Updated June, 2020
When we refer to “BWE,” “we,” “us” or “our,” we mean Bellwether Enterprise Real Estate Capital, LLC or the specific division, subsidiary or affiliate that operates this Site, provides its content or processes information received through it, each as appropriate and applicable. When we refer to “you” or “your,” we mean the person accessing this Site. If the person accessing this Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
Use of our Site and BWE’s services is strictly limited to persons who are of legal age in the jurisdictions in which they reside. You must be at least eighteen (18) years of age to use our Site and BWE’s services.
Although we market our site to those over eighteen (18) years of age, in compliance with the Children’s Online Privacy Protection Act (“COPPA”), BWE will not knowingly accept any information from an individual under the age of thirteen (13) years. Any information that BWE may receive from any individual who is reasonably believed to be under the age of thirteen (13) years will be deleted. If you are under the age of thirteen (13) years, please do not provide any Personal Information through the Site. If you are under the age of thirteen (13) years and have already provided Personal Information through the Site, please have your parent or guardian contact us immediately using the information below so that we can remove such Personal Information from our files.
I. The Types of Information We Collect
The web servers that serve the Site may gather certain navigational information about where visitors go on our Site and information about the technical efficiencies of our Site and services. In the process of gathering navigational information, anonymous information may be collected which will provide information regarding a visitor’s use of our Site. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual. Examples of anonymous information may include information about your Internet browser, domain type, service provider and internet protocol (“IP”) address information collected through tracking technologies (see “How We May Collect Your Information,” below, and our California Consumer Privacy Protection Act Policy for additional information regarding our use of tracking technologies) and aggregated or de-identified data.
In order to operate the Site and provide you with information, products and services that may be requested by or of interest to you, we may also collect and retain Personal Information. “Personal Information” refers to information that identifies (whether directly or indirectly) a particular individual, such as information you provide on our forms, surveys, applications or similar online fields. Examples of Personal Information can include, but may not be limited to, your name, postal address, e-mail address, telephone number, Social Security number, date of birth or financial information (e.g., passwords, bank and other financial institution account numbers and billing address) and demographic information (e.g., zip code, hometown, gender, financial transaction history information and age).
II. How We May Collect Your Information
INFORMATION YOU PROVIDE TO US
We collect Personal Information from you or about you when you provide this information to us directly. For example, we may obtain Personal Information when you request information, products or services from or otherwise interact with us.
We may also gather such Personal Information through your access to your accounts online, as well as your asking questions through our “Contact Us” section. Personal Information that we may collect about you through online interaction includes information that you input, such as your name, address, e-mail address and other contact information. We may also collect data resulting from your activity, such as transaction information.
YOUR IP ADDRESS
Like most e-commerce websites, each time you visit any Site, we may automatically collect your IP address and the web page from which you came. In order to administer and optimize the Sites for you and to diagnose potential issues with our Site, we may use your IP address to help identify you and to gather broad demographic information about you. We may also supplement this information with Site traffic information that is collected automatically when you visit our Site, and with information acquired from our joint marketing partners, third parties and our affiliated companies.
PIXEL TAGS, WEB BEACONS, CLEAR GIF’S AND OTHER SIMILAR TECHNOLOGIES
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may use clickstream data as a form of non-Personal Information to anonymously determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors.
We or our hosting provider may collect traffic information from visitors for statistical analysis and Site improvement. When you access the Sites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.
LOCATION TRACKING ON MOBILE DEVICES
Certain applications on mobile devices may transmit information to us about your location when you request information from them. We may use that information to improve the products and services we provide to you as well as to improve our services generally in your area.
INFORMATION OTHER WEBSITES COLLECT FROM YOU
III. How We Use Your Personal Information
We may use your Personal Information to help us improve our product and service offerings, improve the Site’s functionality process queries on the Site, to contact you when necessary in connection with products or services you accessed or inquired about via the Site, to provide you with account login credentials, and to send you information, offers and other promotional materials from us and selected third parties.
