LEGAL INFORMATION
This Privacy Policy informs how Cloister Mortgaged Welling (hereinafter also –” Controller”,” Owner”,” we”, “us” or “our”) processes information and personal data on the website as well as any other media form, media channel, mobile website related, linked, or otherwise connected thereto (hereinafter – Website).
We strive to protect all personal information that we receive or generate. This Privacy Policy (“Privacy Policy” or “Policy”) explains our data protection practices for our visitors. This Privacy Policy also explains the nature of the personal information we collect, the means by which we collect it, the purposes for which we collect it, and how we use, process, protect, and share it.
Please read this entire Privacy Policy before submitting information to this Website. By accessing or using this Website for any purpose and by submitting any of your personal information to us, you are consenting to the terms and conditions of this Policy. If you disagree with any part of this Privacy Policy, please do not use this Website or any of our other services and do not share any personal information with us.
Data controller: Cloister Mortgaged Welling LLC, Legal address: 2108 N ST STE 4470, Sacramento, CA 95816.
Contact information: e-mail address: [email protected], phone: (916) 898-9150
DEFINITIONS AND LEGAL REFERENCES
Personal Data (or Data) -
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Usage Data -
Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Website) and the details about the path followed within the Website with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
User -
The individual using this Website who, unless otherwise specified, coincides with the Data Subject.
Data Subject -
The natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor) -
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
Data Controller (or Owner) -
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.
GDPR -
the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
COLLECTING OF DATA
This section explains generally the sources from which, and the means by which, we collect and process personal information.
- Contact us If you contact us in relation to any of the Services (via email), We may collect and retain your contact details and your communication for the purpose of handling your query and keeping records of communications.
- Other Means of Collection. We collect personal information by a variety of means and methods, including the following:
- When you submit personal information to us voluntarily, communicate with us, pay for our services which may appear on our Website, or use any of our Services;
- When you visit our Website, we may collect location and other information from the internet browser you are using;
- When your communications with us provide us with certain technical formation, such as internet protocol (IP) address, browser type, time zone setting and location, device operating system, and other technologies you may use to access our Website or otherwise communicate with us;
- From third parties and public sources, including from data analytics providers for our own social media pages, like Facebook, Twitter, Instagram;
COLLECTED DATA
The personal information we collect varies by user, transaction, and purpose, but our primary purpose is the efficient and satisfactory conduct of our business and for related legal purposes.
Users are responsible for any third-party Personal Data obtained, published or shared through this Website and confirm that they have the third party's consent to provide the Data to the Owner.
The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as contacting the User and sending emails using mailing list. Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Cloister Mortgaged Welling LLC does not knowingly collect data on users under the age of 13 years old.
Generally, we collect the following data:
- Information User provides when communicating using our Website;
- Information we obtain from a third party, such as a site or website provider, about use of our Website on third-party websites or devices;
- Location information, including location information provided by a mobile or other device interacting with our Website (including through beacon technologies), or associated with your IP address, where we are permitted by law to process this information;
- Activity information about your use, and the use by any person(s) you authorize through your account on our Website, such as the services you provide, how often you use our services, and your preferences; and
- Usage, viewing, technical, and device data when you visit our Website on third-party sites or websites, or open emails we send, including your browser or device type, unique device identifier, and IP address
We collect the following categories of Personal data for the following activities:
| Activity | Categories of Personal data |
|---|---|
| Visiting the Website |
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| Contacting our support teams |
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| Allowing the visitors and Users to exercise their data protection rights |
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| Complying with legal requests or manage litigation |
|
PURPOSE OF DATA COLLECTION
We use the personal information that we collect or receive from our Users for the purposes described in this Policy and for other business purposes allowed by law, including the development, delivery, and performance of our services, sharing with our affiliates for related business purposes, and as follows:
- To contact you: To contact you by email, telephone calls or other equivalent forms of electronic communication.
- To provide services.
- To manage your requests: To attend and manage your requests to us.
