Privacy Policy

Welcome to the website (the “Site”) of Southwest Capitol, LLC (“Company”, “SouthwestMoney”, “we”, “us” and/or “our”). Your privacy is important to us. This Site is operated by SouthwestMoney and has been created to provide information about our company and our real estate lending and investing services, mobile applications and related services (together with the Site, the “Services”) to our Service visitors (“you”, “your”, or "user"). This Privacy Policy applies to SouthwestMoney and its subsidiaries and affiliates (the “Related Companies”) and sets forth our policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from you to the Site and users of the Services. By using the Site or Services, you are accepting the terms of this Privacy Policy and are consenting to our collection, use, disclosure, and protection of your Personal Data as described below.

Information We Collect:

When you interact with us through the Services, we may collect Personal Data and other information from you.

Personal Data That You Provide Through the Services:

We collect Personal Data from you when you voluntarily provide such information to help you use our services, such as when you submit an online loan application, open a new account, contact us with inquiries, respond to one of our surveys, or otherwise register for access to the Services or use certain Services offered by us. Wherever we collect Personal Data we make an effort to provide a link to this Privacy Policy.

Examples of personal information include: Name, Address, Telephone Number, Email Address, Social Security Number, financial information, and other information that is disclosed as part of an account application or in the usage of our Services.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of SouthwestMoney and the authorized third parties referred to herein located in the United States. Additionally, information may be collected about you indirectly through monitoring or other means (for example, recording of telephone calls, monitoring emails and information collected through your use of the Site). By communicating with us, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning as allowable by law.

Non-Identifiable Data:

When you visit the Site or interact with us through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. We may store such information itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers.

How we use cookies:

In operating the Services, we may automatically collect data using "cookies" or other similar tools. A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Site. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features.

Aggregated Personal Data:

In an ongoing effort to better understand and serve the users of the Services, we often conduct research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Our Use of Your Personal Data and Other Information:

We use Personal Data to provide you with information or services you requested, to assist in your use and operation of our website including fulfilling requests for information, processing applications, and improving the Site.

Here are some ways we may also use your information:

  • Create and maintain your login information and personalize your experience on the site
  • Contact or respond to you regarding issues or to fulfill your requests
  • Inform you about important information including changes to terms, conditions, policies, and/or other administrative information
  • Provide you with customized marketing messages
  • Support our internal business operations
  • Evaluate and improve our business including performing data analytics
  • Improve content and functionality of the Services
  • Risk control, to comply with laws and regulations and other purposes as permitted by law

If we intend on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

We provide you with certain communication choices relating to certain types of communications and information sharing. Any marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

Our Disclosure of Your Personal Data and Other Information:

In order to provide efficient and reliable Services, we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers:

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies:

We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties:

We, like many businesses, sometimes hire other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ these service providers to perform a function of this nature or on our behalf, we limit their use of information to reasonably and necessarily perform their specific function.

Law enforcement, Auditors, Regulators:

We may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

Your Choices:

You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

Exclusions:

This Privacy Policy does not apply to any Personal Data collected by us other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to us through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Children and Minors:

We never intend to collect personal information from children under the age of 18. We request that these individuals do not provide Personal Information through the Site. If we learn or are notified that we have collected this information, we will promptly remove the data from our system.

Links to Other Web Sites:

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Security:

SouthwestMoney understands that information collected and shared with us by our borrowers, investors, and business partners contains sensitive data. As such, we take reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We employ industry recognized security safeguards designed to protect your information. We protect personal information you provide online in connection with registering yourself as a user of our website. Access to your own personal information is available through a unique User ID and password selected by you. Never share your password with anyone. Additionally, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to us via the Internet and do not submit sensitive or personal information via email.

Tracking Technology

We collect Personal Data about your online activities over time and across different Web sites when you use our Site or Services or affiliated websites. We also allow third parties to collect Personal Data about your online activities over time and across different Web sites when you use our Site or Services.

How We Respond to Do Not Track Signals

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to do not track or similar signals. We may also permit third parties to collect aggregate usage information on our website and they may also not respond to “do not track” signals.

Data Retention and Deletion

SouthwestMoney retains the Personal Data we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected: to provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, or as otherwise required to comply with contracts and applicable laws and regulations.

Keeping Information Up to Date:

Keeping your account information accurate and up to date is very important. If your account information is incomplete, inaccurate or not current, you may update the information by logging on your account and updating the information. Alternatively you can also do so by email.

California Privacy Rights

Residents of the state of California have the right to request certain information from us with respect to the types of personal information we share with third parties for their direct marketing purposes, as well as the identities of the third parties we have shared such information with during the immediately preceding calendar year. If you wish to receive such information or if you do not wish to have personal information about you shared with third parties for their direct marketing purposes, please email us to make the request.

Changes to This Privacy Policy:

We may make changes to this Privacy Policy from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated below. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

How to Contact Us

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services.

Please also feel free to contact us if you have any questions about our Privacy Policy or the information practices of the Services by emailing us.

Other Terms and Conditions:

Your access to and use of the Services is subject to the Terms of Service at www.SouthwestMoney.com

Exhibit A

Privacy Notice

Fact What does SouthwestMoney do with your personal information?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:
  • Full name, age, address, phone, and Social Security Number
  • Income, expense, and asset information
  • Account balances and payment history
  • Credit history and credit scores
How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons SouthwestMoney chooses to share; and whether you can limit this sharing.

 

Reasons we can share your personal information Does SouthwestMoney share? Can you limit this sharing?
For our everyday business purposes - such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No
For our marketing purposes - to offer our products and services to you Yes No
For joint marketing with other financial companies Yes Yes
For our affiliates’ everyday business purposes - information about your transactions and experiences Yes Yes
For our affiliates’ everyday business purposes - information about your creditworthiness Yes Yes
For our affiliates’ everyday business purposes - information about your creditworthiness Yes Yes
For our affiliates to market to you Yes Yes
For nonaffiliates to market to you Yes Yes
To limit our sharing Email us.
Please note: If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice or earlier if you consent or as permitted by law. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.
Questions? Email us.

 

What We Do  
How does SouthwestMoney protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does SouthwestMoney collect my personal information? We collect your personal information, for example, when you
  • Open an account
  • Provide account information or give us your contact information
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can't I limit all sharing? Federal law gives you the right to limit only
  • Sharing for affiliates’ everyday business purposes-information about your creditworthiness
  • Affiliates from using your information to market to you
  • Sharing for non-affiliates companies to market to you
State laws and individual companies may give you additional rights to limit sharing.
What happens when I limit sharing for an account I hold jointly with someone else? Your choices will apply to everyone on your account - unless you tell us otherwise. Joint accounts are offered only for investors, not borrowers.

 

Definitions  
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
  • Our affiliates Gentry Real Estate and their wholly owned subsidiaries.
Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.
  • Nonaffiliates we share with can include other financial services companies, investors, insurance companies, retailers, membership clubs, or other consumer service providers.
Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
  • Our joint marketing partners include other financial services companies, investors, insurance companies or other consumer service providers.

Last updated on May 19th, 2019

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