Table of Contents
DefinitionsWhat does this policy cover?From whom and what information do we collect about you?How do we use your information?How long do you retain my information?With whom and how do we share your information?Tracking TechnologiesDo Not Track RequestsDo you secure my personal information?Can I opt out of receiving your communications not related to my mortgage or related transaction?Can I access or view my information or delete my account with you?What happens if we change this policy?Contact usWhat if I am a minor (under the age of 18)?Processing Location; International Users; European Data Protection LawsSpecific state privacy rightsAntifraud DisclosureEffective Date

Privacy Policy

This Privacy Policy (the “policy”) explains how Prosperity Home Mortgage, LLC, HomeServices Lending, LLC, and their wholly owned subsidiaries (“we,” us,” or “our”) may collect, retain, use, and share your personal information through your access or use of (a) our websites and any other websites that are owned, controlled, or managed by us (collectively, the “Websites”); or (b) the services, products, platforms, features, content, or applications that are owned, controlled, or managed by us to provide the Services (defined below). This policy does not apply to our affiliates that are not mortgage companies (the “Non-Mortgage Affiliates,” defined below).

Our separate Privacy Notices required by federal law can be accessed here: 

If you are a California resident, please review the additional terms in the California Privacy Notice that supplements this policy. Other states have enacted consumer-privacy laws that may give you additional rights, including, as of the date of this policy below, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, NewHampshire, New Jersey, Nevada, Oregon, Rhode Island, Tennessee, Texas, Utah, Vermont, andVirginia. A summary of consumer rights under these state laws is found in the Specific State Privacy Rights section below.

We may provide you with required additional or supplemental privacy notices at the beginning of or during a customer relationship based on the Services that you request, we offer to you, or if the additional or supplemental privacy notices are required by applicable state or federal laws or regulations. By using the Services, you agree to the terms of this policy and to the terms of any additional or supplemental privacy notices or Terms of Use that we may provide to you.

‍1. Definitions
‍Our Non-Mortgage Affiliates include BHH Affiliates, LLC dba Berkshire Hathaway HomeServices, HomeServices Insurance, Inc., HomeServices Relocation, LLC, HomeServices Property Management, LLC, and affiliated real estate brokers and title, escrow, and closing companies. They may have their own privacy policies and California Privacy Notices.Agents are people and entities, including licensed independent contractor real estate sales associates or salespersons, who may offer or provide real estate brokerage services to you. Agents are independent contractors who aren’t employed or controlled by us or our Non-Mortgage Affiliates. This policy governs the handling of only personal information that we collect from or about you. This policy doesn’t govern personal information that an Agent obtains, retains, or stores outside of the Websites, applications, systems, or platforms, and you will be governed by other privacy terms, if any, of other websites and applications through which you interact with those Agents. If an Agent collects your personal information and it isn’t stored or retained in the Websites, applications, systems, or platforms, you will need to contact the Agent directly to exercise your privacy rights.

As used in this policy, personal information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person. Personal information includes “personal data”, as that term is defined under applicable data privacy laws. 

Services means, collectively, the Websites and the other services, products, platforms, features, content, interactions, or applications (including mobile applications) for the solicitation, origination, servicing, processing, sale, and maintenance of mortgage loans.

‍2. What does this policy cover?
‍This policy covers how we treat personal information and other information that we collect about you in connection with your use of, or access to, the Services. This policy also covers how we treat any personal information that we collect outside of the Services and that we combine with personal information that we collect in connection with your use of, or access to, the Services. Even if you are no longer our client, this policy will continue to apply to you. This policy doesn’t apply to third-party activities, practices, or services that we don’t control such as the activities, practices, or services of investors, agencies, vendors, and third-party websites, services, and applications, including social-media platforms (“Third Party Services”) that you might access in connection with the Services. This policy also doesn’t apply to people or entities that we don’t manage, employ, or otherwise contract with or have a business relationship with. Although we attempt to facilitate access to only those Third Party Services that share our respect for your privacy or that you request when accessing or using the Services, we aren’t responsible for the content or privacy policies of those Third Party Services. We encourage you to review carefully the privacy policies of any Third Party Services that you access or use, including those Third Party Services provided separately by Agents. This policy also doesn’t apply to job applicants or candidates who apply for employment with us or to our employees.‍

3. From whom and what information do we collect about you?
‍We may request and collect personal information as well as other information in connection with certain aspects of your use of, and access to, the Services. We collect the following types of information from users of the Services.

Information that you provide to us: In general, we collect your personal information on a voluntary basis. If you decline to provide certain personal information that’s required to access, use, or receive the Services, you might not be able to access certain Services, and we might be unable to respond fully to your requests. You may choose to provide us with certain information about you (a) by creating an account with us or registering to use the Services; (b) completing or submitting content or data through our Services, applications, webforms, or other forms, or by otherwise contacting us; (c) participating in surveys, contests, or promotions or registering for events that we sponsor; (d) are referred to us via one of our Non-Mortgage Affiliates or third-party relationships; (e) request customer support or information about our Services; (f) use the chat function on our Services; (g) make a purchase; or (h) otherwise communicate with us.  In some cases (such as when it’s required by law), we may ask for your consent or give you certain choices before collecting certain personal information.

