Town Square Mortgage Privacy Policy for California Residents

Effective Date: 4/28/2022

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This Privacy Policy for California Residents (“Policy”) supplements the information contained in Town Square Mortgage & Investments LLC's (“Town Square Mortgage”, “our”, “us” or “we”) Privacy Policy and applies solely to all visitors, users, and others 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 have the same meaning when used in this Policy. 

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Information We Collect

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Our website, tsmlending.com (our "Website"), may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

• Publicly available information from government records.

• Deidentified or aggregated consumer information.

• Information excluded from the CCPA's scope, like:

  • 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), clinical trial data, or other qualifying research data;

  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver's Privacy Protection Act of 1994.

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In particular, our Website may have collected the following categories of personal information from consumers within the last twelve (12) months: 

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Category A: Identifiers 

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Examples A: Areal 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.

 

Collected: YES

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Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

 

Examples B: 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.

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Some personal information included in this category may overlap with other categories.

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Collected: YES

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

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Examples C: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

 

Collected: YES

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Category D: Commercial information.

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Examples D: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

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Collected: YES

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Category E: Biometric information.

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Examples E: 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.

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Collected: NO

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Category F: Internet or other similar network activity.

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Examples F: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

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Collected: YES

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Category G: Geolocation data.

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Examples G: Physical location or movements. 

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Collected: YES

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Category H: Sensory data.

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Examples H: Audio, electronic, visual, thermal, olfactory, or similar information.

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Collected: NO

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Category I: Professional or employment-related information.

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Examples I: Current or past job history or performance evaluations.

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Collected: YES

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Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

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Examples J: 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. 

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Collected: YES

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Category K: Inferences drawn from other personal information.

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Examples K: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

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Collected: NO

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Our Website obtains the categories of personal information listed above from the following categories of sources:

·      Directly from you. For example, from:

• Forms you complete or products and services you purchase.

• Your responses to surveys that we might ask you to complete for research purposes.

• Records and copies of your correspondence, including email addresses, if you contact us.

·      Indirectly from you. For example, from observing your actions or activities on our Website.

·      From third-party business partners such as social media sites, ad networks, and analytics providers.

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Use of Personal Information

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

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·      To fulfill or meet the reason you provided the information. For example, if you provide your personal information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to apply for a loan, we will use that information to process your application, payment and facilitate delivery of disclosures and loan closing. We may also save your information to facilitate compliance with regulatory requirements, and/or loan servicing purposes. 

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·      To provide, support, personalize, and develop our Website, products, and services.

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·      To create, maintain, customize, and secure your account with us.

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·      To process your requests, purchases, transactions, and payments and prevent transactional fraud.

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·      To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

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·      To personalize your Website experience and to deliver content and product 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).

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·      To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

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·      For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.

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·      To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

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·      As described to you when collecting your personal information or as otherwise set forth in the CCPA.

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·      To respond to audits or state or federal examinations by our regulators.

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·      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 about our Website users is among the assets transferred.

We 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 notice.

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Sharing Personal Information

 

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

 

Personal Information Category

Category of Third-Party Recipients / Business Purpose Disclosures

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A: Identifiers.

·      Service providers.

·      Partners.

·      Internet cookie data recipients, like Google Analytics.

·      Internet service providers.

·      Data analytic providers.

·      Government entities.

·      Operating systems and platforms.

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B: California Customer Records personal information categories.

·      Service providers.

·      Partners.

·      Internet cookie data recipients, like Google Analytics.

·      Internet service providers.

·      Data analytic providers.

·      Government entities.

·      Operating systems and platforms.

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C: Protected classification characteristics under California or federal law.

·      Service providers.

·      Partners.

·      Internet cookie data recipients, like Google Analytics.

·      Internet service providers.

·      Data analytic providers.

·      Government entities.

·      Operating systems and platforms.

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D: Commercial information.

·      Service providers.

·      Partners.

·      Internet cookie data recipients, like Google Analytics.

·      Internet service providers.

·      Data analytic providers.

·      Government entities.

·      Operating systems and platforms.

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E: Biometric information.

None.

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F: Internet or other similar network activity.

·      Service providers.

·      Partners.

·      Internet cookie data recipients, like Google Analytics.

·      Internet service providers.

·      Data analytic providers.

·      Government entities.

·      Operating systems and platforms.

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G: Geolocation data.

·      Service providers.

·      Partners.

·      Internet cookie data recipients, like Google Analytics.

·      Internet service providers.

·      Data analytic providers.

·      Government entities.

·      Operating systems and platforms.

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H: Sensory data.

None.

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I: Professional or employment-related information.

·      Service providers.

·      Partners.

·      Internet cookie data recipients, like Google Analytics.

·      Internet service providers.

·      Data analytic providers.

·      Government entities.

·      Operating systems and platforms.

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J: Non-public education information.

·      Service providers.

·      Partners.

·      Internet cookie data recipients, like Google Analytics.

·      Internet service providers.

·      Data analytic providers.

·      Government entities.

·      Operating systems and platforms.

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K: Inferences drawn from other personal information.

None.

 

Sale of Personal Information

We do not sell personal information, and in the preceding twelve (12) months, we have not sold personal information.

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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.

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Right to Know and Data Portability

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 (the "right to know"). Once we receive your request and confirm your identity 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.

·      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. 

·      The specific pieces of personal information we collected about you (also called a data portability request).

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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 (the "right to delete"). Once we receive your request and confirm your identity we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

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·      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.

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·      Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

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·      Debug products or services to identify and repair errors that impair existing intended functionality.

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·      Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

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·      Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et. seq.).

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·      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.

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·      Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

·      Comply with a legal obligation.

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·      Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action. 

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Exercising Your Rights to Know or Delete

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To exercise your rights to know or delete described above, please submit a request by either: 

·      Calling us: 888-244-6475

·      Emailing us: Compliance@tsmlending.com

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Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. To designate an authorized agent, you will need to provide the designated agent with power of attorney to act on your behalf, that shows that the agent is authorized to submit a request on your behalf under this Policy. The authorized agent will have to, in addition, verify his/her identity in the same manner that a consumer is required below. We may confirm the agent’s authority with the consumer that provided the agent the authorization.  

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

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·      Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include of the following or combination thereof:

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• Current State of California issued Driver’s License or Current State of California Issued Identification;

• Full name;

• Telephone number;

• Address;

• Email address;

• Date of birth;

• Last four digits of social security number

• Other verification information, depending on the circumstances to verify your request.

·      Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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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. 

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You do not need to create an account with us to submit a request to know or delete. 

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We will only use personal information provided in the request to verify the requestor's identity or authority to make it. 

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Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact: Compliance@tsmlending.com. 

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

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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. 

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Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. 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 and should allow you to transmit the information from one entity to another entity without hindrance.

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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. 

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Non-Discrimination

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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.

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·      Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

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·      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.

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Other California Privacy Rights

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We do not share personal information as defined in the California's "Shine the Light" law (Civil Code Section §1798.83) with non-affiliated third parties for their own direct marketing purposes. 

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Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the 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.

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Contact Information

 

If you have any questions or comments about this notice, the ways in which Town Square Mortgage collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by:

 

Calling us: 888-244-6475

Emailing us: Compliance@tsmlending.com

Sending us a letter to the address: 

Town Square Mortgage & Investments, LLC

Attn: Compliance Department

17300 Dallas Parkway, Suite 1030 

Dallas, Texas 75248

 

If you need to access this Policy in an alternative format due to having a disability, please contact us by email: Compliance@tsmlending.com, or by phone: 888-244-6475.