Privacy Pledge
Last Updated: February 12, 2021
Maxwell Financial Labs, Inc. (“Maxwell” or “we”, “us”, or “our”) is committed to privacy and will only use information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device (“Personal Information”) in accordance with the terms of this Privacy Pledge (this “Pledge”).
This Pledge describes how we collect, use, protect and disclose Personal Information we obtain from you when you visit the websites that we own or control (today or in the future), including https://himaxwell.com/ (collectively, the “Sites”), you use the mobile applications we own or control (today or in the future) (collectively, the “Applications” or “Apps”), and when you use any services we provide through the Sites or the Apps (collectively, together with the Sites and the Apps, the “Services”). You can access the Sites in many ways, including from a computer or mobile phone, and this Pledge will apply regardless of the means of access. This Pledge also governs the use of Personal Information we obtain from you from any third party site or application where we post content or invite your feedback or participation. Maxwell cannot control the privacy policies or practices of sites or companies that we do not own or control and cannot control the actions of people we do not employ or manage.
Please read this Pledge carefully. This Pledge is a legally binding contract between us and anyone who accesses or uses any of the Services. This Pledge is incorporated into and is subject to our Terms of Use for the applicable Site or Application. In the event of a conflict between this Pledge and such Terms of Use, the Terms of Use will control. If you have any questions about this Pledge, please e-mail us at askmax@himaxwell.com. If you do not want us to collect, use, or share your information in the ways described in this Pledge, please do not use the Services. By using the Services, you consent to the collection and use of your information (including Personal Information) by us as identified in this Pledge.
I. Information We Collect
Information we Collect From You
In order to use some of our Services, we ask you to provide certain Personal Information and in some cases require you to register for an account. Where applicable, we indicate whether you must provide us with your Personal Information in order to use the Services you want to use. If you do not provide the Personal Information, you may not be able to benefit from our Services if that information is necessary to provide you with the applicable Services or we are legally required to collect it.
When you register for an account, we may access and collect the Personal Information you provide, such as your name, contact information (including your mailing and billing addresses), e-mail address, social security number, date of birth, phone number, username and password. We may also collect from you information such as your mortgage statements, tax returns, paystubs, bank statements, and any other documents that you upload to our Sites and Apps for our Services. We may also ask for additional Personal Information including your mobile phone number and your credit or debit card number or other financial account number. We will also collect and maintain information about all transactions associated with your account.
Some of our Services involve the collection and storage of financial and related information, such as (1) outstanding loans or other financial obligations, financial account balances, payment histories, account activity, and other information that may be contained in statements or other reports relating to your debts and assets, (2) information from consumer reporting agencies and other sources, such as your credit bureau reports, collection agency reports or other communications, and other information relating to your payment histories, creditworthiness, annual income, and/or ability to satisfy your obligations, and (3) your income range. This information will only be collected if applicable to your use of the Services and will be collected and stored in accordance with this Pledge, all applicable laws and, where required, with your consent and/or at your instruction.
When you use some of our Services, you may choose to provide certain information directly to us to request more information about our Services or for other reasons. We will collect, use, share and store this Personal Information consistent with this Pledge.
Personal Information Collected from Third Parties
We may collect your Personal Information from third party affiliates or business partners such as social media sites, ad networks, analytics providers, loan officers, borrowers, or real estate agents. If you are a borrower and you have instructed your loan officer or real estate agent not to provide us with Personal Information, you will not be able to use certain features of our Sites or utilize our products or services.
If you are a borrower, we may also collect other information about you from loan officers or real estate agents that utilize our products and services, which does not constitute Personal Information, including, but not limited to (1) income range, (2) appraised value of your property, (3) statistics about your property, (4) property purchase price, (5) loans you may have, (6) expenses related to your property, (7) information about your use of the Sites, and (8) information related to your credit history.
Personal Information Automatically Collected
When you use our Sites and Applications, our servers automatically record information that your browser or device sends whenever you visit a website or utilize an application. This information may include your IP address, the type of device you are using, the internet service provider or mobile carrier you are using, your device identifiers, your mobile telephone number, your geographic location and your activities within the Services, including the links you click, the pages or screens you view, your session time, the number of times you click a page/screen or use a feature of the Services, the date and time you click on a page or use a feature and the amount of time you spend on a page or using a feature.
Like many websites, our Sites also use “cookie” technology to collect additional website usage data and to improve the Sites and our Services. A cookie is a small data file that we transfer to your computer’s hard disk. A session cookie enables certain features of the Sites and is deleted from your computer when you disconnect from or leave the Sites. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Sites. We may use both session and persistent cookies to better understand how you interact with our Sites, to monitor aggregate usage by our uses and web traffic routing on our Sites, and to improve our Sites and Services. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all of the services or functionalities of the Sites. For more information about cookies, including how to set your internet browser to reject cookies, please go to www.allaboutcookies.org.