The specific personal information that we collect depends on the Services and context in which you provide it, but could include your:

  • legal name and aliases 
  • date of birth and age
  • social-security number
  • email address
  • mailing address
  • phone number
  • location and usage data
  • property information including its location and approximate value
  • employment status
  • demographic information such as race, ethnicity, residency status, and gender collected according to federal requirements
  • related loan products or services that you have used in the past
  • financial information such as income, assets, liabilities, savings, investments, and net worth
  • homeownership status and payment information
  • insurance information
  • other profile data, including your language, interests, and preferences
  • any other information that you provide to us

Information that we may collect automatically: We may automatically collect and store certain types of information about you whenever you contact us or interact with us or the Services. 

  • Communications. When you email, call, or otherwise communicate with us, we may collect personal information such as your contact details, communications, and our responses. We also maintain records, communications, and information that you post in chat sessions, forums, and in other areas of the Services, as well as on our social-media channels, and information that you provide to us related to any customer-support requests.  When you fill out a “Contact Us” or similar form, sign up for our mailing lists, or otherwise request information from us, we collect and maintain records of your requests.
  • Responsive Information. If you participate in surveys, contests, or promotions, we may automatically collect personal information such as your name, age, email address, or other registration information, as well as your responses to any survey questions or other requests. If you register for or attend an event that we host or sponsor, we may collect information related to your registration for and participation in the event, including your name, contact information, and professional affiliations, as well as any dietary restrictions or other requested accommodations.
  • Transactional. When you purchase a mortgage or complete a mortgage transaction, we may collect information about the transaction such as product or program details, financial details, and the date and location of the transaction. We may also collect information about your financial accounts, account balances, credit accounts, loan accounts, investment accounts, account owners, account transactions, and identification and employment information.
  • Device & Usage. We collect information about how you access or use the Services.  We may collect and record information in our server logs from your web browser including your IP address, location data, domain name, page views, a date/time stamp, browser type, device type, device ID, Internet service provider, referring and exiting URLs, operating system and version, language, clickstream data, hardware model, mobile network, IP address, unique-device identifiers, and similar device and usage information, search queries, cookie information, mobile-device identification, and the webpages that you request. 
  • Content. We may record the details of your activity on the Services such as information about the links that you click on, searches, features used, items viewed, photos, stored content, and time spent within the Services. 
  • Location. We may collect information about the general or precise geolocation of your computer or device that accesses the Services and we may use this information to provide certain features of and to improve or customize the Services. You can disable location services through your device settings. For example, when you first launch one of our mobile apps that collect precise geolocation information, or when you visit parts of the Services that collect precise geolocation information, you'll be asked to consent to the collection of precise geolocation information. If you initially consent to our collection of precise geolocation information, you can later stop the collection of this information at any time by changing the preferences on your mobile device or application. Some Services may not function as intended without precise geolocation information. You also can stop a mobile application’s collection of geolocation information by uninstalling or removing the application from your mobile device.
  • Derived. We may also derive personal information about you based on other personal information that we have collected.

Information collected using Tracking Technologies: The Services may use first-party and third-party cookies, pixel tags, plugins, web beacons, and other tools (collectively, “Tracking Technologies”) to, among other things, gather device, usage, and browsing information when you visit the Websites or use the Services. Cookies are small text files that a website transfers to your computer’s hard drive to store and that sometimes collect information about your use of websites such as the time you spend on the website, pages visited, language preferences, and other anonymous traffic data. Your web browser stores cookies in a manner associated with each website that you visit. This policy covers only our use of Tracking Technologies and doesn’t cover the use of third-party Tracking Technologies, including the Tracking Technologies of our third-party partners and service providers. When you visit the Websites or use the Services, Tracking Technologies may record your IP address (and associated location information) and other information such as the type of your internet browser, your Media Access Control (MAC) address, computer type (i.e., Windows PC or Apple Mac), screen resolution, operating-system name and version, device manufacturer and model, language, and the pages that you view and links that you select on the Services, as well as date and time stamps associated with your use of and activities on the Services.

Information collected from third parties: If you choose to register on the Websites or otherwise link your account with us to a Third Party Service (such as Facebook), we may receive the same type of information that we collect from you (described above) from those Third Party Services. If you post information about us, engage with us on a Third Party Service, or choose to link to or log in to the Services using a Third Party Service (if available), we may collect personal information about you from that Third Party Service. We may also collect other information that you share or make public on your account with a Third Party Service. Some Services may integrate with social-sharing features and other related tools that let you log in to the Services or share the actions that you take on the Services. Your use of social-sharing features enables the sharing of information with your friends or the public depending on the settings that you establish with the social-sharing service. These Third Party Services control the information that they collect and share about you. For information about how they may use and disclose your information, including any information that you make public, please review their respective privacy notices. We also may receive your information from our relationships with unaffiliated third parties if you consent to those unaffiliated third parties sharing your information. We may also receive information about you—such as demographic data, employment information, social-media-networking information, and imprints or fraud-detection information—from third-party partners and service providers and combine it with other information that we have about you.

