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Privacy Policy

Introduction and Overview

Archwest Capital, LLC (“Archwest, “we”, “us”, “our”) is a direct commercial real estate lending and investing company that, among other things, provides financing to experienced investors.  Archwest respects the privacy of others and continues to maintain policies and procedures aimed at protecting data privacy through our privacy policy (“Privacy Policy”). This Privacy Policy explains how we collect, use, disclose, and otherwise process personal information in connection with our services. This Privacy Policy is not, however, a contract and does not create any legal rights or obligations.

Definitions

When we use the term “services” in this Privacy Policy, we mean the services that we offer through which we process the personal information of:

  • visitors to this website,
  • individual borrowers and guarantors of our commercial loan products, and
  • representatives of businesses with whom we interact.

The term “services” does not include, and this Privacy Policy does not cover when we act as a service provider processing personal information on behalf of another business (our contract with the business governs those activities).

When we use the term “personal information” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you.  It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or reasonably linked to you.

Our Collection and Use of Personal Information

Archwest collects personal information depending on our relationship with you and how you interact with us either through this website, over the phone or in-person.  We and our third-party partners and providers collect certain personal information you choose to provide us, collected automatically through the use of this website and information from third parties.  This may include:

  • Subscription to Newsletter: Our website allows you to subscribe to our newsletter and other email communications by providing your email address in the available web form. We use your email address to keep you informed about the latest commercial property tips, trends, and best practices and to communicate with you about our products and services, which may include marketing communications.  You may ask us not to send you marketing communications by following the instructions provided.
  • Connect With Us: Our website allows you to connect with us through an online web form that collects contact information (such as your name, email address, and loan amount sought) and a custom message from you. You may also choose to contact us at one of the designated addresses or phone numbers identified on our website and provide us personal information in connection with your message.  We use this personal information to communicate with you in connection with your request, including corresponding with you about our services and products.
  • Careers Page: Our careers page may collect information relating to job applications including your name, email address, phone number and any other information you may include with respect to any available positions on our website.

As is true of most digital platforms, we and our third-party partners and providers also collect certain personal information automatically when you visit or interact with our website, which may include:

  • Log Data: including your internet protocol (IP) address, internet service provider, operating system, browser type, browser id, language, the URL you entered and the referring page/campaign, date/time of your visit, the time you spent on our services and any errors that may occur during your visit to our services.
  • Analytics Data: including the electronic path you take to our services, through our services and when exiting our services, as well as your usage and activity on our services, such as the links and objects you view, click or otherwise interact with.
  • Location Data: including your general geographic location based on the Log Data we collect or more precise location to the extent permitted by law.
  • Performance Data: including the use of cookies and other related technologies to collect information automatically.
  • Social Media: If you choose to interact with us on social media, we may collect personal information about you from your social media account that you make public or share with us.  We use personal information collected in connection with your social media account to communicate with you and better understand you and the business you represent.
  • Information Providers: We may from time to time obtain information from third-party information providers to correct or supplement personal information we collect.  For example, we may obtain updated contact information from third-party information providers to reconnect with you.
  • Inquiry Information: If you choose to contact us, we will collect personal information in connection with your inquiry and correspondence with us.  We may need additional information to fulfill your request or respond to your inquiry.  We may provide additional privacy disclosures where the scope of the inquiry/request and/or personal information we require fall outside the scope of this Privacy Policy.  In that case, the additional privacy disclosures will govern how we may process the information you provide at that time
  • Publicly Available Information: We may collect personal information from publicly available sources, such as government records or publicly available websites, to supplement the personal information identified above.

Use of Personal Information

We use the personal information we collect from our website visitors to:

  • Administer and improve our website;
  • Communicate and provide our services described above;
  • Provide you opportunities to interact with our website and blog posts, including by using our blog commenting feature;
  • Test different configurations of our website;
  • Diagnose errors and problems with our website;
  • Conduct research and analytics on visitor usage and activity trends relating to our website;
  • Remember you and the choices you have made in relation to our services;
  • Identify how you use our website, determine products/services that may be of interest to you and customize our personalized offerings and marketing efforts accordingly;
  • Provide you with news about products and services we offer, as well as other communications relating to residential real estate investing;
  • Deliver marketing communications and advertisements based on your interests and interactions with us;
  • Assess the performance of marketing campaigns and facilitate remarketing efforts;
  • Respond to your comments and questions and provide you support;
  • Maintain legal and regulatory compliance under applicable law; and
  • Communicate with you about services

What Information We Share

We share and disclose personal information in the following ways:

  • Within Archwest and With Affiliated Companies: Archwest are made up of many legal entities that are responsible for different aspects of our relationships with individuals we interact with and the services we engage in.  To facilitate these interactions and services, Archwest entities may disclose personal information to other Archwest entities for purposes and uses that are consistent with this Privacy Policy.
  • With Businesses You Represent: We may share personal information with businesses you represent in furtherance of the relationship between us and the business for which you are a representative.
  • With Transaction Partners:  We may share your personal information with other entities and third parties involved in a transaction we are undertaking with you and/or the business you represent. For example, we may share your contact information with financing sources and appraisers, so they can connect with you to obtain the information needed to facilitate our loan offering.  We may also share your personal information with credit bureaus to evaluate your creditworthiness prior to a loan being approved or a third party acquiring the servicing rights or ownership rights of the loan from us.
  • With Data Analytics Providers: We share personal information with data analytics providers who analyze statistics and trends relating to the usage of and activity relating to our services. These data analytics providers produce reports and make suggestions for our business strategy based on the personal information and other information analyzed.
  • With Marketing Partners: We coordinate and share personal information with our marketing partners, including advertisement networks, social networks, retargeting partners and marketing communication providers, to communicate with you about our services and products and market our services and products to you.
  • With Vendor Management Providers: We share personal information with third parties we engage to assist in our vendor management processes, including maintaining vendor records on our behalf.
  • With Other Service Providers: In addition to the third parties identified above, we engage other third parties to perform certain functions on our behalf in connection with the use of personal information described above, including website hosting, communications, identity verification, information technology support and fraud monitoring. Depending on the function the third party serves, the service provider may process personal information on our behalf or have access to personal information while performing functions on our behalf.
  • Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction.  Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership.
  • Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors and law enforcement:
    • in connection with the establishment, exercise, or defense of legal claims;
    • to comply with laws and regulations or to respond to lawful requests and legal process;
    • to protect our rights and property and the rights and property of our agents, customers, and others, including to enforce our agreements, policies, and terms of use;
    • to detect, suppress, or prevent fraud;
    • to protect the health and safety of us, our customers, or any person; or
    • as otherwise required by applicable law.
  • Consent: We may disclose personal information about you to certain other third parties with your consent.

Your Communication Preferences

In connection with our services, we may send you email messages, posted mail or other communications, including communications regarding our services.  You may ask us not to send you marketing communications:

  • By following any available opt-out instructions in the marketing communications, such as by clicking the unsubscribe link located at the bottom of a marketing communication email; or
  • Sending a request to not receive posted mail marketing communications by emailing privacy@archwestcapital.com.

If you request to opt out of marketing communications, please note that we may continue to send you non-marketing communications such as those directly related to the products or services we are providing you, maintenance of your account or status of our ongoing business relations.

California Privacy Rights

These Additional California Privacy Disclosures (the “Disclosures”) supplement the information contained in our Privacy Policy and applies solely to individual residents of the State of California. These Disclosures describe how we collect, use, disclose, and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”).

Unless otherwise expressly stated, all terms in these Disclosures have the same meaning as defined in our Privacy Notice or as otherwise defined in the CCPA.

Collection, Disclosure and Sale of Personal Information

In the last 12 months, we have not sold personal information about you, but we have collected and disclosed for a business purpose the following categories and examples of specific pieces of personal information, which reference the personal information described in our Privacy Policy.

 

Category of Personal Information Collected Disclosed for Business Purpose
Identifiers, including your name, email address, and Government Identification
California Customer Records (Cal. Civ. Code § 1798.80(e)), including your home address, business address, phone number, borrower/broker status, Financial Information, and, for disregarded entities, your bank account number and financial information
Commercial Information, including Transaction Information and Investment Information
Internet/Network Information, including Log Data and Analytics Data
Geolocation Data, including your general geographic location or more precise location to the extent permitted by law
Professional/Employment Information, including your employer, company name or the name you are doing business as, your business’s contact information, your job title or description, length of employment, real estate experience, company affiliations, trust affiliations, professional licenses and license status, relevant education, and Diligence Information
Other Personal Information, including Legal History, personal information you permit us to see when interacting with us through social media and personal information you provide us in relation to User Generated Content or your questions, requests or inquiries.

 As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):

The Right to Know You have the right to request any or all of the following information relating to your personal information we have collected or disclosed in the last 12 months, upon verification of your identity:

  • The specific pieces of personal information we have collected about you;
  • The categories of personal information we have collected about you;
  • The categories of sources of the personal information;
  • The categories of personal information we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
  • The categories of personal information we have sold about you (if any), and the categories of third parties to whom this information was sold; and
  • The business or commercial purposes for collecting or, if applicable, selling personal information about you.
The Right to Request Deletion You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions.
The Right to Opt Out of Personal Information Sales You have the right to direct us not to sell personal information we have collected about you to third parties.

If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales.

The Right to Non-Discrimination You have the right not to receive discriminatory treatment for exercising any of the rights described above.

