Legal Overview
Builders Capital Exchange Privacy Policy
Last Updated: March 23, 2025
1. Acceptance of Privacy Policy
Welcome to Construction Loan Services II, LLC d/b/a Builders Capital Exchange and our controlled and commonly controlled affiliates and related parties(collectively, “Builders Capital Exchange” “we” or “us”)and our Privacy Policy (“Privacy Policy”). This Privacy Policy is important and affects your legal rights, so please read carefully.
By accessing or using www.builderscapital.com, or any other Builders Capital Exchange website, online service or mobile application and our various related websites and services and various related websites and services(collectively, the “Builders CapitalExchange Services”), you agree to be bound by this Privacy Policy and all of the terms incorporated herein by reference. By using the Builders CapitalExchange Services and/or submitting or collecting any personal data via the BuildersCapital Exchange Services, you accept and expressly consent and agree to our practices surrounding the collection, use, and sharing of your personal information in accordance with this Privacy Policy. IF YOU DO NOT CONSENT AND AGREE WITH THE TERMS OF THIS PRIVACY POLICY, YOU CANNOT, AND WE DO NOT AUTHORIZE YOU TO, ACCESS, BROWSE, OR USE THE BUILDERS CAPITAL EXCHANGE SERVICES.
Our processing of personal information, such as your name, address, e-mail address, or telephone number, will be undertaken consistent with the requirements of applicable privacy laws, but not limited to, the California Consumer PrivacyAct, the California Privacy Rights Act, the Virginia Consumer Data ProtectionAct of 2021, the Colorado Privacy Act of 2021, and the Utah Consumer PrivacyAct of 2022, the Connecticut Data Privacy Act of 2022, the Texas Data Privacy and Security Act, the Oregon Consumer Privacy Act, the Montana Consumer DataPrivacy Act, the Tennessee Information Protection Act of 2023, the IowaConsumer Data Protection Act of 2023, the Delaware Personal Data Privacy Act of2023, the Nebraska Data Privacy Act of 2024, the New Hampshire Privacy Act of2024, and the New Jersey Data Privacy Act of 2024, the EU General DataProtection Regulation, the UK General Data Protection Regulation, and theCanadian Personal Information Protection and Electronic Documents Act. We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain states or regions. Please refer to the Builders Capital Exchange Services for disclosures that may be applicable to you.
2. Information We Collect
2.1 Personal Information We Collect Directly from You
We receive personal information as described to you at the point of collection, pursuant to your consent, and/or when you voluntarily provide us with personal information, including:
(1)individual information (such as your e-mail address and phone number);
(2) business and guarantor information (such as your company’s address); and
(3) other identifying information that you voluntarily choose to provide to us (such as unique identifiers such as passwords, and personal information in messages you send to us).
Inthe course of providing the Builders Capital Exchange Services, we may collectadditional personal information from third parties, including, but not limitedto, referral partners, identity verification services, mailing list providers,credit bureaus, and publicly available sources and may combine this informationwith information we already have about you.
Wemay also collect additional information, which may be personal information, asotherwise described to you at the point of collection or pursuant to yourconsent. For example, we obtain information in connection with the BuildersCapital Exchange Services from or on behalf of property owners, borrowers,guarantors, purchasers and potential purchasers, lenders, servicers, investors,other transaction participants, and their affiliates about themselves, theiremployees, their other representatives, their equity owners, and otherassets(including, but not limited to, transaction histories, personal propertyand products purchased, information about tenants, lease applicants and relatedparties, vendors and other service providers), and their other business activities(which may include information about other third parties). We may also collectinformation from our third-party vendors and data providers, including fromprivate and public sources in connection with the Builders Capital ExchangeServices.
2.2 InformationWe Automatically Collect When You Use Our Site
Inorder to access and use certain areas or features of the Builders CapitalExchange Services, you consent to our collection and use of certain informationabout your use of the Builders Capital Exchange Services through the use oftracking technologies or by other passive means, including when you receive,open, engage, forward, and/or click through the Services. Your consent to ouraccess and use of this “passively collected” information includes, but is notlimited to, the domain name of the website that allowed you to navigate to the BuildersCapital Exchange Services, search engines used, the internet protocol (IP)address used, the length of time spent on the Builders Capital ExchangeServices, the pages you looked at on the Builders Capital Exchange Services,other web pages you visited before and after visiting the Builders CapitalExchange Services, the type of device and/or internet browser you have, thefrequency of your visits to the Builders Capital Exchange Services, and otherrelevant statistics (collectively “Traffic Data”).