Information collected from our Non-Mortgage Affiliates, unaffiliated real estate brokerages or settlement-service providers, or Agents: If you use the Services, we may receive information about you from our Non-Mortgage Affiliates, unaffiliated real estate brokerages or settlement-service providers, or Agents. By providing this information to our Non-Mortgage Affiliates, unaffiliated real estate brokerages, or settlement-service providers, or Agents, you understand that we may collect and store that information and contact you to send you information about a mortgage transaction, the Services, the Non-Mortgage Affiliate, the unaffiliated real estate brokerage or settlement-service provider, or the Agent that you are using for the transaction, or for any other reason set forth in this policy.

Information collected from other sources. We obtain information from third-party sources in certain situations.  For example, we may collect information about you from identity-verification or other verification services, credit bureaus (including your credit report), advertising networks, mailing list providers, data brokers, appraisers, appraisal-management companies, insurance agencies, county recorders, and inspection companies. The information that we collect from other sources varies depending on the information made available by those entities

4. How do we use your information?
In general, we use the personal information that we collect from or about you to respond to your requests and provide you with the Services. In addition, we may use information that we collect from or about you, including any personal information, to

  • fulfill the particular purpose for which you provided it or deliver the Services that you requested
  • for our everyday business purposes such as to process your transactions, maintain your accounts, or report to credit bureaus
  • respond to your inquiries and fulfill your requests
  • operate the Services and our general business activities
  • market, present, or provide the Services to you alone or in connection with joint marketing with other financial companies
  • contact you regarding the Services or your account with us
  • communicate with you about your access to and use of the Services
  • present or offer to you real estate brokerage, mortgage, title-and-escrow, closing, insurance, relocation, property management, and other real estate-related services through our Non-Mortgage Affiliates
  • develop Services that help us provide mortgage services to you, better understand how people access and use the Services, evaluate and improve the Services and our business operations, and develop new features, offerings, and services
  • provide or recommend features, content, social connections, and referrals; tailor content that we send or display on the Services offer geolocation customization and personalized help and instructions; and otherwise personalize your experiences
  • conduct surveys and other evaluations such as customer-satisfaction surveys
  • provide troubleshooting and other customer service and technical support 
  • provide you with information about the Services or other services that you request from us
  • fulfill our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
  • manage and respond to actual and potential legal disputes and claims, or otherwise establish, defend, or protect our rights or interests, including in the context of anticipated or actual litigation with third parties
  • notify you about changes to the Services or any other products or services that we offer or provide through the Services
  • allow you to participate in interactive features of the Services
  • conduct research and development to improve the Services and develop new services and offerings
  • facilitate, protect, and secure our business operations, assets, the Services, and network and information and technology resources 
  • validate your identity and investigate, prevent, detect, and respond to fraud, unauthorized access, and situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct
  • engage in an actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business
  • perform financial, tax, and accounting activities, perform audits and assessments of our operations; perform quality control and training; implement and assess privacy, security, and financial controls; assess other risks; and perform general business, recordkeeping, and legal functions
  • comply with the law, our legal obligations and legal process, warrants, subpoenas, legal investigations, and regulatory or law enforcement requests 
  • enable our servers to identify and recognize your web browser and provide information about your interactions with the Websites and Services via Tracking Technologies
  • gather device, use, and browsing information when you visit the Services
  • enable debugging or for other security purposes
  • facilitate navigation and improve, analyze, optimize, personalize, and enhance the Services, their functionality, and your experience
  • improve and measure our advertising campaigns using Tracking Technologies and better reach users with relevant advertising both on the Services and on Third Party Services

‍

Use of Tracking Technology information: We describe how we may use the information that we collect using Tracking Technologies in the Tracking Technologies section below. Our use of third-party Tracking Technologies may be considered a sale or sharing (i.e. targeted advertising) of personal information under certain state privacy laws. To opt out, please visit the Cookie Preferences link located at the footer of the applicable Website.

Finally, we also may use information that you provide to us, or that we collect about you, in any other way that we may describe to you when you provide the information or for any other purpose with your consent.

We don’t use any of your Sensitive Personal Information (“SPI”) to create profiles or inferences about you to further decisions that produce legal or similarly significant effects to or on you or otherwise process SPI in a manner that’s not necessary for us to provide the Services. SPI includes information such as government identifiers, precise geolocation data, sexual orientation, racial, or ethnic origin, religious or philosophical beliefs, union membership, and citizenship and immigration status.

Use of automation 

We don’t use your personal information to create profiles or inferences about you to further decisions that produce legal or similarly significant effects to or on you. But we or our third-party providers may use certain types of automation and AI to assist us with completing forms, responding to consumer questions, or for other business purposes. Such automation may result in us or our third-party providers using your personal information during and after the interaction or mortgage transaction for origination, processing, maintenance or marketing purposes. The goal of this interaction is to facilitate our ability to provide the Services to you. Our third-party providers may use tools such as Optical Character Recognition, Computer Vision, and Call Analysis to assist in servicing your accounts, originating your loan, or processing your customer-service or support requests. We protect and use your personal information consistently with the purposes and categories of this policy, and we intend any technology that we or our third-party providers may use to operate without any improper biases. Under certain state privacy laws, you may have the right to opt out of the use of automated technology that can create profiles or inferences about you to further decisions that produce legal or similarly significant effects to or on you. Please see the section below entitled Specific state privacy rights.

