This Policy is developed in compliance with the Gramm-Leach-Bliley Act and various other Federal and State laws relating to Consumer Privacy Protection. Federal Law gives consumers the right to limit some, but not all, information sharing. To comply with Federal and State laws, this Policy will outline the following information regarding privacy:
- How HCMG Collects Personal Information
- The Types of Information HCMG Collects
- How HCMG Collects Your Information
- To What Extent HCMG Shares Your Information
- The Steps HCMG Takes to Protect Your Information
HCMG utilizes various terms in this Policy. To fully understand, please take a moment to review the following key terms:
- “We”, “Our”, and “Us”, when used in this Policy, means HCMG.
- “You” and “Your”, when used in this Policy, means our consumers.
- “Customer”, “Consumer”, or “Client” will be used interchangeably and refers to an individual who may or may not establish a customer relationship with HCMG but has a direct interest in obtaining a mortgage loan with HCMG and uses HCMG’s services. This can be potential, current, or former consumers.
- “Continuing Customer Relationship” means a consumer who obtains a mortgage loan through HCMG.
“Affiliate” means any person or entity that is controlled by or is under common control of HCMG.
- “Non-Affiliated Third Party” means any person or entity that is not related by common ownership or control but is affiliated with HCMG through their provided services and receives, maintains, processes, or otherwise is permitted access to consumers’ information through its agreed provision with HCMG (e.g., direct marketing companies, insurance companies, collection agencies, Appraisal & Management Company…).
- “Agent” means a person carrying out responsibilities or services upon your request, and on your behalf.
- “Nonpublic Personal Information” or “NPI” means any personally identifiable financial information that you provide to us to obtain a financial product or service. This type of information does not include information that is available from a public source, such as a telephone book or government records.
- “Industry Professionals” means an agent with knowledge in the financial industry, who are most commonly known as brokers when acting on behalf of the consumer.
- “Industry Professional Portal” means a specified website and database owned by HCMG for its employees and non-affiliated industry professionals acting on your behalf to apply for one of HCMG’s products or services.
- “Opt-Out” indicates a choice you can make to prevent certain sharing of information. We will explain how you can exercise this choice for different type of platform.
- “Collect”, “Use”, or “Share” refer to the act that HCMG collects and uses your personal information, this excludes selling or renting consumers’ information.
How & When HCMG Collects Your Information
We collect information from you when: (1) you fill out the necessary forms to process a transaction with us, (2) you register on our Consumer Site for an application, (3) you reach out to us via the “Contact Us” section of our website (http://www.HCMG.net/corporate-contact/), (4) an agent submits your information to us using one of HCMG’s secure, encrypted web portals; and (5) we obtain your information securely via entities like credit reporting bureaus or the IRS.
Types of Information Collected By HCMG
When contacting us on our site, as appropriate, you may be asked to enter your name, mailing address, e-mail address and/or telephone number. Depending on the product(s)/service(s) being provided by us directly to you or through any agent(s) acting on your behalf, HCMG may request the following information from you or non-affiliated third-party to help provide that product or service:
Information we receive from you on applications or other forms;
Social Security number and Income
Credit History and Payment History
Credit Scores and Assets
Information from a consumer reporting agency.
We restrict access to consumers’ NPI to those employees who need to know that information to provide services or products to consumers. We continue to use, store, and share the information obtained in accordance with this Policy as required by various Federal and State laws even after your transaction is complete.
Use of Information Obtained by HCMG
HCMG stresses the importance of consumer privacy. However, all financial companies need to share consumers’ personal information to run effectively. Nothing in this policy prohibits the sharing of information necessary for us to follow the law, as permitted by law, or to give you the best service on your accounts with us. To the extent that HCMG is authorized to have access to your personal information, HCMG may use the information in the following ways and for the following reasons:
Personalize Your Experience
HCMG may utilize your contact information to reach you regarding questions or concerns pertaining to your experience with HCMG, which may or may not include the use of surveys.
