Privacy Policy

Privacy + Cookies Policy

This Privacy Notice applies to NewPoint Real Estate Capital LLC and its subsidiaries (collectively, “we”, “our”). We appreciate the importance of protecting your personal and financial information and this Privacy Notice is provided to help you understand what information we gather about you online and offline, from whom we may obtain information about you, what we use it for, and with whom we share that information.

Types of Information We Collect.
Use And Processing Of Information.
Sharing of Information
How We Protect Your Information.
Miscellaneous.
Additional Information for Individuals in the European Union.
Additional Information for California Residents.
Contact Information.

Types of Information We Collect

We arrange and service commercial mortgage loans secured by multifamily properties. We also service commercial mortgage loans and related investments for third parties, which loans may be secured by various property types, including, without limitation, multifamily, office, retail, industrial, hotel, manufactured housing, seniors housing, healthcare, affordable housing, and student housing. In the course of providing these services, we may receive Personal Information from or on behalf of the parties involved in commercial lending and servicing activities, including, without limitation, borrowers, applicants, guarantors, investors, vendors, lenders, and servicers, as well as Related Parties of any of the foregoing (collectively, “you”, “your”) and others. “Personal Information” means any information about an individual which we obtain, or which an individual provides to us or our service providers, from which that individual can be directly or indirectly personally identified, and can include information such as identification and loan account numbers and online identifiers.

“Sensitive Personal Information” is personal information that reveals: a consumer's Social Security number or other state identification number; a consumer's account log-in, financial account, debit card, or credit card number, along with any required security or access code, password, or credentials that allow access to an account, and a consumer's geolocation.

“Related Parties” means affiliates, representatives, directors, officers, owners, managers, employees, agents, advisors, trustees, authorized signatories and/or other parties related to a loan transaction. This privacy policy applies where we act as a business or controller of Personal Information. Where we serve as a processor, servicer, or service provider for other entities, please consult the privacy policies issued by those companies.

The following provides examples of the type of information that we collect and how we use that information.

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check.

Context	Types of Data	Primary Purpose for Collection and Use of Data
Contact Information of: Borrowers Guarantors Loan Applicants Prospective Guarantors Related Parties	In our role as loan servicer, we collect the name and contact information about borrowers, guarantors, and/or their respective Related Parties with whom we interact. In our role as loan originator, we collect the name and contact information about loan applicants, prospective guarantors, and/or their respective Related Parties with whom we interact.	We use this information in connection with our loan servicing activities to contact borrowers, guarantors and/or Related Parties and communicate with them concerning normal business administration such as loan performance, property operations, projects, services, and billing. We use this information in connection with our loan origination activities to contact loan applicants, prospective guarantors and/or Related Parties and communicate with them concerning the loan origination, underwriting, and closing process.
Personal Information of: Borrowers Guarantors Loan Applicants Prospective Guarantors Related Parties	In our role as loan servicer, we may receive Personal Information about loan applicants, borrowers, prospective guarantors, guarantors and/or their respective Related Parties. This may include, among other things, business contact information, personal credit, financial and background information, and other business activities and ownership interests.	We use this information in connection with our loan servicing activities to monitor loan performance and property operations and other business administration purposes.
Sensitive Personal Information of: Borrowers Guarantors Loan Applicants Prospective Guarantors Related Parties	In our role as loan servicer, we may receive Personal Information about loan applicants, borrowers, prospective guarantors, guarantors and/or their respective Related Parties. This may include, among other things, business contact information, personal credit, financial and background information, and other business activities and ownership interests.	We use this information in connection with our loan servicing activities to monitor loan performance and property operations and other business administration purposes.
Property-Related Information	In our roles as loan originator and loan servicer, we may receive information related to the property serving as collateral for the loan. This may include, among other things, tenant information, financial information, tax information, property management information, licenses, permits, and other information related to individuals associated with the operation and performance of the property.	We use this information in connection with our loan origination activities to evaluate property performance and determine loan eligibility. We use this information in connection with our loan servicing activities to monitor loan performance and property operations and other business administration purposes.
Cookies and First Party Tracking	We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a website is viewed.	We use this information to make our website operate efficiently.
Email Interconnectivity	If you receive email from us, we use certain tools to capture data related to when you open or interact with our messages.	We use this information to understand how you interact with our communications to you.
Employment	If you apply for a job posting, or become an employee, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your Social Security Number. Providing this information is required for employment.	We use information about current employees to perform our contract of employment, or the anticipation of a contract of employment with you. In some contexts, we are also required by law to collect information about our employees. We also use this information to efficiently administer staffing and work force operations.
Feedback/Support	If you provide us feedback or contact us for support we will collect your name and e-mail address, as well as any other content that you send to us, in order to reply.	We use this information to receive and respond to your feedback and requests for support.
Online Registration	We collect your name and contact information when you create an online account. We also collect information relating to the actions that you perform while logged into your account.	We use this information to provide account relating functionalities to our users.