3. How We Collect Information
Wecollect information (including personal information and Traffic Data) when youuse and interact with the Builders Capital Exchange Services, and in some casesfrom third party sources. Such means of collection include:
· Whenyou access, use, or contact us through the Builders Capital Exchange Services.
· Whenyou voluntarily provide information through the Builders Capital ExchangeServices.
· Ifyou use a location-enabled browser, we may receive information about yourlocation and device.
· ThroughCookies, Web Beacons, analytics services, and other tracking technologies(collectively, “Tracking Tools”).
4. Tracking Tools, Behavioral Advertising, and Opt Out Options
4.1 Tracking Tools
Wemay use tools outlined below in order to provide the Builders Capital ExchangeServices, advertise to, and better understand users.
· Cookies:“Cookies” are small computerfiles transferred to your device that contain information such as user ID, userpreferences, lists of pages visited and activities conducted while using the BuildersCapital Exchange Services. We use Cookies to: (i) improve and tailor the BuildersCapital Exchange Services,(ii) customize advertisements, (iii) measureperformance, (iv) store authentication so re-entering credentials is notrequired, (v) customize user experiences, and for (vi) analytics and fraudprevention. For more information on Cookies, including how to control yourCookie settings and preferences, visit http://www.allaboutCookies.org. You can also manage Cookies in your web browser (forexample, Edge, Explorer, Chrome, Safari). If you choose to change yoursettings, you may find that certain functions or features of the BuildersCapital Exchange Services will not work as intended. The following details thetypes of Cookies we use and why we use them:
o Absolutely necessary Cookies. These Cookies are essentialto enable you to move around a website and use its features. Without theseCookies, services you have asked for, like adding items to an online order,cannot be provided.
o Performance Cookies. These Cookies collect informationabout how you use the Builders Capital Exchange Services. Information collectedincludes, the Internet browsers and operating systems used, the domain name ofthe website previously visited, the number of visits, average duration ofvisit, and pages viewed. These Cookies do not collect information thatpersonally identifies you and only collect aggregated and anonymousinformation. Performance Cookies are used to improve the user-friendliness of awebsite and enhance your experience.
o Functionality Cookies. These Cookies allow the BuildersCapital Exchange Services to remember choices you make (such as your username,language preference, or the area or region you are in) and provide enhanced,more personal features. These Cookies can also be used to remember changes youhave made to text size, fonts, and other customizable parts of the BuildersCapital Exchange Services. The information these Cookies collect may beanonymized, and they cannot track your browsing activity on other websites.
· WebBeacons: “Web Beacons” (a.k.a.clear GIFs or pixel tags) are tiny graphic image files embedded in a web pageor email that may be used to collect information about the use of the BuildersCapital Exchange Services. The information collected by Web Beacons allows usto analyze how many people are using the Builders Capital Exchange Services,using selected publishers’ websites, or opening emails, and for what purpose.
· WebService Analytics: Wemay use third-party analytics services in connection with the Builders CapitalExchange Services, including, for example, to register mouse clicks, mousemovements, scrolling activity and text typed into the Builders Capital ExchangeServices. We use the information collected from these services to help make theBuilders Capital Exchange Services easier to use and as otherwise set forth in Section5 (How We Use Your Information). These analytics services generally do notcollect personal information unless you voluntarily provide it.
· MobileDevice Identifiers: Aswith other Tracking Tools, mobile device identifiers help Builders CapitalExchange learn more about our users’ demographics and Internet behaviors inorder to personalize and improve the Builders Capital Exchange Services. Mobiledevice identifiers are data stored on mobile devices that may track activitiesoccurring on and through it, as well as the applications installed on it.Mobile device identifiers enable collection of personal information (such asmedia access control, address, and location) and Traffic Data.
4.2 Behavioral Advertising
Wemay use a type of advertising commonly known as interest-based or onlinebehavioral advertising. This means that some of our partners use Tracking Toolsto collect information about a user’s online activities to display BuildersCapital Exchange ads to the user based on the user’s interests (“BehavioralAdvertising”). Our partners may include third-party advertisers and otherthird-party service providers, and such partners may collect information whenyou use the Builders Capital Exchange Services, such as IP address, mobiledevice ID, operating system, and demographic information. These Tracking Toolshelp Builders Capital Exchange learn more about our users’ demographics andInternet behaviors.