5. How long do you retain my information?
We will retain your information and documentation for the retention period required by law and may occasionally retain it beyond the required period if we deem it to be reasonably necessary to fulfill an ongoing business need (e.g., account recovery), or to comply with applicable tax, legal, accounting, or regulatory requirements. 

When we have no ongoing legitimate business need to use your information, we will either delete, anonymize, aggregate, or deidentify it, or, if this isn’t possible (e.g., because your personal information has been stored in back-up archives), then we will securely store your personal information and prevent any further processing of it until it’s possible to delete it. When we dispose of personal information, we use reasonable procedures designed to erase or render it unreadable (e.g., shredding documents and wiping electronic media). The following principles help guide the length of our retention of records involving personal information:

  • Minimize retention periods to protect your privacy while adhering to governing laws and regulations
  • Maintain appropriate retention periods to ensure the support, operations, and security of our environment
  • Maintain appropriate retention periods for the business purpose for which the records were collected
  • Use legal counsel to determine when it’s appropriate to share data beyond us or third-party vendors that we contract with or concerning the preservation of data in response to litigation or law enforcement requests.

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6. With whom and how do we share your information?
We generally only share your personal information to perform the Services on your behalf and provide you with the products and services that you expect from us. In addition, to operate our business and provide you with the Services you request from us, we may share your personal information with information technology and other support service providers with which we maintain a contractual or business relationship.

Information shared in connection with the Services performed for you: We may share your personal information —such as your profile information, search criteria, username, phone number, email address, address, and co-habitant information—to facilitate and provide the Services to you and the transactions within the Services. This information sharing may include sharing your personal information with our Non-Mortgage Affiliates, owners, correspondents, agencies, investors, brokers, Agents, and our third-party partners and service providers, as applicable, to respond to your requests for, or to provide you with, the Services. These third-party partners and service providers may include advertising networks, Internet-service providers, data-analytics providers, government entities, operating systems and platforms, social-media networks, cloud-storage providers, payment processors, website-hosting providers, email-distribution providers, help-desk providers, financial and accounting providers, cybersecurity providers, customer-relationship-management (CRM) providers, and law firms.

Non-Mortgage Affiliates: We may share your personal information or other information about you with our Non-Mortgage Affiliates to develop or provide the Services to you, for our Non-Mortgage Affiliates’ everyday business purposes (information about your transactions and experiences and information about your creditworthiness), or for our Non-Mortgage Affiliates to market, present, or offer real estate brokerage, mortgage, title-and-escrow, insurance, relocation, property management, and other real estate-related services to you. The information that we may share with our Non-Mortgage Affiliates may include your name, email address, address, phone number, location data, employment information, an address of a listing that you intend to buy or rent, and other information that we request from you that’s required by law or that you provide to us or our Non-Mortgage Affiliates. We may also share your personal information with our Non-Mortgage Affiliates for fraud-prevention purposes where necessary to prevent and detect fraud.

NOTE: Under federal law, you can opt out of our sharing of your personal information with our Non-Mortgage Affiliates for their everyday business purposes (only information about your creditworthiness) and for our Non-Mortgage Affiliates to market to you. To opt out of this sharing, please see the Specific State Privacy Rights section below.

Unaffiliated Real Estate Brokerages, Settlement-Service Providers, and Agents: We may share your personal information with unaffiliated real estate brokerages, settlement-service providers, and their employees or Agents in connection with their provision of real estate brokerage or settlement services to you related to the sale, purchase, lease, or financing of properties and the advertising and marketing of those properties and related services. This sharing, if not related to and necessary for your real estate transaction, may be considered a sale under certain state data privacy laws. To opt out of this sharing, please see the Specific State Privacy Rights section below.

Other Unaffiliated Third Parties: In connection with providing the Services, we may share your personal information with unaffiliated third parties performing real estate-related services. We may also share your personal information with companies that perform marketing services on our behalf or on the behalf of our Non-Mortgage Affiliates, or to other companies with whom we or our Non-Mortgage Affiliates have joint-marketing agreements. This sharing, if not related to and necessary for your transaction, may be considered a sale under certain state data privacy laws. To opt out of this sharing, please see the Specific State Privacy Rights section below. We may share your personal information with government entities and other private entities for specific, limited purposes such as to verify identities (to detect or prevent identity theft), meet customer-service expectations, or make certain information a matter of public record. We may share your personal information with lenders, lien holders, creditors, or other third parties that claim an encumbrance or an interest in title whose claim or interest must be determined, settled, paid, or released to complete the settlement of a real estate transaction.

Third-party partners and service providers: We work with third-party partners and service providers to perform the Services on our behalf, and we may share your personal information with these third-party partners and service providers to help us provide the Services. We also may share your personal information with our third-party providers and marketing partners that perform functions on our behalf (or on behalf of our Non-Mortgage Affiliates) to administer the Services, provide us with marketing or promotional assistance, analyze our data, assist us with customer service, or offer other services and products that may be related to the purchase, sale, or financing of real estate. This sharing, if not related to your transaction, may be deemed a sale under certain state data privacy laws. To opt out of this sharing, please see the Specific State Privacy Rights section below. 