Everyday Business Purposes (Processing Transactions)
We may use the information to process your transactions, maintain your accounts, comply with legal requirements, respond to court orders and legal investigations, or report to credit bureaus. Although HCMG would like to limit the sharing of your information when possible, we will have to share such information in the normal course of business, which includes but is not limited to: (a) future investors, (b) reporting agencies, (c) third-party servicing agents, (d) non-affiliated compliance firms, (e) non-affiliated legal firms, and (f) non-affiliated third party companies.ii
Within the limitations of Federal and State advertising laws, HCMG may utilize marketing services for its own purposes. Moreover, the email address you provide for order processing, may be used to send you important disclosures and other information and updates pertaining to your transaction, in addition to receiving the occasional Company’s news, updates, related product or service information, etc.i
Reasons We Can Share Your Personal Information and What You Can Limit
For informative purposes, as required by Federal Law, you have the right to limit: (a) the sharing of any information to non-affiliated third parties for their own purposes to market to you; (b) the sharing of information pertaining to your creditworthiness to affiliates for their own everyday business purposes; or (c) affiliates and non-affiliates from using your information to market to you.ii
Be aware that you cannot limit the sharing of information pertaining to your transactions and experience with HCMG to affiliates for their own everyday business purposes. Currently, HCMG does not have any affiliated business arrangements and, as such, does not share your information with any affiliated parties.ii
Visitors to HCMG’s Website and Communication from HCMG
Visitors to our corporate’s websites remain anonymous, unless they register for a service or otherwise elect to disclose their identity to us. Although we do not collect personally identifying information about persons who simply visit our site, we do collect certain limited information about visitors, such as their IP addresses (a numeric address assigned automatically to computers when they access the Internet).
When you submit your information and/or create a profile on our site to process a mortgage loan, notifications and updates will be generated throughout the loan processes; in addition, any emails and communications between you and our Mortgage Loan Originators will also be archived for compliance reasons.
HCMG’s Use of “Cookies”
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. We offer the use of a secure server. All sensitive/credit information submitted to our web sites is transmitted via Secure Socket Layer (SSL) technology only to be accessed by those authorized with special access rights to our systems, and who are required to keep the information confidential. Moreover, HCMG is Payment Card Industry (PCI) Compliant in processing all credit card payment transactions.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be kept on file for up to 7 years depending upon Federal and State laws that impose a duty on financial institutions, like us, to store particular information for specified periods. HCMG takes measures to protect your private information with respect to current, former employees, and any applicable non-affiliated third parties by implementing policies that provide for the management and oversight of protecting personal information. HCMG does not allow former employees to have access to your personal information. Current employees’ access to HCMG’s information system is limited, when possible, to what is necessary to complete their day-to-day responsibilities.
What can you do to protect your information
A well-chosen password is the first step in ensuring the security of your computer, accounts and personal information. We recommend that you perform a periodic review of your accounts and update your passwords to protect your files and personal information. The best type of passwords involves a combination of upper- and lower-case letters, as well as special characters and numbers.
Taking safety precautions is one of the most important things you can do to protect your confidential information of being compromised and further protect against identity theft. HCMG does not have any control over associated links, websites, or apps that impersonate the company’s identity and is not responsible for their security, privacy policies and/or practices. When linking to another website or app, you should exercise caution and know who you are disclosing information to. Please report any impostor profiles, websites, or impersonations immediately to ComplianceCheck@HCMG.net so we could take timely actions to prevent prolonging damage. Please contact the Federal Trade Commission and the credit reporting agencies directly if you suspect that you’ve been a victim of identity theft.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Consumers’ testimonials are collected through various survey pages such as Facebook, Yelp, Zillow, and Social Survey; with your consent, HCMG may publish your testimonials along with your name and experience with HCMG on our corporate’s websites for marketing and branding purposes. If you would like to update or delete your testimonials, please contact us at Marketing@HCMG.net.
