f you are a California resident, please review our California Consumer Privacy Act Policy.
California Consumer Privacy Act
The California Consumer Privacy Act provides some California residents with additional rights.
Right to Know
You have the right to know and see what data we have collected about you over the past 12 months, including:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information is collected;
- The business or commercial purpose for collecting your personal information;
- The categories of third parties with whom we have shared your personal information; and
- The specific pieces of personal information we have collected about you.
Right to Delete
You have the right to request that we delete the personal information we have collected from you. There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
- Complete your transaction;
- Provide you a good or service;
- Perform a contract between us and you;
- Protect your security and prosecute those responsible for breaching it;
- Protect the free speech rights of you or other users;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
- Comply with a legal obligation; or
- Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
You also have the right not to be discriminated against for exercising any of your rights.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|How data is used
|Identifiers, such as your name, date of birth, social security number, copy of government issued identity card, mailing address, present address, previous addresses, telephone numbers, email address
|Data is used to pull your credit report and a part of our processes to validate your identity
|Characteristics, such as ethnicity, race, sex, age, citizenship status, marital status, number of dependents, ages of dependents, military or veteran status, service connected disability
|Ethnicity, race and sex data is collected per requirements of the Home Mortgage Disclosure Act. Other data is collected to ensure that we identify the loan programs for which you might qualify as well as to determine what documentation may be required from you to determine if you qualify for a mortgage loan
|Financial Information, such as bank or other financial institution accounts, credit history, financial transaction history, income, salary, other compensation, real estate owned, judgement history, bankruptcy history, foreclosure history
|Data is used to determine if you qualify for a mortgage loan.
|Education, such as number of years of schooling
|Data is used to determine if you qualify for a mortgage loan.
|Household information, such as number of persons in a household (USDA loans only), household income (USDA loans only), dwelling type of subject property
|Number of persons in household and income of household is required for USDA loans, as this loan program is only available in certain rural areas and qualifying for the program considers the entire household.
Dwelling type of the subject property is used as part of qualifying the loan and ensuring the property value is in line with the loan amount.
|Employment information, such as occupation or title, name of employer, number of years on the job, number of years in line of work, W-2 or paystub records, hire dates and termination dates
|Data is used to determine if you qualify for a mortgage loan and that your income is in line with your occupation and experience.
We do not collect biometric information or sensory data.
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We collect personal information from various sources, including:
- Directly from a California resident or the individual’s representatives
- Service providers, consumer data resellers and other third parties
- Public record sources (federal, state or local government sources)
- Website/Mobile App Activity/Social Media
- Information from our affiliates
We disclose personal information to third parties for the business purposes described in this policy. The categories of third parties to whom we disclosed personal information are:
- Vendors and service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure, customer service, email delivery, auditing, marketing and marketing research activities
- Third parties who enable customers to conduct transactions online and via mobile devices and support mortgage and fulfillment services
- Government agencies as required by laws and regulations
- Affiliates of Ark-La-Tex Financial Services, LLC dba Benchmark Mortgage, Benchmark Home Loans or Benchmark Lending
Do You Sell My Personal Information?
No, we do not sell your personal information.
How And Where Do You Collect Personal Information?
We collected most of this information directly from you, either during a mortgage application or as we service your mortgage loan. Personal information includes social security number, employment history and bank account numbers. We collect and secure all of this information in accordance with federal regulations. We also may receive information from other sources, such as an internet advertiser, a mortgage lead generator, your prior mortgage servicer, or government entities from which public records are maintained.
We also gather information using cookies and other online tools and technology. In other words, we collect some information about our anonymous website visitors, but we do not attempt to identify our visitors by name or profile. We only identify you by name when you submit a web form with your personal information or log into/register on our customer portal.
Will You Delete My Information If I Request You Do So?
Maybe. The CCPA requires businesses that collect personal information directly from consumers to delete such information upon request, unless the deletion request is subject to an exemption. Information we collect, store, or share in connection with providing you a mortgage loan is exempt, because your financial information is already regulated by federal law. Per federal law, we use administrative, physical and technical methods to safeguard your information. Even if you are not a customer, we might need to keep some of your information in order to comply with a legal obligation. While we may not delete your information, we will always use it for a lawful purpose.
Can I Request A Copy Of What You Collected Or Shared?
In some cases, yes. The CCPA refers to this as your “Right to Know.” However, the CCPA does not apply to most of the information that we collect or share in our role as a mortgage lender or servicer. We will not include any of that information in your “Right to Know” response. We might have other information that is not exempt.