Communications: As part of receiving the Services, and subject to applicable federal and state laws, we may use your personal information to send you email, make phone calls to you, send you SMS (text) messages, or otherwise contact you regarding your mortgage transaction (including servicing your account), promotions, or marketing. By creating an account with us or by otherwise providing us with your contact information, posting information on or through the Services, or requesting that we do so on your behalf, we and our third-party providers may send you email, call you, text you, or otherwise contact you or engage in other communications with you in response to your request for or use of the Services. We will not share your text-messaging originator opt-in data and consent with any third-party companies for non-service-related purposes, including marketing; however, we may share your SMS opt-in consent with third parties that help us provide SMS services, such as platform providers and phone companies. If you want to opt out of receiving communications from us that are not related to your mortgage or related transaction, please follow the instructions in the section below entitled Can I opt out of receiving your communications not related to my mortgage or related transaction?.

Information shared in connection with business transfers: Sometimes we or our ultimate parent company HomeServices of America may buy the assets or equity interests of other businesses or sell our assets or equity interests. In these types of transactions, user and client information typically are part of the transferred business assets. In addition, if we or HomeServices of America, or substantially all our or HomeServices of America’s assets, are acquired by a third party, or if we go out of business or enter bankruptcy, user and client information may be assets that are transferred to or acquired by a third party. You acknowledge that these types of transfers may occur, and that any acquirer of us, HomeServices of America, or of our or HomeServices of America’s assets, may continue to use your personal information as set forth in this policy.

Information shared to protect us and others: We also may access, read, preserve, and share any information that we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request; (b) enforce this policy, our Terms of Use, or the California Privacy Notice that supplements this policy, including investigating potential violations of any of the foregoing; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to user-support requests; (e) protect our rights, property, or safety; or (f) protect the rights, property, or safety of other users, clients, and the public. This includes exchanging information with other companies and organizations for fraud protection and spam or malware prevention.

Sharing of aggregate and deidentified information
We may also share aggregate, anonymous, and other deidentified information related to our business and the Services for quality control, analytics, research, development and other purposes. When we share deidentified information (information that is no longer reasonably linked or linkable to an identified or identifiable natural person, household, or personal or household device) we will maintain the information in deidentified form and not attempt to reidentify the information, except as permitted by applicable laws (such as to confirm whether our deidentification processes are reasonable and adequate).

Sale of personal information: In the preceding 12 months, we may have shared personal identifiers (e.g., name, email address, telephone number, physical address) and commercial information (e.g., property details, transaction information) with our Non-Mortgage Affiliates and unaffiliated real estate-related companies for marketing purposes. Such sharing may be deemed a sale of personal information under certain state laws. To opt out of this sharing, please see the Specific State Privacy Rights section below. In the preceding 12 months, we may have shared your internet or other electronic network activity information collected via Tracking Technologies with our data-analytics providers and ad networks as described in the Tracking Technologies section below to provide targeted advertising. Such sharing may be deemed a sale or sharing under certain state privacy laws. To opt out of the sale or sharing through cookies, please visit the Cookie Preferences link located at the footer of our Websites.

7. Tracking Technologies
Besides the personal information that you provide directly to us, we also collect information from you automatically as you use the Websites via Tracking Technologies (defined above). 

We use essential, performance, marketing, and analytics cookies to collect your usage, device, and location information (determined through your IP address) when you interact with the Websites. We use this information to (a) enhance user experience on the Websites; (b) conduct analytics to improve the Websites; (c) prevent fraudulent use of the Websites and detect unlawful activity; (d) diagnose and repair website errors, and, in cases of abuse, track and mitigate the abuse; and (e) deliver targeted advertisements. Analytics and advertising cookies (i.e., the cookies that we use for targeted advertising) may be considered a sale under certain state privacy laws. To opt out of the sale or processing of your personal information for purposes of targeted advertising, please visit the Cookie Preferences link located at the footer of the applicable Websites.

Particular third-party cookies that may be employed on the Websites include the following: 

  • Google Analytics. We may use Google Analytics to collect information on your use of the Websites for their improvement. To collect this information, Google Analytics installs cookies on your browser or reads cookies that are already there (for more information about how Google collects and uses the information click here). Google Analytics also receives information about you from applications that you have downloaded or services that you use that partner with Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Websites or to another application that partners with Google is restricted by the Google Analytics Terms of Use and Privacy Policy. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on, which can be accessed here. You also can adjust your Ad Settings or change settings in your Google My Activity if you are signed into your Google Account. 
  • Google Tag Manager. Google Tag Manager is a tag-management system to manage tags used for tracking and analytics on the Websites. Tags are small code elements that, among other things, are used to manage traffic and visitor behavior and to test and optimize websites. We may use Google Tag Manager to manage and organize all third-party tags on the Websites and to control when those tags are triggered. You can view more information about Google Tag Manager’s privacy practices here. 
  • DoubleClick. We may use DoubleClick by Google to serve ads based on a user’s prior visits to the Websites. Each visitor to the Websites receives a different cookie, and the information collected by the cookie is used to generate conversion statistics and allows us to see the total number of people who clicked on ads. DoubleClick enables Google and its partners to serve ads to you based on your visits to the Websites in addition to other Internet websites. Please review Google’s Privacy Policy for additional information about how Google uses the information it collects. To opt out of targeted advertising by Google and this sharing, you can go to Google’s Ad Settings, or you can install the DoubleClick opt-out browser plugin.
  • Meta Pixel. We may use Meta Pixel to serve you ads on your social media based on your browsing behavior. Meta Pixel sets a cookie on your device that allows your behavior to be tracked after you have been redirected to the Websites by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market-research purposes and to provide targeted advertising. We don’t have access to the information collected through Meta Pixel. The information collected via Meta Pixel is stored and processed by Meta. Meta may link this information to your Facebook account and use it for its own promotional purposes in accordance with Facebook’s Data Usage Policy. You can opt out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings. 
  • TikTok Analytics. We may use TikTok Analytics to collect information about how users interact with the Websites. We may use this information to serve targeted ads based on users’ interaction with the Websites and to measure the performance of any advertising campaigns conducted through TikTok. Please review TikTok’s Privacy Policy for additional information on how TikTok uses the information it collects.

