Privacy Policy

This Privacy Policy applies to the collection, use, and disclosure of Personal Information (defined below) gathered on certain websites that are owned and/or operated by, or by authorized third parties on behalf of, Bellwether Enterprise Real Estate Capital, LLC, an Ohio limited liability company, and/or its affiliates (collectively, “BWE”). The websites https://www.BWE.com, myloans.bwe.com, and any other website that links to this privacy policy (the “Sites”) are commercial websites and are intended for use by real estate owners, real estate professionals, investors, and their employees and agents to obtain information about BWE’s financial products and services. This Privacy Policy covers all visitors to the Sites. If you are a California resident, please see our California Privacy Notice for additional information about our practices with respect to your Personal Information.

When we refer to “BWE,” “we,” “us” or “our,” we mean Bellwether Enterprise Real Estate Capital, LLC or the specific division, subsidiary or affiliate that operates this Site, provides its content or processes Personal Information received through it, each as appropriate and applicable.

As used in this Privacy Policy, the term “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include publicly available information, or information that is deidentified or aggregated.

We created this Privacy Policy to help you understand how we collect Personal Information, what types of Personal Information we collect, how we use and disclose it, the steps we take to safeguard it, and the choices you have regarding how it may be used and disclosed.

Use of our Sites and services is strictly limited to persons who are of legal age in the jurisdictions in which they reside. You must be at least eighteen (18) years of age to use our Sites and services.

I. Personal Information We Collect
We and our service providers may automatically gather certain Personal Information about visitors to our Sites. We may collect information about your Internet browser, domain type, service provider, and internet protocol (“IP”) address information using tracking technologies (see “How We May Collect Your Information,” below, and our California Privacy Notice for additional information regarding our use of tracking technologies).

In order to operate the Site and provide you with information, products, and services that may be requested by or of interest to you, we may also collect and retain Personal Information such as your name, postal address, e-mail address, telephone number, Social Security number, date of birth or financial information (e.g., passwords, bank and other financial institution account numbers and billing address) and demographic information (e.g., zip code, hometown, gender, financial transaction history information and age). You may provide this Personal Information directly to us when you complete a form, survey, or application online.

II. How We May Collect Your Information

INFORMATION YOU PROVIDE TO US
We collect Personal Information from you or about you when you provide this information to us directly. For example, we may obtain Personal Information when you request information, products or services from or otherwise interact with us.

We may also gather such Personal Information through your access to your accounts online, as well as your asking questions through our “Contact Us” section. Personal Information that we may collect about you through online interaction includes information that you input, such as your name, address, e-mail address and other contact information. We may also collect data resulting from your activity, such as transaction information.

YOUR IP ADDRESS
Each time you visit any Site, we may automatically collect your IP address and the web page from which you came. In order to administer and optimize the Sites for you and to diagnose potential issues with our Site, we may use your IP address to help identify you and to gather broad demographic information about you. We may also supplement this information with Site traffic information that is collected automatically when you visit our Site, and with information acquired from our partners, service providers, and our affiliated companies.

PIXEL TAGS, WEB BEACONS, CLEAR GIFS AND OTHER SIMILAR TECHNOLOGIES
These are typically small pieces of data that are embedded in images on the Site or certain e-mail communications. They may involve the transmission of information directly to us, to another party on our behalf or to another party in accordance with its privacy policy. We may use these technologies to compile Personal Information we collect about you.

LOG FILES
We or our hosting provider may collect traffic information from visitors for statistical analysis and Site improvement. When you access the Sites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer the Sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.

GOOGLE
Our Sites may use Google Analytics to help us understand how the Sites are performing. For more information on how Google Analytics uses data, visit google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit google.com/settings/ads and tools.google.com/dlpage/gaoptout.

INFORMATION OTHER WEBSITES COLLECT FROM YOU
Our Site may contain links to other websites operated by other parties whose practices may be different than ours. When you click on such links and visit such other websites, you need to be aware that we may not control such other websites or such other websites’ business practices, and that this Privacy Policy does not apply to such other websites. Consequently, the operators of such other websites may collect different kinds of information about you and may use and disclose that information in different ways than we would if it were collected on the Site. You should check the other sites’ privacy notices because we have no control over information that is submitted to or collected by them. We encourage you to review other websites’ privacy policies and remind you that we will not be responsible for the actions of the operators of such websites, or their use of your information.

III. How We Use Your Personal Information
We may use your Personal Information to help us improve our product and service offerings, improve Site functionality, process queries on the Sites, to contact you when necessary in connection with products or services you accessed or inquired about via the Site, to provide you with account login credentials, and to send you information, offers and other promotional materials from us and selected partners.

