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Terms and Privacy

Sunfish Solutions, LLC (“Sunfish,” “we,” or “us”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit our website or use our services and describe our practices for collecting, using, maintaining, protecting and disclosing that information. For clarity, we will refer to our website and our services throughout this Privacy Policy as the “Services.”

This Privacy Policy applies to any person who uses our Services and how we collect and use their personal information.

This Privacy Policy is meant to help you understand how we and our affiliates collect, secure, use, and disclose your personal information in connection with our Services. This Privacy Policy applies to personal information we collect from you and from third parties, both online and offline. If you receive a financial product or service by or through us, this Privacy Policy should be read together with the GLBA Privacy Notice. This Privacy Policy covers privacy matters not covered by the GLBA Privacy Notice, which will govern how we use and share information when you request or obtain a financial product or service from or through us.

By using Sunfish’s services, or otherwise providing us with personal information, you agree that your personal information is subject to this Privacy Policy and any updates we make to it. Our Terms of Use take precedent over any provision conflicting with our privacy policy.


Changes to Our Privacy Policy

We update our Privacy Policy regularly at our sole discretion —this version is effective as of the date indicated above. We will notify you of material changes to the Privacy Policy by email or by other means  or by posting the updated Privacy Policy  on our Services. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.


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1. HOW AND WHY WE COLLECT INFORMATION ABOUT YOU
1.1. Information you provide us
1.1.1. Personal Information
We collect personal information from you to help you use our Services. When we say “personal information,” we mean information that specifically identifies you.

We collect this information in a number of ways. You are asked to provide personal information to us while submitting loan applications, registering to use our Services, discussing your application or product with us, or providing feedback to us. Examples of personal information include:


Your Name
Your Address
Telephone Number
Email Address
Social Security Number
Employment Information
Salary Information

We may supplement the personal information you submit to us with information from third-party sources.

Finally, we never intend to collect personal information from children under 18 years of age. If we learn or are notified that we have collected this information from a child under the age of 18, we will promptly remove the data from our system.

1.2. Information we Collect About You
1.2.1 Aggregate and de-identified Information
Aggregate and de-identified information, which is data we collect about your use of our Services, from which personal information has been removed. Aggregate and de-identified information is used to help us understand consumer trends, needs, interests, and preferences so we can improve our products and services.

Sunfish may also collect demographic information, which is anonymous, and may include:
Age
Date of Birth
Income
Geographic Area

1.2.2. Consumer Reports
As a company engaged in lending, Sunfish both receives and transmits data to consumer reporting agencies. We partner with these agencies to assess your creditworthiness and to prevent fraud and identity theft. This is done as part of our regular underwriting, fraud prevention and loan servicing processes.

Information we collect in these reports includes, but is not limited to:
Information about open and closed credit accounts, including the date opened, the date closed (if applicable), the latest reported monthly balance and monthly payment
Information about credit inquiries
Information about late payments and collection actions occurring on open and closed credit accounts
Information regarding public records of bankruptcy, judgements, tax liens, and other payment statuses
The credit score produced by the credit bureau providing the report
Information about your transaction history, assets, and account balances
Correcting information maintained by the credit bureaus

Information related to your creditworthiness is maintained by the credit bureaus. If you find that there is an error or you want to dispute the information found in your credit report, please contact the credit reporting bureaus.

Experian – https://www.experian.com/
Transunion – https://dispute.transunion.com/
Equifax – https://www.equifax.com/personal/


1.2.3. Services
Use Data Sunfish also collects information about your computer or mobile device to improve and evaluate your use of our Services. We may gather data such as your browser type, operating system, loading or exiting of web pages, and the Internet Protocol (IP) address of your computer or device.

1.2.4 Information We Get from Others
We may contract with third parties to place advertisements for our Services on websites that are not our own. We may place these ads where we think they are likely to be most relevant. These advertisements on third-party websites allow us to track responses to our ads. We and our affiliates use this information to track the performance of our advertising and marketing campaigns by using tools like cookies, web beacons and similar technologies. We use these tools to collect and store information about your visits, page visits and duration, and the specific ad or link that the user clicked on to visit the site.

1.2.5 Cookies
Sunfish may use “cookies” and similar tools to track your use of our website when you use our Services. We collect information such as the types of service used, and number of users we receive daily. Our web servers may automatically log information about your computer, but we don’t use this information to identify you personally.

We and our vendors use cookies to improve our Services and to provide more convenient and relevant experiences to you. Cookies are designed to transfer a small amount of data to your browser by servers within a domain. That data is only read by designated servers within that domain. It functions as your computer’s identification card and enables Sunfish to improve your experience by securely maintaining your authenticated session and preferences.

