Privacy Policy, Online Policy, TCPA Disclosure & Consent for SMS/Texting

Effective date: October 25, 2018 Brady Webb and American Mortgage Solutions (“us”, “we”, or “our”) operates the website and the mobile application (hereinafter referred to as the “Service”). This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

  • Service Service means the website and the mobile application operated by American Mortgage Solutions
  • Personal Data Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
  • Usage Data Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Cookies Cookies are small files stored on your device (computer or mobile device).
  • Data Controller Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
  • Data Processors (or Service Providers) Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
  • Data Subject (or User) Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by contacting us.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customise our Service. You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.
  • Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

Use of Data

American Mortgage Solutions uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), American Mortgage Solutions legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. American Mortgage Solutions may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it is not overridden by your rights
  • To comply with the law

Retention of Data

American Mortgage Solutions will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. American Mortgage Solutions will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. American Mortgage Solutions will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If American Mortgage Solutions is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, American Mortgage Solutions may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

American Mortgage Solutions may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of American Mortgage Solutions
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. American Mortgage Solutions aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data. If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:

  • The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where American Mortgage Solutions relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Third Party Applications

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
  • Piwik or Matomo Piwik or Matomo is a web analytics service. You can visit their Privacy Policy page here: https://matomo.org/privacy-policy
  • Clicky Clicky is a web analytics service. Read the Privacy Policy for Clicky here: https://clicky.com/terms
  • Statcounter Statcounter is a web traffic analysis tool. You can read the Privacy Policy for Statcounter here: https://statcounter.com/about/legal/
  • Flurry Analytics Flurry Analytics service is provided by Yahoo! Inc. You can opt-out from Flurry Analytics service to prevent Flurry Analytics from using and sharing your information by visiting the Flurry’s Opt-out page: https://dev.flurry.com/secure/optOut.doFor more information on the privacy practices and policies of Yahoo!, please visit their Privacy Policy page: https://policies.yahoo.com/us/en/yahoo/privacy/policy/index.htm
  • Mixpanel Mixpanel is provided by Mixpanel IncYou can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/

Advertising

We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.

Behavioral Remarketing

American Mortgage Solutions uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Built on Salesforce®, the World’s #1 Customer Success Platform. Jungo provides financial industry experts with marketing, co-marketing, compliance, and CRM solutions from one login. It is a one-stop-shop solution, integrating with thousands of leading platforms to give clients the ability to track, interact with, and market to all of their contacts. With more than a decade of experience creating and integrating solutions for the financial services industry, Jungo is the preeminent expert in the field. Jungo’s ease, accessibility, and various capabilities helps businesses connect with customers and drives sales everyday. Global Terms and Conditions. For more information on the privacy practices of AppNexus, please visit the AppNexus Platform Privacy Policy web page: https://www.ijungo.com/privacy-policy/

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

TCPA CONSENT & PRIVACY

Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system, ringless voicemail system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted and consent to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes. To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers, to enhance service to you. You consent to this monitoring and recording. You agree that Brady Webb and/or American Mortgage Solutions (“us”, “we”, or “our”) may from time to time make calls and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that Brady Webb and/or American Mortgage Solutions (“us”, “we”, or “our”) may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. Consent may be revoked at any time and by any reasonable means.

CONSENT FOR SMS/TEXTING

If a mobile number is provided, we may text you, via one-to-one to cell phones, using group text application or through office lines or online phone systems using Ring central, SMS 360, SMS Magic, Mortgage Web Success, Jungo, Salesforce or any other type of automated SMS Text messaging platform either via one-one or as a mass SMS Text to multiple mobile numbers at one time information about your application or loan either as a lead or a loan in process before, during and/or after your mortgage loan the transaction is closed and/or funded.  You also agree to receive updates about Market updates and from time to time as well as follow up SMS/Text messages concerning but not limited to any type of Marketing information, industry updates, Mortgage review follow ups, Holiday Announcement, Note Card follow ups and requests to refer our services.  Brady Webb and/or American Mortgage Solutions (“us”, “we”, or “our”) does not charge to send or receive text messages as part of our application process. However, messages and data rates may apply. Please consult with your wireless carrier for applicable text messaging fees. Once your mobile device has been activated, you may reply STOP to opt-out of the service or call 502.327.9770. We will only send you updates on the status of your application. To request additional information, text HELP to the message you receive or contact us by telephone at 502.327.9770. Supported mobile service providers include: Alltel (part of Verizon), Appalacian Wireless, AT&T, Bluegrass Cellular, Boost Mobile, Cellcom, Cellular One from Dobson (part of AT&T), Cellular One of East Central Illinois, Cellular South, Centennial Wireless, Cincinnati Bell, Cox Wireless, Immix Wireless, Nextel (part of Sprint), nTelos Wireless, Revol Wireless, Sprint, T-Mobile, Unicel, US Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless We may modify or terminate our text messaging services from time to time, for any reason and without notice, including the right to terminate text messaging without notice, without liability to you, any other user or a third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you are timely notified of any changes. Additionally, you agree that we may send any SMS Statement Notifications through your communication service provider in order to deliver them to you. You agree to provide a valid mobile phone number for these services. You further agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fee) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. You obligation under this paragraph shall survive termination of the Agreement, SMS Statement Notification are provided for your convenience only.

