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DM PRIVACY POLICY

This DM Privacy Policy (“Privacy Policy”) describes the types of information collected by DocMagic, Inc., a California corporation (“DM” or “us” or “we”), from (i) the use of its websites (such as, but not limited to, www.docmagic.com), programming interfaces, desktop and mobile applications (collectively, “Platforms”); (ii) the use of the solutions and services made available by DM from time to time through the Platforms (“Solutions”); and (iii) any communications with DM through or relating to the Platforms or Solutions, whether exchanged via email, text, private message or otherwise. The individual using one or more of the Platforms and/or Solutions is referred to in this Privacy Policy as “you” or “your”.

This Privacy Policy also contains our practices for using, maintaining, protecting, and disclosing that information. We respect your privacy and we are committed to protecting it through our compliance with this Privacy Policy.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE PLATFORMS AND SOLUTIONS OR SUBMITTING ANY INFORMATION TO DM.  BY INTERACTING WITH DM THROUGH ITS PLATFORMS AND SOLUTIONS, YOU INDICATE THAT YOU ACCEPT THIS PRIVACY POLICY AND THE TERMS OF USE WHENEVER YOU SUBMIT INFORMATION TO US, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.   IF YOU DO NOT ACCEPT THIS PRIVACY POLICY AND THE TERMS OF USE, DO NOT SUBMIT INFORMATION TO US OR USE OUR PLATFORMS AND SOLUTIONS.

INFORMATION WE COLLECT

We collect several types of information from and about you, including information:

  • that personally identifies you, such as your name, postal address, e-mail address, telephone number, social security number, loan number, any other information the Platforms and Solutions collect that is defined as personal or personally identifiable information under applicable laws, rules and regulations (“Applicable Law”), or any other identifier by which you may be contacted online or offline (collectively, “personal information");
  • any information pertaining to your application for a mortgage loan or the loan itself;
  • that is about you but does not identify you as an individual, such as your property address or automobile that you own; and/or
  • about your internet connection, the equipment you use to access our Platforms and Solutions and usage details.

HOW WE COLLECT INFORMATION

We collect information about you as follows:  (i) when you provide it to us, directly or indirectly, through the Platforms and Solutions; and (ii) automatically as you navigate the Platforms and Solutions using cookies, web beacons and other tracking technologies as further described below.

Information You Provide to Us.  You provide information to us when you use the Platforms and Solutions and when you communicate with us.  Examples include:

  • Information that you provide to us when you register to use the Platforms and Solutions, upload data, request further services or report a problem.
  • Details of your transactions (including, without limitation, mortgage loans) and orders processed through our Platforms and Solutions.
  • Correspondence exchanged with us when you contact us, whether by email, live chat or text (including your email address).
  • Responses to surveys that we might ask you to complete for research purposes.
  • Search queries on the Platforms and Solutions.

You may also provide information for transmission to third parties through the Platforms and Solutions; see THIRD PARTY LINKS below for more information. 

Automatic Data Collection Technologies.  As you navigate through and interact with our Platforms and Solutions, we may use automatic data collection technologies, such as cookies (“ADC Technologies”), to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Platforms and Solutions, including traffic data, location data, logs, and other communication data and the resources that you access on or through the Platforms and Solutions.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use ADC Technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See HOW TO OPT-OUT for information on how you can opt-out of behavioral tracking.

Information we collect through ADC Technologies may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us improve our Platforms and Solutions and deliver a better and more personalized experience, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Platforms and Solutions according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to use our Platforms and Solutions.

Browser Cookies. "Cookies," or other similar anonymous tracking information may be downloaded to your computer during your use of our Platforms and Solutions. Cookies are small pieces of information that are stored by your browser on your computer's hard drive. These cookies specifically do not contain or collect any personal information, and you can set your browser to not accept cookies if you wish. However, if you choose to set your browser to not accept cookies, it may prevent us from providing some features of the Platform or Solution to you, or at the very least, degrade the overall experience.

Flash Cookies. Certain features of our Platforms and Solutions may use local stored objects (or Flash cookies) to collect and store information about your preferences. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see HOW TO OPT OUT.

Web Beacons. Pages of our Platforms and our Solutions (including our emails to you) and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit DM, for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).

THIRD PARTY LINKS

Our Platforms may provide links and otherwise allow you to access entities’ websites, products and services that are not controlled or operated by DM (including, without limitation, third party loan origination systems, point of sale and advertisers). You also may provide information for transmission to these third party websites and/or third party users of our Platforms.  All such transmissions are AT YOUR OWN RISK.  This Privacy Policy does not apply to your interaction with such third parties, and DM is not responsible for the content of third party websites or the privacy practices of third parties (including, without limitation, third parties’ use of cookies, pixel tags and other technologies).  Although we implement security measures and other controls, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Platforms with whom you may choose to share your information.

Therefore, we encourage you to request and review the privacy policies of any third parties prior to disclosing your information to such parties or upon visiting such third party websites.  We do not control third parties' collection or use of your information to serve interest-based advertising. It is your sole responsibility to verify your privacy and shared information settings with all third party services, and maintain those settings as they are updated.  We cannot modify or otherwise control or exclude the information, personal information, or other metadata supplied to us by third parties as a result of your use of their services.

USE AND DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not constitute personal information, for any purpose and without restriction.  If we combine any non-personal information with personal information, the combined information will be treated by us as personal information in accordance with this Privacy Policy.

Upon collection of your personal information, we may use such personal information to our employees, contractors and agents for the following purposes:

  • To provide you with access to the Platforms and Solutions you are requesting.
  • To improve upon or troubleshoot any problems with the Platforms and Solutions.
  • To notify you about updates, modifications, enhancements and additional products and services.
  • To facilitate communication between you and our employees and agents in order to respond to your questions and comments, or to contact you for user feedback.
  • To generate aggregate statistical studies and conduct research related to our products and services and the use of our Platforms and Solutions. 
  • For any other purpose we may disclose to you from time to time where you provide your consent.