We may use tracking technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital Services are used and to continually improve and personalize our Services. Some of our analytics provider include:

Google Analytics. To assist Sunfish in maintaining and improving our service, and our site, Sunfish uses Google Analytics to gather information about usage of our site. The information helps Sunfish improve the performance of our service and site for you. For more information on Google’s use of the data, please see the website “How Google uses data when you use our partners’ sites or apps” located at https://policies.google.com/technologies/partner-sites.

Hotjar. Sunfish uses Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our Services with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. By using our Services, you agree that Hotjar may record your interactions with our website and other Services. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

For further details about Hotjar’s data collection and use practices, please see the Hotjar Privacy Policy available here and the ‘about Hotjar’ section of Hotjar’s support site.


A web beacon embeds a small transparent gif image in a web page or email used to track when the page or email has been viewed. A similar device may be used where a product, service or functionality sends data to a server when a set of user-initiated events occur such as clicking a button on the website or in an email. This is similar to a cookie – it tracks your visit and the data is only read by the server that receives the data. However, it differs because it is not browser-based, may not function as an ID card and doesn’t store any data on your computer.

Most Internet browsers are set up to accept cookies automatically. You can set your browser to notify you when you receive a cookie, allowing you to decide whether or not to accept it. For some web pages requiring an authorization, cookies are not optional. Users choosing not to accept cookies or similar devices will probably not be able to access those pages or their products and services.


1.2.5 Contacting us by Telephone
If you communicate with us by telephone, we may monitor or record the call. This is done for reasons such as maintaining the integrity of your account, providing effective and timely service, and the improvement of Sunfish’s products.


1.2.6 Telephone Consumer Protection Act Communication Consent

Consent for Communications: You consent to use of an automatic telephone dialing system (“ATDS”) and/or artificial or prerecorded messages by Sunfish and its affiliates, agents and service providers (“we,” “us,” “our”) for any lawful purpose, including marketing messages, to any telephone number you provide to us, now and in the future, including cellular telephone numbers. You understand and agree these communications may include your personal information. You consent to the monitoring and recording of your telephone calls with us to assure service quality and for other legitimate business reasons. We will not charge you for any communication we make or attempt, but your service provider may. If you wish to withdraw your consent to receive ATDS calls and texts or artificial or prerecorded messages for non-emergency purposes, you agree to do so by calling us at (510) 775-0064 or by sending an email to us at support@joinsunfish.com. You understand and agree that we may always communicate with you in any manner allowed by law that does not require your consent. You agree to notify us if any telephone number you have provided us changes or is reassigned to a new subscriber. You certify you are authorized to provide this consent because you are either the subscriber of the telephone number or a non-subscriber customary user with authority to provide this consent.

2. USE AND SHARING OF YOUR PERSONAL INFORMATION 2.1 How we use your personal information
We use your personal information to provide you with information or services you request, to inform you about other information and services we think will be of interest to you, to facilitate your use and our operation of our website, and to improve our products and services. We don’t forget about you once you’ve signed—Sunfish provides Services to help you build your family and manage costs.

Here are some examples of ways in which we use your personal information:
Creating and maintaining your login information on our site
Contacting you regarding issues with your account
Allowing our servicing partners to process your payments
Invitations to Sunfish events
Sending you information about new product offerings
Sharing your personal information

2.2 How we share your personal information

Sunfish may share your personal information with the following categories of third parties: 

  • Service Providers. We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services.
  • Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
  • Affiliates. We may share your personal information with our company affiliates.
  • Other Third Parties: Other third parties we share your personal information with may include, but are not limited to:
    • Our loan servicing partners who provide your statements, process your payments, and service your account or loan.
    • Other financial services firms or non-affiliated third parties for marketing purposes as permitted by applicable law (if you are a resident of California or Vermont we will not sell your information, or share your information with nonaffiliated third parties for their marketing purposes, without your consent).
    • Financial institutions as required by laws regulating loan securitization
    • Credit reporting agencies
    • Direct marketing service providers
    • Auditors and examiners
    • Law enforcement, regulators and other government bodies to comply with law enforcement or national security requests and legal process, such as a court order or subpoena 
    • Other external third parties as necessary to protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
    • Our regulators and other relevant government agencies

Please note that, if you are a current borrower, you may not control certain information associated with your loan that you have already agreed to provide to certain investors as described in your loan agreement.

Finally, we may disclose or transfer your personal information as part of, or during negotiations of, a merger, consolidation, sale of our assets, as well as equity financing, acquisition, strategic alliance involving Sunfish or in any other situation where personal information may be transferred or disclosed as one of the business assets of Sunfish.

2.3 Sharing of Aggregated/De-Identified Information. Personal information that we have collected may be aggregated or de-identified in a manner that no longer identifies you personally. We may share this aggregated or de-identified information with third parties for various business purposes, where permitted by applicable law.

3. PROTECTING YOUR PERSONAL INFORMATION
3.1. What we do to protect your personal information
Sunfish takes the privacy and security of its members’ personal information seriously. We maintain administrative, technical and physical safeguards designed to protect your information’s security, confidentiality and integrity.