- To respond to your requests and questions, resolve disputes, investigate and address your concerns, and monitor and improve our responses;
- For testing, research, analysis, and a product and service development, including to improve our Website and services;
- For facilitating and processing your transactions with us and with our third party affiliates and business partners, if we choose to provide these services;
- To respond to law enforcement requests and as required by applicable laws, court orders, or governmental regulations;
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, marketing and your experience.
METHODS OF DATA PROCESSING
Cloister Mortgaged Welling takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to Cloister Mortgaged Welling, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by Cloister Mortgaged Welling. The updated list of these parties may be requested from the Owner at any time.
TRANSFERS AND SHARING OF DATA
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with Cloister Mortgaged Welling using the information provided in the contact section.
Cloister Mortgaged Welling may store, process your personal data outside the European Union (EU)/European Economic Area (EEA). In this case, your personal data is processed in United States of America.
We may share your personal data with following recipients:
- Internal recipients – your Personal data will only be disclosed to authorize employees that require an access to fulfil their obligations (e.g. support teams, developers, etc.). Our employees are specifically trained and made aware of the sensitivity of your Personal data and the requirements necessary to ensure the protection of your right to privacy.
- Processors – in order to provide the Services, Cloister Mortgaged Welling may communicate your Personal data to other entities acting as data processors.
- Partners and third parties – in order to provide the Services, Cloister Mortgaged Welling may communicate your Personal data to third party service providers.
- Judicial, administrative and other public authorities – Cloister Mortgaged Welling may have to share or disclose some of your Personal data if it is required to do so by the law, by a request meaning from a competent authority., to comply with a court order, to obtain legal remedies or defend Cloister Mortgaged Welling’s rights, to contribute with investigations (e.g. fraud, identity theft, etc.).
RETENTION TIME
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:
- Personal Data collected for the purposes of a Contract between Cloister Mortgaged Welling and User shall be retained as long as there is a Contract between the parties.
- Personal data collected for the purposes of the Consent of the User will be retain for as long as User has given Consent.
- Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfil such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
Cloister Mortgaged Welling may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
PRIVACY POLICY SUPPLEMENT FOR CALIFORNIA USERS
This Privacy Policy Supplement for California Users (this “Supplement”) adds additional terms to those contained in this Policy that apply solely to residents of the State of California who are subject to the California Consumer Privacy Act of 2018, as amended (“CCPA”).
Any terms defined in the CCPA that are not otherwise defined in this Supplement shall have the same meanings as such terms are given in the CCPA.
The CCPA provides Users with certain additional rights and information regarding their personal information. This Supplement provides those disclosures and describes those additional rights and explains how such additional rights may be exercised. Please read this Supplement as an expansion of the terms of the Policy set forth above as to Users interacting or doing business with us.
Categories of Personal Information Collected.
Listed below are the categories of personal information that we collect and use in our business for commercial purposes. These categories of data do not all apply at all times or as to all Consumers and often our receipt of this data is based on a Consumer’s voluntary submission of it to us for specific purposes or transactions requested by the Consumer:
| Category | Examples |
|---|---|
| A. Identifiers | A real name, alias, email address or other similar identifiers. |
| B. Internet or other network activity | Online browsing history or other information relating to a Consumer’s interaction with websites, applications, or advertisements. |
| C. Contact information | E-mail address and phone number |
Sale of Personal Information.
The CCPA requires that we disclose if we sell the personal information of Consumers to third parties which do not meet the definition of Service Providers under the CCPA. The common understanding of the term “sell” is to transfer property (in this case, personal information) for monetary consideration (i.e., cash), but under the CCPA, the definition of “sell” includes exchanging data for a business benefit other than cash. We do not sell, disclose, or transfer any Consumer’s personal information to a third party which does not meet the definition of Service Providers under the CCPA.
California Residents’ Rights
We extend the following rights to Users relating to their personal information that we have collected, used, or hold (collectively, “Data Rights”).
When Data Rights Do Not Apply. Data Rights are subject to certain exceptions and limitations based on the specific data processing activities involved or other legal constraints like law enforcement and litigation uses. If any of those exceptions or limitations should apply to a Data Rights request, we will explain in our response why (or the extent to which) we are unable to honour a User request.