We may use your e-mail address to provide customer service information or answer your questions and requests. We may also occasionally send you our e-mail updates, notifications or other information about our products and services or about the products and services of our affiliated companies. We may share your e-mail address with our affiliated companies to enable them to send you e‑mails directly regarding their products and services, sales and other promotions. We include information in each commercial e‑mail that allows you to opt out of receiving future communications.
If you provide us with your phone number, you may receive telephone contact from us for customer service purposes, and to assist us in responding to your requests and questions. We may retain this information for business and marketing purposes and to help us with future requests from you. We may occasionally use your phone number to contact you with updates or other promotional information about our products and services or those of our affiliated companies in which you may be interested. We may also make your Personal Information available to our affiliated companies to enable them to contact you directly with their promotional information, such as information about their products and services, sales and other promotions.
By engaging in any kind of activity on the Site that uses financial information, you consent to our using your financial information, or providing your financial information to our service providers and to such third parties as we determine is necessary, to process your transactions. These third parties may include banking institutions used to process these transactions. Any of these various third parties are authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.
We may use demographic information to tailor the Sites and communications to the interests of our users. We may share anonymous, aggregated (grouped) demographic information with our advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. If you consent to have us share, or we are otherwise allowed to share, your Personal Information, as described herein, then the demographic information that we provide to third parties may be linked to your Personal Information so that such third parties will be able to know about your demographic information on a non-anonymous basis.
IV. Disclosure of Information
We do not sell, trade, or rent any of your Personal Information.
We may also provide your Personal Information and other information that you have provided to us through the Site to other companies (“Agents”) that provide services to help us with our business activities such as to host or maintain our Site; for data processing services; to provide website or data security; to provide operational, analytical or reporting services; or to provide technical support. In connection with providing those services to BWE, an Agent may have access to your Personal Information. Such Personal Information will be treated as private and confidential by such Agents and will not be used for any purpose other than as BWE authorizes, and it will not be disclosed by the Agents to any third party.
BWE may disclose your Personal Information when required by subpoena, court order or other legal process, or if it has a good-faith belief that disclosure is necessary to (a) comply with any applicable federal, state or local law or regulation, (b) assist government enforcement agencies, (c) investigate, prevent or take action in connection with suspected or actual illegal activities, (d) investigate suspected or actual violations of BWE’s rights, (e) protect the rights, property or safety of BWE and its customers or employees, or others, (f) investigate and defend against any third-party claims brought against BWE or (g) protect the security and integrity of our Site.
We consider the information that you provide to us to be a business asset of ours.
We may also disclose personal, financial and other information that you have provided to us to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control.
Please note that no attorney/client relationship exists between us, and therefore no communication between us, or information you provide to us or input via use of a Site, will be subject to any confidentiality obligation or privilege against disclosure.
BWE reserves the full and unrestricted right to use and disclose anonymized information; aggregated information or publicly available information that has not been combined with nonpublic Personal Information for purposes including, but not limited to, BWE’s internal use and research.
V. Authorized Third Parties
VI. Supplementation of Information
We may supplement the information we receive from you with other information we receive from third-party sources or clearinghouses. Thus, information we obtain through the Site may be intermingled with and used in conjunction with information obtained through sources other than our Site, including both offline and online sources.
VII. Information Ownership
We are the sole owner of the user information collected through the Sites. We may collect information from users at several different points on the Sites.
VIII. Account and Password Security
You may receive a unique username and password (“Access Codes”) upon completing a registration process for certain portions of the Site. It is your responsibility to safeguard and protect your Access Codes and to monitor use of these Access Codes for all purposes. You accept all responsibility for maintaining the security of your Access Codes and for all utilization of the Site via your Access Codes, with or without your knowledge or consent. You agree to (a) immediately notify BWE of any unauthorized use of your Access Codes or any other breach of security; (b) ensure that you exit from your account at the end of each session; and (c) notify BWE immediately if you have lost your Access Codes or wish to terminate your access or have these Access Codes changed.