E-MAIL ADDRESS
We may use your e-mail address to provide customer service information or answer your questions and requests. We may also occasionally send you our e-mail updates, notifications or other information about our products and services or about the products and services of our affiliated companies. We include information in each commercial e mail that allows you to opt out of receiving future communications.

TELEPHONE CONTACT
If you provide us with your phone number, you may receive telephone contact from us for customer service purposes, and to assist us in responding to your requests and questions. We may retain this information for business and marketing purposes and to help us with future requests from you. We may occasionally use your phone number to contact you with updates or other promotional information about our products and services or those of our affiliated companies in which you may be interested.

FINANCIAL INFORMATION
When you provide us financial information, we and our service providers may use your financial information to process your transactions. These service providers may include banking institutions used to process these transactions. .

DEMOGRAPHIC INFORMATION
We may use demographic information to tailor the Sites and communications to the interests of our users. We may disclose anonymous, aggregated (grouped) demographic information to our advertisers and other parties so that they can tailor their advertisements and communications to the appropriate audience.

IV. Disclosure of Personal Information

We may provide your Personal Information to other companies that provide services to help us with our business activities such as to host or maintain our Site; for data processing services; to provide website or data security; to provide operational, analytical or reporting services; or to provide technical support. .

BWE may disclose your Personal Information when required by subpoena, court order or other legal process, or if it has a good-faith belief that disclosure is necessary to (a) comply with any applicable federal, state or local law or regulation, (b) assist government enforcement agencies, (c) investigate, prevent or take action in connection with suspected or actual illegal activities, (d) investigate suspected or actual violations of BWE’s rights, (e) protect the rights, property or safety of BWE and its customers or employees, or others, (f) investigate and defend against any third-party claims brought against BWE or (g) protect the security and integrity of our Site.

BWE may also disclose Personal Information to other parties in connection with the sale, assignment or transfer of some or all of the assets of BWE or its subsidiaries or affiliates or as the result of a change in control of BWE, in which case we will require any such party to treat the Personal Information in accordance with this Privacy Policy. Any such party to whom BWE sells, assigns or transfers BWE’s assets will have the right to use the Personal Information that you have provided to us.

We may also disclose Personal Information that you have provided to us to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control.

BWE reserves the full and unrestricted right to use and disclose anonymized information; aggregated information or publicly available information that has not been combined with nonpublic Personal Information for purposes including, but not limited to, BWE’s internal use and research.

V. Links to External Websites
There are links on our Sites that direct users to third-party websites. If you follow any such links and you enroll in the respective services, your name and other requested information will be transferred to the operators of the respective third-party website. If you choose to use these third-party services, please review the third-party website’s terms of use and privacy policy prior to any transfer of your personal, or other, information. BWE is not responsible for the operation of such third-party websites or your access and use thereof.

VI. Supplementation of Information
We may supplement the Personal Information we receive from you with other information we receive from third-party sources or clearinghouses. Thus, Personal Information we obtain through the Site may be intermingled with and used in conjunction with information obtained through sources other than our Site, including both offline and online sources.

VII. Account and Password Security
You may receive a unique username and password (“Access Codes”) upon completing a registration process for certain portions of the Site. It is your responsibility to safeguard and protect your Access Codes and to monitor use of these Access Codes for all purposes. You accept all responsibility for maintaining the security of your Access Codes and for all utilization of the Site via your Access Codes, with or without your knowledge or consent. You agree to (a) immediately notify BWE of any unauthorized use of your Access Codes or any other breach of security; (b) ensure that you exit from your account at the end of each session; and (c) notify BWE immediately if you have lost your Access Codes or wish to terminate your access or have these Access Codes changed.

VIII. BWE Licensing Disclosure
BWE entities hold various regulatory licenses for nationwide lending, brokering and servicing activities. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A DEFENSE TO, OR A WAIVER BY BWE OF, ANY RIGHTS BWE HAS UNDER ANY LOAN DOCUMENT OR OTHER AGREEMENT OR APPLICABLE LAW, RULE, REGULATION OR REQUIREMENT.

IX. Our Security Precautions
BWE will take reasonable precautions to protect Personal Information provided to us through the Site from loss, misuse, unauthorized access, disclosure, alteration and destruction. BWE has put in place appropriate physical, electronic and managerial procedures to safeguard and secure such Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction.

While BWE strives to undertake reasonable and necessary efforts to secure Personal Information provided to us through the Site, even such security measures do not guarantee the security of all Personal Information, and BWE cannot guarantee that the Personal Information it collects, uses and retains will be protected in all circumstances, including those beyond BWE’s reasonable control. BWE will not be and is not liable for disclosures of your personal information due to errors in transmission, networks that we do not control, or unauthorized acts of third parties.