All session cookies are temporary and expire after you close your web browser. Persistent cookies can be removed by following your web browser’s directions. To find out how to see what cookies have been set on your computer or device, and how to reject and delete the cookies, please visit: https://www.aboutcookies.org/. Each web browser is different. To find information relating to your browser, visit the browser developer’s website and mobile application. If you reset your web browser to refuse all cookies or to indicate when a cookie is being sent, some features of the Websites may not function properly. If you choose to opt out, we will place an “opt-out cookie” on your device. The “opt-out cookie” is browser specific and device specific and lasts only until cookies are cleared from your browser or device. The opt-out cookie will not work for essential cookies. If the cookie is removed or deleted, if you upgrade your browser, or if you visit us from a different computer, you will need to return and update your preferences.

By clicking on the “Opt-Out” links below, you will be directed to the respective third-party website where your computer will be scanned to determine who maintains cookies on you. At that time, you can either choose to opt out of all targeted advertising or you can choose to opt out of targeted advertising by selecting individual companies who maintain a cookie on your machine. Our use of third-party marketing and analytics cookies may be considered a sale or sharing under certain state privacy laws and is also considered to be what is known as interest-based advertising (IBA). To opt out of the sale or sharing through cookies and IBA across various platforms, please visit the Digital Advertising Alliance’s YourAdChoices program tools (Your Ad Choices) or visit one of the links below. 

In general, you can also disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent.

8. Do Not Track Requests
We do not respond to Do Not Track requests. Do Not Track is a preference that you can set in your web browser to inform websites and mobile applications that you don’t want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. For more information on our cookie management, please click on the Cookie Preferences link located at the footer of our Websites.

9. Do you secure my personal information?
You are responsible for preventing unauthorized access to your account with us and your personal information by appropriately selecting and protecting your username and password and limiting access to your computer and web browser by logging off after you have finished accessing your account. We try to protect account information to ensure that it is kept private, but we can’t guarantee the security of any account information. Unauthorized entry or use, hardware or software failure, and other factors can compromise the security of user information. We store all our information—including your IP-address information—using industry-standard security measures. But we can’t guarantee or promise to you that these security measures will prevent unauthorized access to information about you—personal information or otherwise—that we store. We aren’t responsible for any security incidents that result from your use of Third Party Services, including those offered by Agents.We won’t be liable to you for any legal, financial, or other liability for security incidents caused by your use of Third Party Services or that otherwise are attributable to Agents, our Non-Mortgage Affiliates, or third-party partners or service providers.

  1. Do you secure my personal informatio
  1. Do you secure my personal information
    We do not respond to Do Not Track requests. Do Not Track is a preference that you can set in your web browser to inform websites and mobile applications that you don’t want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. For more information on our cookie management, please click on the Cookie Preferences link located at the footer of our Websites.

10. Can I opt out of receiving your communications not related to my mortgage or related transaction?
If you want to opt out of receiving communications from us that are not related to your mortgage or related transaction with us (including the servicing of your account), please use the Communication Opt Out link on our website. If you submit an opt-out request, you must provide sufficient information for us to reasonably verify your identity and to properly evaluate the request. In doing so, we will take steps to verify your request by matching the information that you provide to us with your request with the information that we have in our records. If we can’t verify your identity to process your request with the information that you have provided to us with your request, we may ask you to provide additional information.

Some telephone calls may be recorded for quality assurance, training purposes, fraud detection, troubleshooting, and complaint resolution.  If you don’t want to have your phone calls recorded, you must choose an alternative communication method such as email. Our Websites, customer-support platforms, and mobile application chats may be powered by automation and recorded for quality assurance by us and third parties. If you don’t want to have those chats recorded, you must close the chat function and choose an alternative communication method.

You can opt out of receiving email communications from us that are not related to your mortgage or related transaction with us by following the instructions included with our email communications (such as clicking on an “unsubscribe” link) or by visiting our Communication Opt Out page. 

Your opt-out requests set forth above will apply only to communications from us that are not related to your mortgage transaction with us, and not to communications from third parties, Agents, or our Non-Mortgage Affiliates, all of whom may have their own ways for you to opt out of their communications.

For Nevada Residents only: Under Nevada law, you may request, in writing, to be placed on our internal “Do Not Call List.” Nevada law also requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101. Phone 702-486-3132. Email: BCPINFO@ag.state.nv.us.