However, please note that if the exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products or services or engage with you in the same manner.

 

To Exercise Your Right to Know or Right to Deletion

To submit a request to exercise your right to know and/or right to deletion, please email us at privacy@archwestcapital.com.

We will need to verify your identity before processing your request. To do so, please include the following information with your request:

  • The full name of the individual the personal information is about (the consumer);
  • The full name of the individual making the request and their relationship to the consumer;
  • The consumer’s address, including the state of residency;
  • The consumer’s relationship to Archwest, including the Archwest entity, products and/or services relevant to the consumer;
  • The right to be exercised, the associated request and the scope of personal information involved (e.g., all or a subset of the information); and
  • The best phone number or email address for us to contact the requesting individual.

In order to verify your identity, we may also require additional personal information to match against the information we maintain about you in our systems.

In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

To Exercise Your Right to Opt Out of Personal Information “Sales”

To the extent our third-party advertising and analytics partners’ and providers’ collection of information from our website visitors constitute a “sale” under the CCPA, please visit our Cookie Notice for more information about the choices and opt-out options you may have in relation to those practices.

Although we have not “sold” any other personal information in the last 12 months, we may from time to time engage in data transfers that constitute a “sale” under the CCPA. You may exercise your right to be added to our opt-out list in the event of future sales by emailing privacy@archwestcapital.com.

Do Not Sell My Personal Information

Please include with your request the information described in the To Exercise Your Right to Know or Right to Deletion section above. Once you make an opt-out request, you may change your mind and opt back in to personal information sales at any time by emailing privacy@archwestcapital.com.

Third-Party Websites

Our website may include links to third-party websites, plug-ins and applications that have their own Privacy Policy and personal information collection, use and disclosure practices.  We are not responsible for the policies or practices of third parties.  Please consult their respective Privacy Policy to learn more about the personal information practices of these third parties.

Children’s Personal Information

Our website is not directed to or intended for children under 16 years of age and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 16.  If you are under the age of 13, do not use this website or otherwise provide us with any personal information.  If we learn we have collected or received personal information from a child under the age of 16 without verification of parental consent, we will delete that information.  If you believe we might have any personal information from or about a child under the age of 16, please contact us by emailing privacy@archwestcapital.com.

Cookies and Similar Technology

Cookies are small data files that are stored on your computer that allow us and our third-party partners and providers to collect certain information about your interactions with our email communications and website.  We and our marketing partners and other third-party providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”).

We and our marketing partners and third-party providers may use cookies to automatically collect certain types of usage information when you visit or interact with our email communications or website, including the personal information.  For example, we may collect log data about your device and its software, such as your IP address, operating system, browser type, date/time of your visit, and other similar information.  We may also collect analytics data or use third-party analytics tools such as Google Analytics to help us measure usage and activity trends for our website and better understand our customer base.

Marketing partners and other third-party providers may also directly collect personal information about your online activities over time and across different websites when you use our website.

We use or may use the data collected through cookies to:  (a) remember information so that you will not have to re-enter it during your visit or the next time you visit our website; (b) provide and monitor the effectiveness of our website; (c) monitor online usage and activities of our website; (d) diagnose errors and problems with our website; (e) otherwise plan for and enhance our website; and (f) facilitate the other purposes identified in the Privacy Policy.  We and our marketing partners also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver information and advertisements about our services that may be of interest to you.  For example, this website uses the Google AdWords remarketing service to advertise on third-party websites to previous visitors to our site.

For more information on the use of Google AdWords, please visit Google’s privacy policy.  You can also view Google’s currently available opt-out options.

Please note that we link some of the personal information we collect through cookies with the other personal information that we collect about you and for the purposes described in this Privacy Policy.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.

Please note that doing so may negatively impact your experience using our websites and other online services, as some features and offerings may not work properly.  Depending on your device and operating system, you may not be able to delete or block all cookies.  In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

Many of our websites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). For more information on the use of Google Analytics, please visit Google’s privacy policy.  You can also view Google’s currently available opt-out options.

Changes to this Privacy Policy

We will update this Privacy Policy from time to time.  When we make changes to this Privacy Policy, we will change the “Last Updated” date at the beginning of this Privacy Policy.  If we make material changes to this Privacy Policy, we will notify you by prominent posting on this website or through other appropriate communication channels.  All modifications will be effective upon their posting to our website unless we indicate otherwise in the post; it is therefore important that you review this Privacy Policy regularly.

Contact Us

If you have any questions or requests in connection with this Privacy Policy or other privacy-related matters, please send us an email by emailing privacy@archwestcapital.com.

Alternatively, inquiries may be addressed to:

Archwest Capital, LLC
19800 Mac Arthur Blvd., Suite 490
Irvine, CA 92612

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