X. International Users
If you are visiting the Site from outside of the United States, your connection may be made through and to servers located in the United States, your registration, entries and orders placed through the Site may be fully processed in and from the United States, and all information you provide may be processed and maintained in our web servers and internal systems located within the United States. By using the Sites, you authorize the export of Personal Information to the United States and its storage and use as specified above when you provide such information to us.

XI. Additional Information for Residents of California:
If you are a California resident, please click here for additional information about your privacy rights and choices.

XII. Additional Information for Residents of Texas
This section supplements the other parts of our Privacy Policy and provides disclosures for Texas residents under the Texas Data Privacy and Security Act. As used in this section, the term “Personal Information” includes “personal data” as defined by the Texas Data Privacy and Security Act.

If you are a Texas resident, you may exercise the following rights:

Access and Data Portability
You have the right to confirm whether we are processing your Personal Information, to access your Personal Information, and to obtain a copy of Personal Information you provided to us in a portable format.

Correction
You have the right to request that we correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and our purposes for processing it.

Deletion
You have the right to request that we delete your Personal Information, subject to exceptions.

Right to Opt Out
We do not sell your Personal Information or use it for targeted advertising, and as such, we do not offer this right.

Submitting Requests Relating to Your Personal Information
To make a request relating to your Personal Information, please email us at privacy@bwe.com and include “Texas Privacy Request” in the subject line. You may also call us at 1 (866) 538-0488 and leave a voicemail detailing your request.

Please include in your request:
1. Your full name;
2. Your contact information (telephone number or email address on file with BWE).

Please note that we may need to authenticate your identity before your request can be processed.

Right to Appeal
Sometimes we are unable to process requests relating to your Personal Information, in which case, your request will be denied. If your privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request using our toll-free number or email address provided above.

XIII. Correcting or Updating Personal Information
If your Personal Information changes or if you have reason to believe that your Personal Information as we maintain it is incorrect and you are unable to change your Personal Information by logging into your account, you may contact us as provided below, and we shall attempt to accommodate all reasonable requests for such changes. Note that some information may be changed only by contacting the administrator of the Site.

XIV. Choice/Opt-Out
We recommend that users who no longer wish to receive promotional materials or have their information provided to third parties log into their accounts and modify their account settings, as users may have chosen to receive promotional materials in the account registration process. If you are still receiving promotional materials thirty (30) days after modifying your account settings, you may contact us directly using the information below to opt out of receiving such communications or having information shared. If you opt not to receive such communications and then you give your Personal Information to us again by using the Site or under other circumstances that permit us to use your Personal Information, we will regard your opt-out as having been rescinded. Also, please note that users may not necessarily opt out of receiving all communications from us or opt out of disclosing certain Personal Information with other parties, as specified as being necessary in various portions of this Privacy Policy.

You may additionally opt out of receiving e mail communications by using the opt-out instructions included in an e mail you may receive from us.

Please note that changing or deleting your Personal Information through the Sites, or otherwise opting out of receipt of e mail communications from us and third parties, will only change or delete the data in our database for purposes of transacting future business on or relating to the Sites and for managing future communications from us and third parties. These changes and deletions will not change or delete information collected or submitted pursuant to the Customer Agreement, or information already collected as part of a product or service purchase in our transactions database which may be shared with our third-party service providers regardless of your email preferences.

XV. How Long We Keep Personal Information
We will keep the Personal Information described above for as long as is necessary for the purposes described in this Privacy Policy or as otherwise authorized by law. This generally means holding the information for as long as one of the following apply:

• Your Personal Information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
• Your Personal Information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the Personal Information was collected;
• Your Personal Information is reasonably required to protect or defend our rights or property; or
• We are otherwise required or permitted to keep your Personal Information by applicable laws or regulations.

Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.

XVI. Response Times
We will use commercially reasonable efforts to make any changes you request. Many such changes may be accomplished using batch processing (i.e., collecting a number of similar change requests and making all such changes at once), so the changes may not be immediately effective. If you require an immediate change to your Personal Information and are unable to make such a change using the available Site resources, please contact us.

XVII. Changes to This Privacy Policy
BWE reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Privacy Policy at any time. Please review this Privacy Policy periodically, as we may update it from time to time. The date of last update to this Privacy Policy is posted at the top of the Privacy Policy. Each time you visit any of the Sites you are accepting the practices described in the Privacy Policy in effect at that time.

XVIII. Contact Us
If you have any questions or concerns about this Privacy Policy, the practices of the Sites, or your dealings with any Sites, you can contact us privacy@bwe.com. You can also send us mail at:

Bellwether Enterprise Real Estate Capital LLC
1375 E. 9th Street, Suite 2400
Cleveland, OH 44114
Attn: Privacy Officer