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PRIVACY 
POLICY FOR CALIFORNIA

RESIDENTS

Please read the following carefully before using our website. Keep it for your records.

This Privacy Policy for California Residents (this “Policy”) applies solely to residents of the State of California (“consumers” or “you”) and is in addition to the information provided in Lanikai Capital Advisors LLC’s Privacy Policy. Lanikai Capital Advisors LLC and its affiliates and subsidiaries (collectively referred to as “Company”, “we”, “us”, and “our”) provide compliance with the California Consumer Privacy Act of 2018 (the “CCPA”), as may be amended. Note any terms defined in the CCPA have the same meaning when used in this Policy.

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INFORMATION WE MAY COLLECT

We collect information that can identify, is connected to, describes, references, or allows an ability to connect to by inference of data, directly or indirectly, with a particular consumer, household, or device (“Personal Information”). Personal Information also refers to “Sensitive Personal Information,” such as a person's social security number, financial information and accounts, driver’s licenses, IDs, passport number, or other legally protected characteristics.

 

Consumer Personal Information does not include:

  • Publicly available information that can be gathered from government records.

  • Deidentified or aggregated consumer information.

  • Information explicitly excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

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The following categories of Personal Information from consumers may be collected or have already been collected,  including over the preceding 12 months, for business purposes:

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Identifiers - Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

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Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).-A name, signature, Social Security number, address, telephone number, identification numbers, insurance policy number, bank account number, credit card number, debit card number, or any other financial information. Some Personal Information included in this category may overlap with other categories.

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Protected Classification Characteristics under California or federal law. -Age, race, color, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status.

 

Commercial information. -Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

Internet or other similar network activity. -Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

 

Geolocation data .-Physical location or movements.

 

Professional, educational or employment-related information. -Current or past job history, performance evaluations, education records.

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We do not use or disclose Sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA.

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The categories of sources from whom we collected the categories of Personal Information listed above include:

  • Directly from you. For example, from document submissions you provide us.

  • Indirectly from you. For example, from observing your movement and actions on our Website.

  • From third parties, such as vendors providing technology services, marketing and advertiser providers, analytics providers, and consumer reporting agencies.

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USE OF PERSONAL INFORMATION

In the past 12 months, we have collected and used the categories of Personal Information listed above for the following business purposes:

  • To fulfill or meet the reason the information was provided by you. For example, if you provide your name and contact information to request a returned call or ask a question about our products or Services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information in connection with a product or service, we will use that information to create a quote, obtain a term sheet, process your request for completion of the product or service.

  • To increase the speed of our Website, products, and services and make information more relevant and easier to find.

  • To process your requests, complete real estate financial transactions, and process payments and prevent transactional fraud.

  • To provide you with support and to respond to your inquiries, including to research and respond to your concerns and improve our responses.

  • To create content and product and service offerings applicable to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message, or other electronic means of communication (with your consent, as required by applicable law).

  • To improve and maintain the safety, security, and integrity of our Website, products and services, databases and any and all additional technology assets, and business.

  • For making improvements to our Website, products, and services through testing, research and customer interactions.

  • To respond to legal requirements to cooperate with law enforcement as required by applicable law, court order, or governmental regulations.

  • For reasons described to you when collecting your Personal Information or as otherwise disclosed in the CCPA.

  • For sale of the Business. Personal information could be transferred in the event of a merger, restructuring, divestiture, reorganization, or other sale or transfer of some or all of Lanikai Capital Advisors LLC’s assets. Information could also be used to evaluate or conduct a merger, evaluated whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

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We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice, and updating this privacy notice.

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DISCLOSURE OF PERSONAL INFORMATION

We do not “sell” or “share” (as those terms are defined by the CCPA) Personal Information to third parties. We may disclose Personal Information for a business purpose to the following categories of third parties:

  • Service providers, vendors, or third parties that provide mortgage, real property, or credit or financial-related services (e.g., appraisers, closing agents, title agents, PMI companies, or consumer reporting agencies).

  • Service providers, vendors, or third parties that provide services related to compliance, website hosting, information technology, data security, or support services.

  • Investors or wholesale lenders.

  • Government agencies as required by governmental regulations, legal requirements to cooperate with law enforcement, and court orders.

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We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract.

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YOUR RIGHTS UNDER THE CCPA

The CCPA provides California resident consumers with specific rights regarding their Personal Information. This following is a description of your CCPA rights and provides information on how to exercise those rights.