Federal and State Privacy Laws and Regulations Compliance
HCMG is committed to adhere and comply to all Federal and State law requirements regarding consumers’ privacy information protection. Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act (“CalOPPA”). We therefore will not distribute your personal information to outside parties without your consent. California consumers may opt-out of any such disclosures at any time by either:
Calling this toll free number: (888) 441-3930; or
Contacting HCMG through the following website: www.harriscapitalmortgage.com
HCMG is also in compliance with the requirements of Children’s Online Privacy Protection Act Compliance (“COPPA”), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older
According to the California Consumer Privacy Act of 2018, beginning January 1, 2020, California consumers will have the right to request categories and/or specific pieces of personal information that HCMG collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of third parties with which the information is shared. Consumers who are under the age of 16 also must affirmatively opt-in in order to allow their personal information to be shared.
If HCMG does not hear from you or you have not chosen to opt-out of information sharing, we may share some of your information with affiliated third parties and other companies with whom we have contracts to provide products and services (i.e. non-affiliated third parties or service providers).ii
Harris Capital Mortgage Group, Inc.
Attn: Compliance Department
10845 Griffith Peak Drive 2nd floor
Las Vegas, NV 89135
HARRIS CAPITAL MORTGAGE GROUP, INC.
HARRIS CAPITAL MORTGAGE GROUP’S COMMITMENT TO YOUR PRIVACY
Harris Capital Mortgage Group, Inc. (“HCMG”) is committed to protecting the privacy of your data. HCMG believes your data belongs to you and should not be shared unless sharing your data is required to process your loan request or is required by some federal, state law or other law. For more information about what HCMG does with your data, see below in the section WHAT WE DO WITH YOUR INFORMATION. Further, HCMG believes you should have transparency into the following:
What your California rights are;
What data HCMG collects on you; and
What HCMG does with your data or the purpose for which HCMG collects your data.
YOUR CALIFORNIA PRIVACY RIGHTS
HCMG must comply with the California Consumer Privacy Act (“CCPA”) which went into effect January 1, 2020. The CCPA gives California consumers certain rights. Those rights are:
- The right to know what data companies operating in California collect on you;
- The right for you to access your data;
- The right for you to have data portability of your data;
- The right to delete your data;
- The right to opt-out of the transfer or sale of your data; and
- The right to equal service, to not be discriminated against if you assert any
of the other privacy rights noted above.
Important Note: While California gives certain guarantees to its residents, virtually all the data we obtain on you, either directly or indirectly, is governed by the federal Gramm-Leach-Bliley Act (“GLBA”). When we take a complete application, we provide the federally required disclosure to the applicant.
WHAT GENERAL CATEGORIES OF YOUR PERSONAL INFORMATION HCMG COLLECTS
HCMG may collect information about:
The type of mortgage and terms of the loan you applied for such as rate, the term, whether the loan is fixed or adjustable, etc.;
The property securing the loan and the purpose of the loan, such as purchase or refinance, and the type of dwelling such as detached residence, condo, PUD or manufactured home;
You, the consumer, such as your name, current address, cell and landline phone numbers, Social Security Number, immigration status, birthday, etc.;
Your current and prior employment such as names, addresses, contacts, time worked or recent educational milestones such degrees, transcripts, certificates, etc.;
Your current monthly income and housing expenses such as information about your current property tax or insurance, or if you rent, your current rental amount and landlord;
Your assets such as your bank or credit unions name, your account number(s), your balances, your recent transactions; your deferred compensation accounts such as who holds these funds, the amounts, the account numbers, etc.;
Your liabilities and credit quality such as your existing and past creditors, your balances, your payment history, your credit score, etc.;
Your transaction such as down payment and closing costs;
Certain declarations you may make for example, prior judgements, bankruptcies, etc.;
Your Ethnicity, Race, Gender and how you applied for a loan at HCMG; and
Other information such as your physical appearance, audio data, IP addresses, and geolocation information.
WHAT WE DO WITH YOUR INFORMATION?
Generally, the business purpose for which HCMG collects your personal data is to process the loan for which you either applied or inquired, to fund your loan or to support HCMG’s business model of originating, processing, closing, selling and servicing residential mortgage loans
- May submit your data to service providers that assist HCMG as we process your loan. These providers include, but are not limited to, credit reporting agencies, settlement agents and title companies, insurance companies, appraisers, data processors that make calculations and perform regulatory tests, internet search engines to confirm data you provided to HCMG, and data processors that review your data and make automated underwriting decisions; and our security providers that protect your information.