Use And Processing Of Information

In addition to the purposes and uses described above, we use information in the following ways:

To identify you when you visit our websites or our offices.
To provide loan origination and servicing products and services.
To improve our services.
To conduct analytics.
To respond to inquiries related to support, employment opportunities, or other requests.
To send marketing and promotional materials.
For internal administrative purposes, as well as to manage our relationships.

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose.

Sharing of Information

In addition to the specific situations discussed elsewhere in this policy, we disclose information in the following situations:

To process a loan application, verify an applicant’s identity, or receive approval of a loan from investors and capital sources.
Where we need to share Personal Information with our auditors and legal and other advisors.
In the event of a merger or proposed merger or acquisition or proposed acquisition, any (or any proposed) transferee of, or successor in title to, the whole or any part of our business, and the respective Related Parties, to the extent necessary to give effect to such merger.
Where disclosure is required or requested by law or regulation, or court or administrative order having force of law, or is required or requested to be made to any of our regulators.
With other third parties with your consent, if required by law.

Disclosures of Personal Information outlined above will be only to the extent permitted by applicable laws and regulations. Certain disclosures may require prior consent by the individual, in which case we may contact you to opt-in or opt out of sharing your Personal Information.

We will not otherwise share Personal Information with any other third party not listed above or elsewhere in this policy, unless we receive your prior written consent to do so.

Where we share Personal Information with a third party (including, as appropriate, service providers), the use by that third party of the Personal Information will be subject to the third party’s own privacy policies.

How We Protect Personal Information

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of any unauthorized access to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Our website permits you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.

Miscellaneous

The following additional information relates to our privacy practices:

Changes to This Privacy Policy. We may change our privacy policy and practices over time. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information unless we receive your consent to the new privacy policy. Our privacy policy includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.
Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.

Additional Information for California Residents

Under the California Consumer Privacy Act (“CCPA”), we are required to provide California residents with specific information about our personal information practices. The CCPA defines the term “personal information” broadly, and includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Please note that the CCPA does not apply to certain types of information, and your data may be covered by additional privacy notices based on your relationship with us.

Categories of Personal Information that We Collect, Disclose and Sell

We do not sell any of your data. We collect and disclose certain personal information in the course of our business as described above. You can find a list of the categories of information that we collect and share here. Please note that because this list is comprehensive it may refer to types of information that we share about people other than you.

California Resident Rights

California law grants California residents certain rights and imposes restrictions on particular business practices. Certain information we collect may be exempt from the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the “CCPA”) because the information is considered public information (i.e., it is made available by a government entity) or covered by a federal privacy law, such as the Gramm-Leach-Bliley Act or the Fair Credit Reporting Act. Subject to certain exceptions, California residents have the right to (at no charge) request that we (1) delete or correct inaccurate personal information that we hold about them, subject to certain exceptions and (2) send a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable and transferrable format. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:

categories of personal information collected;
categories of sources of personal information;
business and/or commercial purposes for collecting and selling their personal information;
categories of third parties/with whom we have disclosed or shared their personal information;
categories of personal information that we have disclosed or shared with a third party for a business purpose; and
categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.

Additionally, California residents also have the right to:

Request the deletion of certain personal information by Us;
correct inaccurate personal information;
opt out of the sale or sharing of your personal information;
opt out of Automated decision making; and
in certain cases, limit the use and disclosure of sensitive personal information.

The CCPA, as amended prohibits discrimination against California residents for exercising their rights under the CCPA.

Submitting Requests

Please address written requests regarding disclosures, deletion, or correction of information, as well as any inquiries about your rights, to corporatecompliance@newpoint.com or call us 1-800-728-5772 (toll free).

Note that, as required by law, we will require you to prove your identity. We may conduct an identity verification by phone call or email. Depending on your request, we may verify your identity through the account log-in process or by verifying your name or other personal information. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.

Information for Authorized Agents

If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:

A completed, notarized, Authorized Agent Designation document indicating that you have authorization to act on the consumer’s behalf.
If you are a business, proof that you are registered with the Secretary of State to conduct business in California.
If we do not receive both pieces of information, the request will be denied.

Children Under the Age of 16

Our products/services are not intended for children under 16 years of age. We do not knowingly collect personal information from an individual under the age of 16. If You are under the age of 16, please do not submit any personal information through the Website, app, or service. If You have reason to believe that We may have accidentally received personal information from an individual under age 16, please contact us immediately at 1-800-728-5772 or email us at corporatecompliance@newpoint.com.

General Contact Information

If you have any questions, comments, or complaints concerning our privacy practices please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.

corporatecompliance@newpoint.com
1-469-440-5655

Effective Date: June 21, 2021

Last Updated Date: August 7, 2023