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RIGHT TO KNOW

You have the right to request that we disclose certain information to you about our collection, use, disclosure, and sale of your Personal Information over the past 12 months (the “right to know”), subject to certain exemptions specified in the CCPA. Once we receive and confirm your request and verify your identity (see “Exercising Your Rights to Know or Delete” herein), we will disclose to you:

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  • The categories of Personal Information we collected about you.

  • The categories of sources from which your Personal Information was collected.

  • Our business or commercial purpose for collecting or sharing that Personal Information.

  • The specific pieces of Personal Information we collected about you.

  • The categories of Personal Information about you that we shared for a business purpose.

  • The categories of third parties with whom we shared that Personal Information.

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RIGHT TO CORRECT INFORMATION

You have the right to request that we correct inaccurate data that we have collected in relation to your Personal information.

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RIGHT TO DELETE

You have the right to request that we delete any of your Personal Information that we collected from you, subject to certain exceptions (the “right to delete”). Once we receive and confirm your request and verify your identity (see “Exercising Your Rights to Know or Delete” herein), we will review your request to see if there is need and reason to rely on an exception to allow us to retain the information that applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the Personal Information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

  • Detect and identify security incidents, protect against malicious, deceptive, fraudulent, or illegal activities, or prosecute persons responsible for such activities.

  • Debug to identify and correct errors that impair existing intended functionality.

  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.) or any other legal obligation or regulation.

  • Allow internal uses that are reasonable and aligned with your expectations as in relation to your relationship with us.

  • Make other business and lawful uses of that information that are in relation to the context in which you provided it to us.

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We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

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RIGHT TO OPT OUT

You have the right to request that we not sell or share your Personal Information to third parties.

 

RIGHT TO NONDISCIMINATION

We will not discriminate against you for exercising any of your rights under the CCPA.

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EXCERCISING YOUR RIGHTS TO KNOW, CORRECT, OR DELETE

To exercise your rights to know, correct, or delete described above, please submit a verifiable consumer request using one of the following methods:

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A verifiable consumer request must provide sufficient (i) information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative, and (ii) detail that allows us to properly understand, evaluate, and respond to it.

Only you, or an authorized agent may make a verifiable consumer request related to your Personal Information.  If you wish to have an authorized agent make a verifiable consumer requests on your behalf, they will need to provide us with sufficient written proof that you have designated them as your authorized agent and we will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected Personal Information.

We cannot respond to your request or provide you with Personal Information if we cannot confirm your identity or authority to make the request and confirm the Personal Information relates to you.  You do not need to create an account with us to submit a request to know or delete.  We will only use Personal Information provided in the verifiable consumer request to verify the requestor’s identity or authority to make the request.

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RESPONSE TIMING AND FORMAT

Upon receiving a consumer request, we will take action to promptly confirm receipt of the request and provide information on how we will process the received request. We endeavor to respond to a verifiable consumer request within 45 calendar days of its receipt.

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RETENTION AND DELETION OF PERSONAL INFORMATION

We retain your Personal Information for as long as is necessary for the purposes for which it was collected, or as may be required by law. The following criteria is used to determine the length of time for which we retain information:

  • the business purposes for which the information is used, and the length of time for which the information is required to achieve those purposes;

  • whether we are required to retain the information to fulfill reasonable business needs, company legal obligations, and compliance requirements;

  • the privacy impact on the consumer of ongoing retention;

  • whether we should retain the information to protect against fraud, identify ongoing illegal activity and other security vulnerabilities; and

  • the format in which information is maintained in our systems, including the complexity of systems.

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CHANGES TO THIS POLICY

We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website and/or services following the posting of changes constitutes your acceptance of such changes. Please check this page regularly to view the latest copy of the California Privacy Policy.

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CONTACT INFORMATION

If you have any questions or comments about this Policy, the ways in which Lanikai Capital Advisors LLC collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please contact us by:

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Last modified: May 2, 2023

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© 2024 Lanikai Capital Advisors LLC

 

*Rates, terms and conditions offered apply only to qualified borrowers in accordance with lender guidelines at the time of application, property factors and geography and are subject to change at any time without notice. This is a non-binding expression of interest and does not create any legally binding commitment or obligation on the part of Lanikai Capital Advisors LLC, its affiliates, or end funding sources and are subject to our credit, legal and investment approval process. Not available where prohibited by law, or in states where Lanikai Capital Advisors, LLC does not trade. Loans are available only on non-owner occupied real property. We do not make consumer loans or loans primarily for personal, family or household use. This is not a commitment to lend. All offers of credit are subject to approval. Restrictions may apply.

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