4.3 Options for Opting out of Cookies and Mobile Device Identifiers
Ifwe process Cookies based on your consent (as indicated at the time ofcollection of such data), you have the right to withdraw your consent at anypoint in time by contacting us at privacy@builders-capital.com. Please note, if you exercise this right, you may haveto provide your consent on a case-by-case basis to enable you to utilize someor all of the Builders Capital Exchange Services.
Youmay be able to reject Cookies and/or mobile device identifiers by activatingthe appropriate setting on your browser or device. Although you are notrequired to accept Builders Capital Exchange’s Cookies or mobile deviceidentifiers, if you block or reject them, you may not have access to allfeatures available through the Builders Capital Exchange Services.
· Youmay opt out of receiving certain Cookies by visiting the Network AdvertisingInitiative (NAI)opt out page or the Digital Advertising Alliance (DAA) opt outpage, or by installing the DAA’s AppChoices app (for iOS; for Android) on yourmobile device. When you use these opt-out features, an “opt-out” Cookie will beplaced on your device indicating that you do not want to receive interest-basedadvertising from NAI or DAA member companies. If you delete Cookies on yourdevice, you may need to opt out again. For information about how to opt out ofinterest-based advertising on mobile devices, please visit https://thenai.org/opt-out/mobile-opt-out/. You will need to opt out of each browser and device forwhich you desire to apply these opt-out features.
· Evenafter opting out of Behavioral Advertising, you may still see Builders CapitalExchange advertisements that are not interest-based (i.e., not targeted towardyou). Also, opting out does not mean that Builders Capital Exchange is nolonger using Tracking Tools. Builders Capital Exchange still may collectinformation about your use of the Builders Capital Exchange Services even afteryou have opted out of Behavioral Advertising and may still serve advertisementsto you via the Builders Capital Exchange Services based on information itcollects through the Builders Capital Exchange Services.
ThisPrivacy Policy does not cover the use of Cookies and other Tracking Tools byany third parties, and we are not responsible for the privacy practices of anythird party. Please be aware that some third-party Cookies can continue totrack your activities online even after you have left the Builders CapitalExchange Services.
4.4 “Do Not Track” (DNT) and Universal Opt-Out Preference Signals
Someweb browsers (including Safari, Internet Explorer, Firefox, and Chrome)incorporate a “Do Not Track” (DNT) or similar feature that signals to webservices that a visitor does not want to have their online activity andbehavior tracked. If a web service operator elects to respond to a particularDNT signal, the web service operator may refrain from collecting certainpersonal information about the browser’s user. Not all browsers offer a DNToption and there is currently no industry consensus as to what constitutes a DNTsignal. For these reasons, many web service operators, including BuildersCapital Exchange, do not proactively respond to DNT signals. For moreinformation about DNT signals, visit http://allaboutdnt.com.
Newstandards are being developed for a Universal Opt-Out Mechanism, such as theGlobal Privacy Control(GPC), which allow users with GPC-enabled browsers anddevices to send a signal that will communicate the user’s request to opt-out ofsales of their personal information and to opt-out of certain sharing of theirpersonal information. The CPRA and other laws allow for the acceptance ofOpt-Out Preference Signals such as the GPC, as an option for users to transmitan Opt-Out of selling/sharing personal information. If we detect and recognizesuch a signal from your device or browser, we will honor it.
5. How We Use Your Information
Wedo not engage in automated decision making. We may use information (includinginformation that has been de-identified and/or aggregated) to better understandwho uses the Builders Capital Exchange Services and how we can deliver a betteruser experience. We use information, including personal information, to providetheBuilders Capital Exchange Services and to help improve the Builders CapitalExchange Services, to develop new services, and to advertise our services.Specifically, such use may include:
· Providingyou with the products, services, and information you request, includingfacilitating marketing, underwriting, lending, servicing, and collections.
· Correspondingwith you.
· Providing,maintaining, administering, or expanding the Builders Capital ExchangeServices, performing business analyses, and for other internal purposes.
· Combininginformation received from third parties with information that we have from orabout you and using the combined information for any of the purposes describedin this Privacy Policy.
· Showingyou advertisements, including interest-based or online behavioral advertising.
· Fulfillingour legal obligations, such as preventing, detecting, and investigatingsecurity incidents, fraud, and potentially illegal or prohibited activities.For example, to help the government fight the funding of terrorism and moneylaundering activities, Federal law requires all financial institutions toobtain, verify, and record information that identifies each person who submitsa loan application. When you submit an application with us, we will ask foryour name, mailing address, and other personally identifiable information thatwill allow us to verify your identity. We may also ask to see a driver’slicense or other identifying documents.