- May submit your data to your employer or your bank or credit union to confirm the data you provided is accurate;
- May submit your data to banks and other financial institutions that provide the funds for your loan;
- May submit your data to federal and state agencies that will purchase or guarantee or insure your loan;
- May submit your data to other financial institutions that may purchase your loan;
May submit your data to other financial institutions that may collect your payments and service your loan;
- May submit your data to those federal and state regulators who oversee HCMG as a licensed mortgage lender;
- May submit your data to cooperate with federal, state or local law enforcement but only if your data is properly requested by a court order or other subpoena;
- May submit your data to federal and state agencies as part of HCMG’s regulatory reporting obligation; and
- Additionally, HCMG may submit your data to companies that may use your data to market to you on HCMG’s behalf. HCMG does not sell your data to these companies and maintains control of the use, updating and retention of this information.
WHAT WE DON’T DO WITH YOUR INFORMATION
HCMG is not in the business of selling your data to other parties.
- Never sells your data to data aggregators that may resell or repackage your data; and
- Never sells your data to list brokers who may sell your data to other parties.
NOTE: Some companies will occasionally collect pieces of your information from public records and send you advertisements claiming or hinting at a relationship with HCMG. HCMG is not related to these companies and those companies should disclose that there is no relationship.
REQUESTS FOR INFORMATION
You have the right to request HCMG disclose to you the categories and specific pieces of personal information HCMG has collected.
HCMG may deliver the information by mail or electronically, and if provided electronically, the information shall be in a portable and to the extent technically feasible, in a readily useable format that allows the consumer to transmit this information to another entity without hindrance. HCMG will provide your data free of charge. You may request this information up to two (2) times in any 12-month period. See below for how to make this request.
REQUEST FOR DELETION
You have the right to request that HCMG delete any of your personal information HCMG has collected from you. Further, you have the right to request that HCMG require any service provider used by HCMG delete your personal information from their records. Please note, there are some instances where, even if you request, HCMG is not required to delete your personal information. For example, HCMG’s service providers do not have to delete your information if the service provider retains your information to further the processing of your loan or loan request or is required to retain your data as required by law.
See below for how to request the deletion of your information.
Please feel free to contact us using the contact information below to discuss when HCMG is not required to delete your information.
REQUEST FOR INFORMATION DATA, SOURCES, COMMERCIAL PURPOSES, THIRD PARTIES AND SPECIFIC PIECES
You have the right to request that HCMG disclose to you:
(1) The categories of personal information HCMG collected about you;
(2) The categories of sources from which your personal information is collected;
(3) The business or commercial purpose for collecting and transmitting your personal information;
(4) The categories of third parties with whom HCMG shares your personal information; and
(5) The specific pieces of personal information HCMG has collected about you.
Please note that HCMG may only disclose to you that information it has collected during the prior 12 calendar months.
REQUEST FOR INFORMATION ABOUT WHAT INFORMATION HCMG TRANSFERS TO OTHER PARTIES
You have the right to request that HCMG disclose to you:
The categories of personal information that HCMG collected about you.
The categories of personal information HCMG transmitted or transferred about you and the categories of these third-party transferees to which your personal information was transferred, by category or categories of personal information for each third party to whom the personal information was transferred.
The categories of personal information that HCMG disclosed about you for a business purpose.
Please note that HCMG may only disclose to you the information it transmitted or transferred about you during the prior 12 calendar months.
HOW TO MAKE A PRIVACY RELATED REQUEST ABOUT YOUR INFORMATION
You have four (4) ways to submit requests to HCMG. Those methods are:
1. By calling the following toll-free number, 800-441-3930. You may be asked to leave a message in which case you will be contacted to review your privacy related request.
2. By submitting a request by mail to HCMG PRIVACY, 10845 Griffith Peak Drive 2nd Floor Las Vegas NV 89135.
Please note, HCMG will require you to produce documentation proving your identity before it processes your request.
HCMG will respond to you within 10 days of acknowledging your request and will do everything it can to provide the information you request withing 45 days. HCMG may need additional time to honor your request. and will let you know if we need more time.