IX. BWE Licensing Disclosure
BWE entities hold various regulatory licenses for nationwide lending, brokering and servicing activities. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A DEFENSE TO, OR A WAIVER BY BWE OF, ANY RIGHTS BWE HAS UNDER ANY LOAN DOCUMENT OR OTHER AGREEMENT OR APPLICABLE LAW, RULE, REGULATION OR REQUIREMENT.
X. Our Security Precautions; Geographic Location of Information
BWE will take reasonable precautions to protect Personal Information provided to us through the Site from loss, misuse, unauthorized access, disclosure, alteration and destruction. BWE has put in place appropriate physical, electronic and managerial procedures to safeguard and secure such Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. Our security and privacy policies are periodically reviewed and enhanced as necessary.
While BWE strives to undertake reasonable and necessary efforts to secure Personal Information provided to us through the Site, even such security measures do not guarantee the security of all Personal Information, and BWE cannot guarantee that the Personal Information it collects, uses and retains will be protected in all circumstances, including those beyond BWE’s reasonable control. BWE will not be and is not liable for disclosures of your personal information due to errors in transmission, networks that we do not control, or unauthorized acts of third parties.
Particularly sensitive information is encrypted. You can usually tell whether encryption is being used by noting the “locked” or other status indicator on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g., by displaying a lock, a key or a similar icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session. Your information may be transferred to and maintained on computer networks that may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
XI. International Users
XII. California Users:
Link to California Consumer Privacy Act Policy
XIII. Notice Regarding Unauthorized Access or Disclosure of Personal Information
For the purposes of any applicable law regarding notification of persons whose Personal Information was, or is reasonably believed to have been, acquired by an unauthorized person, any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax or mail (including a notice printed in an available area of a bill or statement) or by posting a notice on the Site. The specific means used is up to us, and we will use our best judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as an e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. BY USING THE SITE(S), YOU AGREE TO THIS MEANS OF NOTIFICATION.
XIV. Site and Service Updates
We may send to you updates and service announcements about our Sites, but you may not un-subscribe or opt not to receive such announcements because such announcements contain important information about the products and services offered through the relevant Site(s).
XV. Correcting or Updating Personal Information
If your Personal Information changes or if you have reason to believe that your Personal Information as we maintain it is incorrect and you are unable to change your Personal Information by logging into your account, you may contact us here, and we shall attempt to accommodate all reasonable requests for such changes. Note that some information may be changed only by contacting the administrator of the Site.
You may additionally opt out of receiving e‑mail communications by using the opt-out instructions included in an e‑mail you may receive from us.
Please note that changing or deleting your information through the Sites, or otherwise opting out of receipt of e‑mail communications from us and third parties, will only change or delete the data in our database for purposes of transacting future business on or relating to the Sites and for managing future communications from us and third parties. These changes and deletions will not change or delete information collected or submitted pursuant to the Customer Agreement, or information already collected as part of a product or service purchase in our transactions database which may be shared with our third-party service providers regardless of your email preferences. However, please see also our California Consumer Privacy Act Policy for specific information related to the exercise of right to delete information for California residents.
XVII. How long we keep Personal Information
BWE will keep your personal information until such time as it is no longer expected to be used for any legal and legitimate purpose and otherwise in accordance with all applicable laws. At the appropriate time, we will take commercially reasonable steps to destroy your personal information or ensure that it is de-identified, except as it is required to be retained to satisfy legal and/or regulatory requirements.
XVIII. Response Times
We will use commercially reasonable efforts to make any changes you request. Many such changes may be accomplished using batch processing (i.e., collecting a number of similar change requests and making all such changes at once), so the changes may not be immediately effective. If you require an immediate change to your Personal Information and are unable to make such a change using the available Site resources, please contact us.
XX. Contact Us
Bellwether Enterprise Real Estate Capital LLC
1375 E. 9th Street, Suite 2400
Cleveland, OH 44114
Attn: Privacy Officer