ONLINE PRIVACY

At REAClasses.com, we take online privacy seriously. We are committed to protect personal information of our website and social media visitors. Our goal is to maintain your trust when handling your personal financial information. The REAClasses.com Privacy Options applies to your interaction with REAClasses.com or any of its subsidiaries (Brady Webb and/or American Mortgage Solutions (“us”, “we”, or “our”), at any online or mobile site or application that we own or control (“Site”). According to the U.S. Online & Mobile Privacy Practices Statement, REAClasses.com’s online and mobile privacy practices are applicable to REAClasses.com websites, REAClasses.com mobile sites, and REAClasses.com branded social media sites or pages, as well as interactions you may have while viewing content provided by REAClasses.com’s digital advertising campaigns.

GENERAL PRINCIPLES

  • REAClasses.com’s services are intended for U.S. customers.
  • Our services are not intended for people under 18. Therefore, we do not knowingly collect information from people under 18 without parental consent.
  • We share information we collect from or about you in accordance with our Consumer Privacy Notice, if you have a financial product or service with us.

AGREEMENTS TO PRIVACY OPTIONS

By using a Site or engaging with a REAClasses.com, Brady Webb and/or American Mortgage Solutions (“us”, “we”, or “our”) advertisement or page or account on a third party site, you consent to these Privacy Options, which includes your consent to our use and disclosure of information about you in the manner described in the Privacy Options.

PERSONAL INFORMATION COLLECTED ONLINE BY REAClasses.com

When you visit our Sites, we collect personal information about you, from the information you provide us. The information will vary depend on the REAClasses.com Site you visit, and may include, but is not limited to:

  • Name
  • Date of birth
  • Address
  • Phone numbers (including mobile)
  • Email address
  • Account number
  • Social Security number in whole or in part
  • Residential information
  • Employment information
  • Income information

In addition to the information described above, we may collect behavioral information, when you use our online services. When you connect to our online Sites, we may capture the IP address and device information, the type of operating system and browser you use, site you came from, your activity with our online services, and the site you visit next. We or our third-party partners may use cookies, web beacons or other technologies to collect and store information about your visit and use of our online services. When you visit our website or use our online services, we may collect personal information that you voluntarily provide us through forms on our website, or in our mobile applications. ChryslerCapital.com may also use cookies and other online tracking options like pixel tags and clear GIFs. Cookies are text files that are placed on your computer by the website’s server. Cookies enable websites to track browsing activity conducted on your computer. Clear GIFs, pixel tags or web beacons are typically one pixel, transparent images on a webpage or email or other message, used to help recognize users, determine traffic patterns, and measure Site engagement.

OUR SOCIAL MEDIA PAGES

REAClasses.com has official pages on social media websites such as Facebook®, Google+, Twitter®, Pinterest, LinkedIn, Instagram, and YouTube. When you interact with us on social media websites, we may collect behavioral information such as your likes, interests, feedback and preferences.

HOW INFORMATION IS USED

  • To enable you to apply for REAClasses.com services
  • To enable you to perform online transactions
  • To update you about your account
  • To service and manage your account
  • To offer special services and products using advertisements in the form of banner ads, splash ads or location-based promotions Verification purposes that will allow access to your accounts and prevent/detect fraud
  • For business purposes such as data analysis and optimizing Sites to improve your online experience
  • In order to comply with federal, state or local laws
  • To share with entities that are within the REAClasses.com family, and with trusted parties who are contractually obligated to keep such information confidential and only provide services that we have requested them to provide

DISCLOSURE OF INFORMATION

We may share information about you with our affiliates and other third parties:

  • Third-party service providers
  • When laws and regulations permit, with affiliated websites and businesses
  • Other companies bringing you co-branded services
  • Other third parties, to comply with legal requirements

ONLINE ADVERTISING

Depending on the information, we or our affiliates, service providers and other companies that we work with have about you, you will see advertisements when you are using our online services (including pre-screened offers of credit). Online behavioral advertising (OBA or “interested-based advertising”) is practiced by collecting information about how visitors interact with our Sites over time, in order to deliver advertisements that may interest visitors based on their browsing history.

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us

 

Warning – please read! WIRE FRAUD IS ON THE RISE.

Accepting wire and disbursement instructions by email is dangerous, especially changes to those instructions. Please note, will NEVER send money, wire, transfer or disbursement instructions as part of your loan application process. You should receive money, wire, transfer, or disbursement instructions from your Closing Agent and contact them directly for confirmation.

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