We may also disclose your personal information to third parties as follows:

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of DM’s business, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by DM about users of our Platforms and Solutions is among the assets transferred.
  • As required to comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of DM, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into one of our Platforms and visiting your account profile page, if applicable.

You may also send us an email at techsupport@docmagic.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete any information you provided to or through the Platforms and Solutions, copies of your information may remain viewable in cached and archived pages or might have been copied or stored by other users.

DATA SECURITY

We have implemented measures designed to help secure your personal information against accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls, however, we cannot guarantee that your personal information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law).  

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Platforms and Solutions, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. It is your responsibility to protect the integrity of your accounts and passwords. To protect against unauthorized access to your account, be sure to log out each time you finish using the Platforms and Solutions. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Platforms and Solutions. Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained in the Platforms and Solutions.

  • Data Transmission: When data is transmitted to or from the Platforms and Solutions, it is encrypted using a minimum of 128-bit RSA keys over a TLS channel. Examples of this includes: WebDocs, DocMagic Online, DocMagic Direct, LoanMagic, Account Setup, and User Administration. If credit card information is transmitted, DM reveals only the last four digits when confirming an order (of course, the entire credit card number is transmitted to the appropriate credit card company during order processing).
  • Network Security: DM employs multiple firewalls to keep out unwanted traffic and intruders. Additionally, an intrusion detection system is used to analyze traffic and alert network security personnel of suspicious activity. DM uses a patch management system to ensure that all servers are up to date with the most current security patches.
  • Data Privacy: Each account is treated as a separate entity. Data from different accounts cannot be co-mingled, and there is a logical separation between data maintained in different accounts. Any and all "nonpublic personal information" of your "customers" or "consumers" that DM collects, or that you disclose to DM, is used by DM and transmitted to third parties only as necessary in connection with DM’s provision of its loan document preparation, delivery, imaging, annotation and other related ancillary and complementary services upon your request for such services.
  • Disclosure: DM will not disclose any such nonpublic personal information to any other person, except as permitted by this Privacy Policy or as otherwise required by applicable law. DM has implemented appropriate measures that are designed to meet the objectives of the "Interagency Guidelines Establishing Standards for Safekeeping Customer Information," issued jointly by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision effective July 1, 2001.

HOW TO OPT-OUT

When you email us or register with us, you will have the ability to opt-out of receiving certain communications from DM, including voicemail or e-mail.  If you do not opt-out, but later decide that you would prefer not to receive e-mail communications from DM, please contact us at legal@docmagic.com. In addition, if you have an account with DM, you can opt-out by changing your DM account preferences.  Remember, however, that we may still send e-mail or call you in order to provide materials that you request.

CHILDREN UNDER 13

The Platforms and Solutions are not intended for children under 13 years of age. No one under age 13 may provide any personal information on or though the Platforms and Solutions. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Platforms and Solutions or provide any information to us, register on the Platforms, use any of the interactive or public comment features or provide any information about yourself to us, including, without limitation, your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at legal@docmagic.com to request that this information be deleted.

Anyone under 18 years old should seek his or her parent’s or guardian’s permission prior to using or disclosing any personal information on or through the Platforms and Solutions.  By using the Platforms and Solutions, you hereby represent that you are at least 13 years old. 

CHANGES TO THE PRIVACY POLICY

We reserve the right, in our discretion, to change, modify, add or remove portions of this Privacy Policy at any time, without prior notice to you.  All revisions will be posted to our primary website at www.docmagic.com (the “Website”).  We urge you to check the Website frequently for any changes to this Privacy Policy.  Your continued use of any Platform or Solution means that you accept the current version of the Privacy Policy.  The date the Privacy Policy was last updated is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, in case we desire to e-mail you about material changes to our Privacy Policy.

SPECIAL NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1798.83, also known as Senate Bill 27, or “Shine the Light,” California residents are entitled to request and receive, free of charge, a copy of DM’s California Information Sharing Disclosure Notice for the previous calendar year. You may email us at legal@docmagic.com to request a copy.  We will provide the requested information to you at your email address in response.  Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

In addition, California residents are entitled to the rights afforded to them by the California Consumer Privacy Act of 2018 (“CCPA”), as further described in the California Residents Privacy Policy Addendum incorporated into this Privacy Policy by reference.  If you are a California resident, please carefully review the Addendum. 

USERS OUTSIDE THE U.S.

The Platforms and Solutions are hosted in the U.S. and governed by U.S. law. If you are using any Platform or Solution from outside the U.S., please be aware that your information may be transferred to and/or stored and processed in the U.S. where our servers are located. The data protection and other laws of the U.S. may differ from those in your country. By using any Platform or Solution, you consent to the handling of your information by our facilities and those of third party facilities in accordance with U.S. law.

ARCHIVES

Any or all information you submit or that we collect as part of the Platforms and Solutions may be archived and not permanently deleted. Archived information may be restored or "unarchived" by us for any purpose for use at a later date, even after you terminate your use of the Platforms and Solutions. 

GOVERNING LAW

You agree that any claim, action or proceeding arising out of this Privacy Policy, or your use of the Platforms and Solutions, shall be governed by and construed in accordance with the laws of the U.S. and the State of California, without regard to principles of conflict of laws.  Any claim, action or proceeding related to this Privacy Policy will be resolved in accordance with the dispute resolution provisions in the Terms of Use.

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us by email to legal@docmagic.com, regular mail to 1800 W. 213th Street, Torrance, CA  90501, or via our toll-free number: (800) 649-1362.

 

LAST UPDATED:  December 31, 2019