personal Information that we have on you.
Exercising Your Rights
To exercise the rights described above, please submit a verifiable consumer request to us through one of the following methods:
- Emailing us: firstname.lastname@example.org li>
- Toll free telephone: 1 (844) 415-4663
Only you or an agent that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. Please note that if you submit a request through an authorized agent, you will still need to verify your identity directly with us before your request can be processed.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
How we Verify Requests
Password-Protected Accounts: If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account.
Non-Account Holders: If you do not hold a password-protected account with us or if you cannot log in, we may require you to validate two or up to three data points, depending on the nature of your request.
Kiavi may offer financial incentives permitted by the CCPA in exchange for Personal Information, or for the retention of Personal Information, that may result in different prices for our services in goods. Any permitted CCPA financial incentive Kiavi offers will reasonably relate to the value of the Personal Information exchanged. Participation in a financial incentive program is voluntary and requires opt-in consent, which may be revoked at any time, as described in applicable financial incentive terms.
We will not discriminate against you for exercising any of your California privacy rights.
If you have any questions or comments about this Notice, our Privacy Statement, the ways in which we collect and use your Personal Information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Updated: December 2022