kellermortgage

California Consumer Privacy Act

Overview

Keller Mortgage, LLC which may also do business as Smarter Mortgages and/or Keller Mortgage (“Keller”, “we”, “us” or “our”) respects your privacy and it is important to us. This California Consumer Privacy Act Disclosure for California Residents explains how Keller collects, uses, and discloses personal information relating to California residents and applies solely to all visitors to our website and users of any loan forms, applications or services who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA or the applicable regulation have the same meaning when used in this notice.

This Privacy Notice is not intended to and does not create any contractual or other legal right in or on behalf of Keller with any party. Our general privacy policy is located HERE. This Privacy Notice is intended to supplement Keller’s general policy for California residents and to further clarify your rights and our obligations under the CCPA. Where our general privacy policy and this Privacy Notice differ or conflict, the terms set forth in this Privacy Notice govern.

Information We Collect About You

We collect the following personal 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”). In particular, Keller has collected the following categories of personal information from its consumers within the last twelve (12) months:

Category ExamplesCollected
A. IdentifiersA real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.YES
C. Protected classification characteristics under California or federal law.Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex, sexual orientation, veteran or military status, or genetic information.YES
D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.YES
E. Biometric information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.NO
F. Internet or other similar network activity.Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.NO
G. Geolocation data.Physical location or movements.NO
H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.NO
I. Professional or employment-related information.Current or past job history or performance evaluations.YES
J. Non-public education information (per the Family Educational Rights & Privacy Act) (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.NO
K. Inferences drawn from other personal information.Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.NO

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, such as:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Personal information covered by certain sector-specific 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.

Your use of this website or any Services or information derived from this website constitutes acceptance of these policies and any other applicable terms. The Terms of Service for this website are hereby incorporated by reference.

How do we collect your personal information?

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you or your agents through the information or details you/your agents provide to us, to our loan officers, or through our website.
  • Indirectly from you or your agents. For example, through information we collect from you or your agent in the course of providing services to you. Through other service providers that we connect with in order to conduct our business or provide services, government entities from which public records are obtained, or consumer data resellers.
  • Directly and indirectly from activity on our website (https://kellermortgage.com/). We collect your personal information, for example, when you apply for a loan or give us your contact information, employment history, income information, or employment information. We also collect your personal information from other entities, such as credit bureaus.
  • Additionally, your personal information is collected automatically from submissions through our website portal or website usage details.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided. For example, if you share your name and contact information to request a rate price quote or ask a question about our mortgage and our services, we will use that information to process your loan or your pre-approval and submit it to the applicable authorities. We may also save your information to facilitate refinancing your current loan with us, in the future.
  • To provide, support, personalize, and develop our s Website, products, and services.
  • To create, maintain, customize, and secure your account with us, as applicable.
  • To provide you with support and respond to your inquiries, including to investigate and address your concerns and monitor and improve our response.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To personalize your experience of our services and to deliver content and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our services, database and other technology assets, and business for testing, research, analysis, and product development, including to develop and improve our services.
  • For marketing and advertising purposes.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations (including any internal policy based on or reflecting legal or regulatory guidance, codes or opinions.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
  • As may be set forth in Keller’s Privacy Policy (link to privacy policy).

Keller discloses the personal information in the above categories for business or commercial purposes as set forth in the following section. We do not sell your personal information. However, we may use and disclose certain anonymized information, such as website and mobile application usage data, to our trusteed business partners. Such information may be shared as permitted or required by applicable law.

Keller will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you with notice.

Sharing Personal Information

In addition to the uses mentioned or described elsewhere in this Privacy Notice, Keller may disclose your personal information to a third party for a business purpose. Keller may catalog and add collected information to our database which may be shared with our affiliates.

Keller discloses your personal information for a business purpose to the following categories of third parties:

  • Service providers.
    • Application Vendors – provision of tools or applications which are used for Keller’s daily business purposes in order to provide you with services
    • Third Party Service Providers – website development and technology service partners who develop, maintain, and enable technology tools that are used for normal business operations.
  • Affiliated companies with permission.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
  • Government agencies for regulatory and reporting services.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category I: Professional or employment-related information.

In the preceding twelve (12) months, Keller has not sold any personal information subject to the CCPA, including personal information of minors under the age of 16. For purposes of this Privacy Notice, “sold” means the disclosure of personal information to a third-party for monetary or other valuable consideration.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Notice

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 twelve (12) months.

Right to Access to Specific Information and Data Portability

Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Right to Delete

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. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Comply with a legal obligation or regulatory authority requirements to retain the data.
  3. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  4. Debug products to identify and repair errors that impair existing intended functionality.
  5. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  6. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  7. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  8. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Clicking HERE to complete a request form.
  • Alternatively, you can contact a customer service representative by calling (888) 766-2678.

Only you or an authorized agent may make a verifiable consumer request related to your personal information. “Authorized Agent” means a natural person or business entity registered with the California Secretary of State that a consumer has authorize to act on their behalf subject to the requirements. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Keller 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.

Response Timing and Format

Keller aims to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to Opt Out of Sale Information

We do not sell your personal information. As such, there is no financial incentive for encouraging you to opt in for sale of such information.

Right to Equal Services

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

Keller Mortgage reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our website and update the notice’s effective date. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

Contact Information

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:

Phone: (888) 766-2678

Website: www.kellermortgage.com

Email: compliance@kellermortgage.com

Postal Address:

Keller Mortgage

4725 Lakehurst Drive

Dublin, Ohio 43016

CLICK HERE to access a downloadable and printable version of this document.

This Privacy Notice was last updated on January 13, 2020


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