Data Rights Described. A User’s rights relating to his or her personal information includes one or more of the following rights if and as applicable to a given request (a “Data Rights Request”).
The Right to Know. A User has a right to request that we disclose certain information to him or her about our collection and use of the User’s personal information over the past 12 months. Upon such a request, after verification of the User’s identity, we will confirm (i) the categories of personal information we have collected about the User, (ii) the categories of sources from which such information was collected, (iii) the business or commercial purpose for our collection, disclosure or use of such data, (iv) the categories of any third parties with which we shared such personal information for a business purpose, and (v) the specific pieces of personal information we have collected about the User.
The Right of Deletion. In some circumstances, a User has the right to request that we delete personal information that we have collected from or about the User. Those circumstances include when (i) the personal information is no longer necessary in relation to the purposes for which it was collected or processed; (ii) the User withdraws his or her consent to any consent-based processing such as marketing; and/or (iii) our continued processing of such data violates this Policy or is otherwise unlawful. However, there are exceptions to the right of deletion, including when our retention and processing of such data is reasonably necessary to (A) complete the transaction for which such data was collected, to fulfil the terms of a written warranty or product recall or otherwise perform our contract with the User, (B) provide a product or service requested by the User or take actions reasonably anticipated within the context of our ongoing business relationship, (C) detect security incidents or protect against deceptive, fraudulent or unlawful activity, (D) for internal use reasonably aligned with the User’s expectations under this Policy or applicable law, and/or (E) compliance with a legal obligation.
The Right to Data Portability. In certain circumstances under the Right to Know, a User has the right to access the specific pieces of his or her personal information that we collected from such User, by mail or electronically, and if provided electronically, in a portable, readily useable format to the extent technically feasible. However, this right does not apply where it is outweighed by other lawful needs or when the attempted return of it would adversely affect the rights or interests of others, such as when the personal information cannot be segregated from other protected data.
Right to Opt-Out of the Sale of Personal Information. If and to the extent we are deemed to Sell a User’s personal information to a third party, the User has the right to direct us to stop Selling the User’s personal information to such third parties (the “Right to Opt-Out”). To exercise the Right to Opt-Out, the User may submit a Data Rights Request Form to us invoking such right. The Consumer does not need to create an account with us to exercise his or her Right to Opt-Out. We will only use personal information provided in an opt-out request to review and comply with the requesting User’s request. A User’s exercise of the Right to Opt-Out will only apply to our disclosures to third parties which are not Service Providers and will not affect our own communications and transactions with our User or communications by our business partners with our Users in connection with our own business activities.
To exercise any Data Rights contact us or by:
Emailing us at [email protected]
Any Data Rights Request must:
- Provide sufficient information to permit us to reasonably verify that the requestor is the person about whom we collected personal information or an authorized representative thereof. We cannot respond to a request or provide personal information if we cannot verify the requestor’s identity or authority to make the request and confirm that the personal information relates to them.
- Such verification requirements include proof of the identity of the User about whom a request is made either (i) by a third party identity verification service engaged by us, or (ii) by our matching the identifying information of the User at issue with the personal information of the User already maintained by us, either in a password protected account with the User or by identification of the User’s recent vehicle searches or other activities with us or our business partners.
- Describe the Data Rights Request with sufficient detail for us to properly understand, evaluate and respond to it.
Users do not need to create an account with us to submit a Data Rights Request, but we do consider requests made through a password protected account sufficiently verified when the request relates to personal information associated with that account. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.
We will promptly confirm receipt of any such request (generally within ten 10 days) and endeavour to substantively respond to it after verification 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.
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 or as otherwise agreed.
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. We do not charge a fee to process or respond to verifiable Data Rights Requests unless excessive, repetitive, or manifestly unfounded.
Authorized Agent: The CCPA allows California consumers to designate an authorized agent to exercise their rights under CCPA. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
CHANGES TO THIS PRIVACY POLICY
Cloister Mortgaged Welling reserves the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within this Website and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to Cloister Mortgaged Welling. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities on the basis of the User’s consent, Cloister Mortgaged Welling shall collect new consent from the User, where required.
Latest update: November 1, 2022