· Enforcingour Privacy Policy and other agreements.
Byproviding your e-mail and/or phone number and checking a box, clicking the“complete” button, or some other affirmative act, you are consenting to receivee-mails and/or calls and text messages, including live, prerecorded, and/orautomated calls and messages, to that email or phone number. After signing up,you will receive a confirmation e-mail or text message from Builders CapitalExchange on your mobile number. This agreement is not entered into as a term orrequirement of any purchase or promotion. Normal message and data rates mayapply. Message frequency may vary. Neither we nor the participating carriersguarantee that messages will be delivered. We may discontinue these programs atany time without notice.
6. How We Share Your Information
Exceptto the extent not otherwise expressly restricted herein (especially as itrelates to mobile information, which will not be shared with third parties oraffiliates for marketing/promotional purposes), in certain circumstances, andin order to perform the Builders Capital Exchange Services, we may sharecertain information about you as described in this section:
Wedo not sell your personal information to third parties.
· Wemay share your personal information with other entities we own or control, andthird parties involved in a transaction we are undertaking with you and/or thebusiness you represent.
· Wemay disclose your personal information to credit bureaus to evaluate yourcredit worthiness prior to a loan being approved or a third party acquiring theservicing rights or ownership rights of the loan from us.
· Wemay disclose your personal information to businesses you represent infurtherance of the relationship between us and the business for which you are arepresentative.
· Wemay share your personal information with our partners to customize or displayour advertising.
· Wemay share your personal information and/or Traffic Data with our partners whoperform
operational services for us (such ashosting, billing, fulfillment, data storage, security, insurance verification,web service analytics, or ad serving).
· Wemay share your personal information and/or Traffic Data with our partners toanalyze device activities and generate targeted advertisements.
· Wemay transfer your personal information to another company in connection with aproposed merger, sale, acquisition or other change of ownership or control byor of Builders Capital Exchange (whether in whole or in part). We will makereasonable efforts to notify you before your information becomes subject todifferent privacy practices.
· Wealso may need to disclose your personal information or any other information wecollect about you if we determine in good faith that such disclosure is neededto: (1) comply with or fulfill our obligations under applicable law; (2)protect the rights, property or safety of you, Builders Capital Exchange oranother party; (3) enforce this Privacy Policy or other agreements with you; or(4) respond to claims that any posting or other content violates third-party right
7. Collection and Use of Sensitive Information
Wehave collected the following categories of sensitive personal information fromconsumers within the last twelve months:
· Completeaccount credentials
Racialor ethnic origin
· Mail,email, or text message contents
· Citizenship
Wedo not use or disclose sensitive personal information for purposes other thanthose specified in the CCPA/CPRA.
8. Storage and Security of Information
Anyinformation you send to us electronically, while using the Builders CapitalExchange Services or otherwise interacting with us, may not be secure when itis transmitted to us. We recommend that you do not use unsecure channels tocommunicate sensitive or confidential information to us. Please be aware,despite our best efforts, no security measures are perfect or impenetrable, andwe cannot guarantee “perfect security.” Any information you send us through anymeans is transmitted at your own risk.
9. Your Choices
9.1 Information You Provide
Youcan choose whether or not to provide personal information through the BuildersCapital Exchange Services. We will not discriminate against you for exercisingany of your rights relating to your personal information and will not (i) denyyou goods or services, (ii) provide you with a different level or quality ofservices, or (iii)charge you different prices for services for doing so.
9.2 California Privacy Rights
Inthe preceding 12 months, Builders Capital Exchange has collected and disclosedfor a business purpose the following categories of personal information aboutCalifornia consumers: identifiers such as name, address, email address, and IPaddress; personal information categories listed in the California CustomerRecords statute, including name and professional or employment-related details;and protected classification characteristics under California or federal law,such as age, citizenship, nationality, ancestry, religion or creed, maritalstatus, medical condition, physical or mental disability, sex (including genderidentity and expression), pregnancy or childbirth and related medicalconditions, sexual orientation, veteran or military status, and proof ofeligibility to work. We also collected commercial information such as recordsof personal property, products or services purchased, obtained, or considered,as well as browsing and search history, and information on consumerinteractions with Builders Capital Exchange services (internet or other similarnetwork activity). In addition, geolocation data, including location andmovement data, was collected. All of the above categories of information weredisclosed to organizations providing services to Builders Capital Exchange. Wedid not collect or disclose professional or employment-related informationunrelated to our services, biometric information, non-public educationinformation, or inferences drawn from personal information.