We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or after you visit our Sites, the pages or other content you view or otherwise interact with on our Sites and the dates and times that you visit, access or use our Sites. We may also use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on or forwarded a message, to the extent permitted under applicable law.
Please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.
Information Collected by Third Parties
We may display third-party content on the Sites, including third-party advertising. Third-party content may use cookies, web beacons or other mechanisms for obtaining data in connection with your viewing of the third-party content on our Sites. Additionally, we may implement third-party buttons, such as Facebook “share” buttons, that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Maxwell. Please consult such third party’s data collection, use and disclosure policies for more information.
For more information on the “cookies” and other technologies on the Sites, please read our Cookie Policy.
Links to Other Websites
Our Sites may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer or mobile device, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third party sites or services to which links or access are provided through our Sites. We encourage you to read the privacy policies or statements of the other websites you visit.
II. How We Use the Information We Collect
Non-Marketing Purposes
We may use the information we collect for non-marketing purposes including (1) validating your identity; (2) sending you push notifications or e-mails to provide you with alerts and updates about your account and our Services; (3) processing your transactions; (4) conducting statistical or demographic analysis; (5) complying with legal and regulatory requirements; (6) customizing your experience with the Services; (7) protecting and defending Maxwell and its affiliates against legal actions or claims; (8) preventing fraud; (9) debt collection; (10) satisfying contractual obligations; (11) cooperating with law enforcement or other government agencies for purposes of investigations, national security, public safety or matters of public importance when we believe that disclosure of Personal Information is necessary or appropriate to protect the public interest; (12) improving customer service; and (13) for other business purposes permitted under applicable law (collectively, “Non-Marketing Purposes”).
Marketing Purposes
We may use the Personal Information we collect for our own marketing purposes including notifying you of special promotions, offers and events via push notifications, email and other means, including SMS messaging, subject to compliance with applicable laws. We may also link Personal Information (including your name, mobile phone number, and email address) with non-personal information (including Personal Information automatically collected as described in this Pledge) and use such information for our own marketing purposes. If you do not want to use your Personal Information for marketing purposes, you may opt-out in accordance with the procedures described in the “Managing Your Personal Information” section below.
IF YOU PROVIDE A CELL PHONE NUMBER AND EXPRESSLY CONSENT TO RECEIVE SMS MESSAGES FROM MAXWELL, YOU EXPRESSLY CONSENT TO RECEIVING SMS MESSAGES FROM MAXWELL, THE PURPOSE OF WHICH IS TO MARKET MAXWELL AND OUR SERVICES. ALTHOUGH THERE IS NO FEE ASSOCIATED WITH THIS SERVICE, YOUR CARRIER MAY CHARGE YOU FOR EACH MESSAGE YOU RECEIVE IN ACCORDANCE WITH YOUR CALLING PLAN. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR SUCH CHARGES. IF YOU DO NOT WISH TO CONTINUE TO RECEIVE ANY MARKETING SMS MESSAGES VIA YOUR MOBILE DEVICE, YOU MAY OPT-OUT AT ANY TIME BY CONTACTING US AT askmax@himaxwell.com OR BY TEXTING “STOP” IN RESPONSE TO A MARKETING SMS MESSAGE YOU RECEIVE FROM MAXWELL. FAILURE TO OPT-OUT CONSTITUTES YOUR CONSENT TO CONTINUE TO RECEIVE THESE MARKETING SMS MESSAGES UNTIL YOU ELECT TO OPT-OUT.
Other Purposes
For business purposes, we may share certain Personal Information we receive from and about you, and about your transactions with us, with our affiliates and certain third parties. Doing so allows us to provide the Services you request. If you are a borrower, we will share your Personal Information to provide you with our Services with your lender and/or real estate agent, as described in the Terms of Service. If you are a lender, we will share your Personal Information to provide you with our Services with borrowers and real estate agents. Finally, if you are a real estate agent, we will share your Personal Information to provide you with our Services with borrowers and lenders.
We may also share your Personal Information with the following third parties:
Third Party Service Providers
Your Personal Information may be shared with or collected by third party service providers who provide us with services, including, but not limited to, facilitating mailing information and services, data hosting or processing, credit card processing, or processing or fulfilling transactions. We require these third party service providers to exercise reasonable care to protect your Personal Information and restrict their use of your Personal Information to the purposes for which it was provided to them.
We may also allow third party service providers to use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Services. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and Apps and enhance your experience when you use the Services.