  1. Do you secure my personal informatio
  1. Do you secure my personal information
    We do not respond to Do Not Track requests. Do Not Track is a preference that you can set in your web browser to inform websites and mobile applications that you don’t want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. For more information on our cookie management, please click on the Cookie Preferences link located at the footer of our Websites.

11. Can I access, update, or delete my information?
Certain state laws give you the right to access, update, or delete information about you, and, in some cases, request that we do something else with your information. If you update your information, we may maintain a copy of the unrevised information.  Our ability to act on your request to update or delete your information is subject to applicable laws and regulations. 

  1. Do you secure my personal informatio
  1. Do you secure my personal information
    We do not respond to Do Not Track requests. Do Not Track is a preference that you can set in your web browser to inform websites and mobile applications that you don’t want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. For more information on our cookie management, please click on the Cookie Preferences link located at the footer of our Websites.

12. What happens if we change this policy?
We may change this policy from time to time. The version of this policy in effect when we collect your information will apply to our use and sharing of that information, unless we receive your consent to use it for another purpose. In the latter case, the version of the policy in effect at the time of our later use or sharing of the information will apply to that use or sharing. If we make material changes to this policy, we will post an updated version of this policy. Your continued use of the Services after we post a new version of this policy will constitute your acceptance of the changes.

13. Contact us
If you have any questions regarding this policy, please send us a detailed message to privacy@phmloans.com.

14. Do you secure my personal information?
We don’t knowingly collect, retain, use, or share personal information of anyone under the age of 18 years old.

15. Processing Location; International Users; European Data Protection Laws
We are located in the United States and process your personal information in the United States. The Websites, applications, and platforms are hosted by servers in the United States. If you are located outside of the United States and access the Websites, applications, or platforms, or if you request or use the Services, your personal information may be transferred to the United States or to other jurisdictions where we or our service providers have operations, and your personal information may be subject to disclosure to the governments, courts, or law enforcement or regulatory agencies of those jurisdictions upon transfer. Some of these jurisdictions—including the United States—may not provide the same level of data protection as your home country. By submitting your personal information through the Websites, applications, or platforms, or requesting or using the Services, you consent to its transfer to the United States and to its storage, processing, and use in the United States in accordance with this policy.

We don’t target the Services towards consumers located in the U.K. and European Union, and we don’t intend the Websites to be affirmative solicitations to consumers located in the U.K. or European Union. But if and to the extent that some consumers located in the U.K. or European Union (EU) access or use the Services, they might have, subject to certain exceptions, certain rights under the “European Data Protection Laws” defined below.

If you believe that you have rights under the European Data Protection Laws and want to submit a request under those laws, please see the Specific State Privacy Rights section below. Please attempt to resolve any issue or request with us first, although you have a right to contact your applicable supervisory authority at any time.

European Data Protection Laws means any privacy or data-protection laws, regulations, and binding guidance in Europe (European Economic Area, United Kingdom, Switzerland) that apply to the Processing of Personal Data, or to the privacy of electronic communications, including, but not limited to, (a) the General Data Protection Regulation (EU) 2016/679 (“GDPR”); (b) the EU e-Privacy Directive (Directive 2002/58/EC); (c) with respect to the United Kingdom, the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and the GDPR as saved into United Kingdom law by virtue of Section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (the “UK GDPR”); (d) the Swiss Federal Data Protection Act (“Swiss Data Protection Act”); and (e) any legislation or regulations implementing, replacing, amending, or made under such laws (in each case as may be amended or superseded from time to time).

16. Specific state privacy rights
If you are a California resident, please review the additional terms in the California Privacy Notice that supplements this policy. Residents of Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Nevada, Oregon, Rhode Island, Tennessee, Texas, Utah, Vermont, and Virigina also are entitled to certain rights under their respective state’s comprehensive data privacy laws. If you are a resident of one of these states, and if and to the extent that your state’s comprehensive data privacy law applies to our processing of your personal information, you are entitled to the following rights:

  • Right to access/know. Subject to certain exceptions, you have the right to request what personal information about you we have collected, used, shared, or sold. If providing you with this information, for example, reveals any of our trade secrets, we may deny your request for this information. You have the right to exercise this right once every 12 months.
  • Right to deletion. Subject to certain exceptions, you have the right to request that we delete the personal information about you that we have collected or maintained. If we are required by law to retain the information that you are asking us to delete, for example, we can’t delete the information until we are legally permitted to delete it.
  • Right to correct. You have the right to request that we correct inaccurate personal information that we have collected or maintain about you.
  • Right to opt out. You have the right to opt out of our processing of your personal information for the purposes of (a) targeted advertising; (b) profiling through solely automated decision-making; and (c) the sale of your personal information to third parties. We don’t have actual knowledge that we sell or process the personal information of minors under the age of 18 for purposes of profiling or targeted advertising.
  • Right to data portability. You have the right to request that we transfer the personal information that you gave us from one organization to another or give it to you. You can exercise this right no more than two times in any 12-month period.
  • Right to nondiscrimination. You have the right to be free from discriminatory treatment if you exercise your privacy rights.
  • Right to appeal. You may have the right to appeal our refusal to act on your request to exercise your privacy rights above. To appeal our refusal to act on your request, please email us at privacy@phmloans.com, with a subject line of “Appeal My Consumer Request.” We will review your appeal and notify you of our response. If we still refuse to act on your request, you may have the right to file a complaint with a state regulator if you are a resident of certain states. If you are concerned with our response to your appeal, and you are a resident of the states below, you may submit a complaint to the following state regulators:

Colorado Attorney General
Connecticut Attorney General
Delaware Attorney General
Indiana Attorney General
Iowa Attorney General
Kentucky Attorney General
Maryland Attorney General
Minnesota Attorney General
Montana Attorney General
Nebraska Attorney General
New Hampshire Attorney General
New Jersey Attorney General
Oregon Attorney General 
Rhode Island Attorney General
Tennessee Attorney General
Texas Attorney General
Virginia Attorney General

Exercising Your Privacy Rights 

If you are a resident of one of states listed above and want to exercise your privacy rights, you can submit a request by visiting My Privacy Choices or by emailing us at privacy@phmloans.com. To opt out of the sale or sharing of data through cookies or the processing of your personal information for purposes of targeted advertising online, please visit the Cookie Preferences link located at the footer of the applicable Website. 

If the browser or extension that you (or person that you authorize to act on your behalf (your “Authorized Agent”) are using supports Global Privacy Control (GPC) (click here for information about GPC), you can use the GPC opt-out preference signal to instruct us not to sell or share any of your personal information collected online. The GPC opt-out preference signal will apply to only the computer, device, platform, or browser that you use to access the Websites. You can use the GPC opt-out preference signal by turning on the signal on your computer, device, platform, or browser settings. You must opt out on each computer, device, platform, and browser. 

If you submit a request by visiting My Privacy Choices or by email, you must provide us with sufficient information for us to reasonably verify that you are the person about whom we collected the personal information and describe your request with sufficient detail for us to properly evaluate and respond to it. In doing so, we will take steps to verify your request by matching the information that you provide us with your request with the information that we maintain in our records. If we can’t verify your identity to process your request with the information that you provide us with your request, we may ask you to provide additional information.

Only you, or your Authorized Agent, can make a request related to your personal information. If you are an Authorized Agent making a request on behalf of another person, you must provide us with signed documentation that you are authorized to act on behalf of that person.

Vermont Residents Only: As an “opt-in” state, Vermont’s Privacy of Consumer Financial and Health Information Regulation and the Vermont Fair Credit Reporting Act give Vermont consumers certain rights that aren’t disclosed in this policy. Financial institutions can’t share a Vermont consumer’s nonpublic personal financial information with a nonaffiliated third party without the consumer’s written, or if the consumer agrees, electronic authorization. We treat all consumers with a Vermont mailing address as if they have limited sharing with nonaffiliated third parties. For joint marketing, we can only disclose your name, contact information, and information about your transactions and experiences with us. The Vermont Fair Credit Reporting Act prohibits us and our Affiliates from obtaining information about a Vermont consumer’s creditworthiness without first obtaining the consumer’s consent. We treat all consumers with a Vermont mailing address as if they have limited sharing with our Affiliates, except when a Vermont consumer has opted in to such sharing and has not thereafter revoked their opt-in choice.

17. Do you secure my personal information?
Electronic communications such as email, text messages, and social-media messaging are neither secure nor confidential. Although we have adopted policies and procedures to aid in avoiding fraud, even the best security protections still can be bypassed by unauthorized parties. We will never send you any electronic communication with instructions to transfer funds or to provide nonpublic personal information such as credit card or debit numbers or bank account or routing numbers.

YOU SHOULD NEVER TRANSMIT NONPUBLIC PERSONAL INFORMATION SUCH AS CREDIT OR DEBIT CARD NUMBERS OR BANK ACCOUNT OR ROUTING NUMBERS BY EMAIL, TEXT MESSAGE, OR OTHER UNSECURED ELECTRONIC COMMUNICATION. EMAILS OR TEXT MESSAGES ATTEMPTING TO INDUCE FRAUDULENT WIRE TRANSFERS ARE COMMON AND MAY APPEAR TO COME FROM A TRUSTED SOURCE.

If you receive any electronic communication directing you to transfer funds or provide nonpublic personal information, EVEN IF THAT ELECTRONIC COMMUNICATION APPEARS TO BE FROM US OR OUR NON-MORTGAGE AFFILIATES, don’t respond to it and immediately contact us. Such requests, even if they may otherwise appear to be from us or our Non-Mortgage Affiliates, are likely part of a scheme to defraud you by stealing funds from you or using your identity to commit a crime.

18. Effective Date
This policy is effective as of September 1, 2025. This policy was last updated on September 1, 2025.

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Prosperity Home Mortgage LLC.  (877) 275-1762. 3060 Williams Drive, Suite 600, Fairfax, VA 22031.  All first mortgage products are provided by Prosperity Home Mortgage, LLC. Not all mortgage products may be available in all areas. Not all borrowers will qualify.
2025 Prosperity Home Mortgage LLC.  All rights reserved.  NMLS ID #75164.  Equal Housing Opportunity.
Licensed in 48 states and the District of Columbia.  For licensing information, please visit Licensing & Disclosures.  (http://www.nmlsconsumeraccess.org ).
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