Privacy and Security Statement

DEFINED TERMS.

“Personal Data” is personal and/or confidential information that relates to you and your account, agreement, or contract with Equiant.  Equiant does not service loans or process related data originating in, collected in or regarding countries outside the United States, and in particular regarding EU residents. Therefore, unless specifically defined under the applicable EU General Data Protection Regulation (GDPR) or similar applicable directive, Personal Data does not include data of EU residents.

“Communications” are any non-confidential and non-proprietary communications information, except for Personal Data, that you transmit to the Site by electronic mail or otherwise, including data, questions, comments and/or suggestions.

“Personal Information” is any Communication where you knowingly enter your personal information such as your name, address, social security number, or telephone number.

“Non-Personal Information” is any Communication derived from your connection to the Site, such as your Internet browser, domain name and referrer link.

“Client” is any resort, lender or otherwise user that has a contractual agreement with Equiant to use the Equiant platform or Site.

All Communications, except for Personal Data, will be treated as non-confidential and non-proprietary, will become the property of Equiant and may be used for purposes described herein.

Information Collection.

If you are authorized to use this site (see prohibition regarding EU residents below) the following sections apply.  In general, you can visit the Site while remaining anonymous by not providing any Personal Information. In some cases, non-personal information may be automatically collected, such as your Internet Browser, computer operating system, domain name of your Internet service provider, and/or the Web site from which you linked to our Site.

Personal information about you (e.g., your name, address, telephone number, social security number, and/or email address) will not be collected unless you provide it to us voluntarily. For example, Equiant retains e-mail addresses of visitors who respond the Site’s e-mail forms, online forms, registration forms, and surveys. Equiant also retains information about the frequency of Site visits, length of time of the visit, and aggregate information on which Site page visitors access.

Equiant sends all Internet visitors “Cookies”. A Cookie is a small data file sent by the Site to your browser, which may then be stored on your hard drive. Equiant’s cookie enables the Site to recognize you if you have a Equiant account or have utilized certain Site features. In addition, the Cookie may recall information so that you do not have to re-submit it, and also automatically update Site information. If available, you may program your browser software to notify you of attempts to send cookies and/or you may decline or delete them.

When you perform a search with Equiant’s search engine, Equiant presently does not record information identifying you or linking you to the search performed. As necessary to provide service, Equiant does record limited information for every search request and uses that information only to solve technical problems with the Site, to calculate overall usage statistics, and to improve the structure and content of the Site.

Equiant will primarily use Communications to respond to your request(s). Equiant may use Personal Information for editorial and feedback purposes, marketing and promotional purposes, reproduction, disclosure, transmission, publication, broadcast or posting, and for a statistical analysis of users’ behavior. Furthermore, Equiant retains the right to use ideas, concepts, know-how, or techniques contained in any Communications you send to the Site for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. Non-personal Information may be aggregated for internal review and used to improve the Site’s content and its structure.

Equiant does not distribute Personal Data or Communications to third parties. Equiant will not voluntarily share, rent, sell or otherwise disclose information obtained from visitors to the Site (whether Personal Data or Communications) to third parties, except to the extent appropriate for your communication. For example, it is necessary to use personal data in connection with loan or employment applications.

When you choose not to provide a personally identifiable Communication, we may not be able to respond to your request. You may receive an error message displayed on your browser. Further, visitors to the Site have the ability and right to exit and not continue to remain in a session if they do not agree with the Privacy and Security Doctrine.

CALIFORNIA CONSUMER PRIVACY ACT (CCPA).

Equiant does not sell consumers’ data.  Equiant processes data to the extent necessary to perform its obligations to its clients as a loan processor.  Equiant’s activities and the data it processes in the course of performing those activities are controlled by other privacy laws and regulations, and are exempt from regulation under the CCPA.  For additional information, California consumers should refer to the portions of this Policy applicable to all other US residents.

EU Resident Prohibition and Information.

If you are an EU resident, you are prohibited from and have no authority to visit or otherwise use this site.  Equiant does not accept, process, or deal in business activities requiring personal data of EU residents.  You are prohibited from, and it is your sole responsibility to ensure you refrain from, providing or transmitting any such personal data to Equiant or through any Equiant systems or services.  You hereby represent and warrant that you are not an EU resident and will not input or provide any information regarding an EU resident.  If you breach this provision and provide or make available information regulated by the EU General Data Protection Regulation (GDPR) or similar applicable directive, the following paragraphs shall apply, and you remain solely responsible for any liability associated therewith:

In this Section Data Protection, the terms “controller”, “data subject”, “personal data” and “processing” shall have the meaning set out in the EU General Data Protection Regulation (GDPR), or Directive 95/46/EC on the protection of individuals with regard to the processing of personal data, to the extent applicable by their own terms. Insofar as you make personal data available, then you shall ensure that this data has been lawfully collected, processed and used for the purpose intended, and that you have lawful authority to forwarded the same to Equiant (even though in breach of the prohibition set forth above). Equiant shall collect process and use such personal data only to the extent necessary for the performance of this Agreement.  Equiant shall not be obliged to assess whether the collection, processing or use of the data is lawful and/or compliant with the applicable laws. You shall indemnify Equiant against any third-party claims, enforcements, penalties, or other liabilities, which are based on or related to an assertion that the collection, processing or use of personal data in accordance with the services was unlawful and/or non-compliant with the applicable laws. The aforementioned indemnity shall also cover the costs of legal defense. You are informed that the data, included personal data, provided to Equiant may be stored in and/or accessed from a location in the US. By agreeing to these terms you hereby grants consent to Equiant to transfer the personal data within to the US (or within the EU if applicable).

To the extent that you collect, obtain, receive, or processes any personal data on behalf of Equiant, you shall (i) only process the personal data as required to fulfill you obligations under this Agreement and in accordance with Equiant’s instructions as set out in EU Standard Clauses to be executed by you in a form acceptable to Equiant (any additional or alternate instructions to be agreed between the parties in writing); (ii) implement appropriate technical and organizational measures to protect the personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access; and (iii) promptly notify and reasonably assist Equiant with any data subject access request relating to the personal data.

Information Shared With Equiant.

Equiant will take commercially reasonable steps to protect information you share with us. Whenever you provide the Site with Personal Data, Equiant will take commercially reasonable steps to establish a secure connection by requiring the use of a Netscape Navigator or Microsoft Internet Explorer browser that supports 128-bit encryption. Further, unencrypted, sensitive data is not stored on Equiant Internet servers or in its cookies.

THE SITE CONTAINS SECURED AND NON SECURED SECTIONS. INHERENT IN THE USE OF THE INTERNET AND INTERNET-RELATED TECHNOLOGIES IS SOME RISK OF DISCLOSURE OF INFORMATION, INCLUDING WITHOUT LIMITATION, PERSONAL DATA YOU SUPPLY. YOUR USE OF THE SITE AND YOUR ENTRY OF INFORMATION IS AT YOU OWN RISK. EQUIANT CANNOT ACCEPT RESPONSIBILITY AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGE OR INJURY THAT YOU MAY INCUR OR THAT MAY RESULT FROM YOUR USE OF THE SITE OR THE INTERCEPTION OF INFORMATION YOU PROVIDE, INCLUDING WITHOUT LIMITATION, PERSONAL DATA, BY A THIRD PARTY.

LIMITATION OF LIABILITY THE SITE AND ITS CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EQUIANT DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT EITHER THE SITE OR THE SERVER THAT MAKES IT AVAILABLE TO YOU IS FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. EQUIANT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EQUIANT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SITE AND/OR ITS CONTENTS.

Version Effective Date: February 28, 2020