Anonymous Information
We may provide anonymized information to third parties. Any anonymized information we provide to third parties is not considered Personal Information and is not subject to the terms of this Pledge.
Sale of our Business; Bankruptcy
In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us. We reserve the right, in connection with these types of transactions, to transfer or assign your information and other information we have collected from our customers to third parties or to authorize third parties to use any such information retained by us. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Pledge. However, any information you submit or that is collected after this type of transfer may be subject to a new Privacy Pledge adopted by the successor entity.
Compliance with Laws and Law Enforcement
Maxwell cooperates with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against legal claims, for legal process (including subpoenas), to protect the property and rights of Maxwell or a third party, to protect Maxwell against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Services and any equipment used to make the Services available, or to comply with applicable law.
Other Users
Some of our Services allow you to communicate and collaborate with other users of our Services through the mortgage process. As a result, depending on your use of our Services, we may provide your Personal Information to other users of the Services that you interact with or otherwise authorize us to provide your Personal Information to.
IV. Managing Your Personal Information
You may decline to share certain information with us, in which case, we may not be able to provide you some of the Services we offer. To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Email Opt-Out
From time to time (and with your consent when required), you may receive periodic mailings or emails from us with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from us or on our behalf. If at any time you wish to stop receiving emails or mailings from us please send us an email to meetmax@himaxwell.com with the phrase “Privacy Opt-Out: Maxwell Social Mailings” in the subject line, or write to us at the address provided below, and we will remove you from our mailing list.
Alternatively, for email communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth in most promotional email message from us. Your unsubscribe request or email preferences change will be processed promptly, though this process may take several days. During that processing period, you may receive additional promotional emails from us.
Marketing/Joint Marketing Opt-Out
If you wish to opt-out of receiving solicitations from us, or do not want us to share your Personal Information with Maxwell’s affiliates or partners for marketing purposes, you may email us at meetmax@himaxwell.com, call 888-256-6067, or write to:
Maxwell Financial Labs, Inc.
518 17th St. Suite 950
Denver, CO 80202
Behavioral Advertising Opt-Out
If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your Personal Information. To do so please visit the NAI Opt-Out Page: http://www.networkadvertising.org/choices. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you are browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
V. Security
Maxwell is committed to protecting the security of the Personal Information you provide to us and that we collect about you. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. Our safeguards vary based on the sensitivity of the information that we collect and store. Additionally, our Services are designed to comply with the laws applicable to the highly regulated financial services industry. This includes utilizing practices and measures that are designed to comply with the requirements for safeguarding, using and protecting personal information as set out in laws such as the Gramm-Leach-Bliley Act of 1999 and the Real Estate Settlement Procedures Act.
Nevertheless, when disclosing Personal Information, you should remain mindful that there is an inherent risk in the use of email and the internet. Your information may be intercepted without our consent, collected illegally and used by others without your consent. We cannot guarantee the security of any information you disclose online, and you do so at your own risk. We recommend that you change your password periodically. You are responsible for maintaining the security of your account username and password. If you believe that your account username and/or password have been stolen or been made known to others, it is your responsibility to immediately contact us at help@himaxwell.com and change your password. We are not responsible if someone else accesses your account through information they have obtained from you.
VI. Underage Persons
The Services are for use by persons who are at least 18 years of age. If you are younger than 18, you may not access, attempt to access, or use the Services. We do not knowingly collect or allow the collection of Personal Information via the Services from persons underage, pursuant to applicable law and regulations. We do not knowingly collect or allow the collection of Personal Information via the Services from persons under the age of 13. If we learn that we have collected the Personal Information of someone under the age of 13, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 13 and discover that your child has submitted Personal Information, you may contact us at askmax@himaxwell.com and ask us to remove your child’s Personal Information from our systems.
VII. International Users
The Sites and Apps are only intended for residents of the United States. If you are not a resident of the United States, please do not provide us with any Personal Information.
VIII. California Privacy Rights
If you are a resident of the State of California in the United States, please visit our California Privacy Pledge for additional California-specific privacy disclosures
IX. Changes to this Pledge
We may revise this Pledge from time to time in our sole discretion. We will notify you of any material revisions by placing notice of the revised Policy on our website or any place through which you access the Services. Your continued access or use of the Services following any amendments to the Policy constitutes your acceptance of the Policy as amended. It is your sole responsibility to monitor our website for changes to the Policy.
X. Contact Us
If you would like to update or correct your information or modify your communication preferences, or if you have questions regarding our Privacy Pledge or the use of information collected, you can contact us:
Phone: 888-256-6067
Email: askmax@himaxwell.com
Mail:
Maxwell Financial Labs
518 17th St. Suite 950
Denver, CO 80202