Whenever we save your personal information, it’s stored in locations that only selected Sunfish personnel and our contractors have access to. Remember – all information you submit to us by email is not secure, so please do not send sensitive information in any email to Sunfish.

3.2. Steps you can take to help us keep your information safe
Sunfish urges your caution when using public computers or networks, like at a coffee shop or library. To best protect your personal information, don’t use such computers to access your sensitive accounts, and if you must, ensure that you logout of your account entirely. We would not ask for sensitive information over email or text.

4. YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION
We want you to be aware of the choices you have in limiting the sharing of your personal information.

4.1. Changing and Updating Your Personal Information
We want to provide you with the resources you need to keep your information with us correct and up-to-date. You can make changes to, or request to know more about, your personal information at any time by emailing us at info@joinsunfish.com. If you need to change any information related to your application or that you may have submitted to us, please contact us at info@joinsunfish.com.

Our website contains links to other sites that may collect your personal information. For example, Sunfish has relationships with various service providers whose services are available to you from our Services, from other websites or services that are linked to our Services, or in connection with our Services. These partners offer services we think our customers may find useful or will improve our Services. Those providers may require you to provide personal information to use their services. Personal information collected on other websites is not covered by this Privacy Policy. Unless stated otherwise, the policies of those partners will govern the collection, use, disclosure and security of your personal information. We encourage our users to read the privacy policies of each website and service with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or services. Providing personal information to third-party websites or applications is at your own risk.

Do Not Track Signals. We don’t respond to “do not track” signals or similar mechanisms – where a visitor to Sunfish’s website requests that we disable the collection of personal information about the visitor’s online activities, including navigation around our website and the Servicse. We may also permit third parties to collect aggregate usage information on our Servoces, and they may also not respond to “do not track” signals.

Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms of Use or this Privacy Policy).

Text Messages. If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth in “Contact Us” below. 

5. COMPLAINTS & CONCERNS
Sunfish takes your privacy seriously, and maintains a process to respond to your concerns regarding violations of this Privacy Policy. If you believe that we haven’t complied with this Privacy Policy in regards to your personal information or have questions regarding your privacy with us, please contact us at info@joinsunfish.com. If you are reporting non-compliance with this Privacy Policy, please describe the issue in as much detail as possible without disclosing any sensitive information about you or third parties.

6. RETENTION OF YOUR PERSONAL INFORMATION. We store the personal information we collect as described in this Privacy Policy for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. 

7. INTERNATIONAL DATA TRANSFERS Privacy laws and expectations vary from country to country. If you are visiting our ServicesWebsite from locations outside the United States, please note that by providing your personal information to us, you are agreeing to the transfer of your personal information to, and the collection and processing of such personal information in, the United States. U.S. laws regarding the collection, use, disclosure, and processing of personal information may vary from those in other countries and may be less stringent than the applicable laws in your jurisdiction. By providing us with your personal information, you consent to any transfer and processing in accordance with this Privacy Policy.

8. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you certain rights and choices regarding how we collect, share, use, and protect your “personal information” and how you can exercise those rights. The CCPA defines “personal information” as information that identifies, relates to, describes, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. We do not share or sell “personal information,” nor have we sold it, in the last 12 months.

Exceptions

Certain information that we collect may be exempt from the CCPA because it is considered public information or covered by financial privacy laws, such as the Gramm-Leach Bliley Act, the California Financial Information Privacy Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act. To the extent that we collect “personal information” that is subject to the CCPA, that information, our practices, and your rights are described below. Under the California Consumer Privacy Act, California residents have the right to:

Request that a business delete any personal information about the consumer which the business has collected from the consumer.

We collect the following categories of personal information:

  • Identifiers: such as name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers; 
  • Customer records information: such as name, signature, social security number, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit or debit card number, other financial information, medical information, health insurance information;
  • Characteristics of protected classifications under California or federal law: such as race, religion, sexual orientation, gender identity, gender expression, age; 
  • Biometric information: such as hair color, eye color, fingerprints, height, retina scans, facial recognition, voice, and other biometric data; 
  • Internet -or other electronic network activity information: such as browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement; and Geolocation data; and Inferences.


Request that a business that collects personal information about the consumer disclose to the consumer, free of charge, the following:

  • The categories of personal information that it has collected about that consumer.
  • The categories of sources from which the personal information is collected.
  • The business or commercial purpose for collecting or selling personal information
  • The categories of third parties with whom the business shares personal information.
  • The specific pieces of personal information it has collected about that consumer.
  • The categories of personal information that the business collected about the consumer.
  • The categories of personal information that the business disclosed about the consumer for a business purpose.

We do not sell or share your personal information.

You may submit a CCPA request by providing your first name, last name, email address, telephone number and ZIP code via one of the following methods:

Calling us toll-free at (510) 775-0064 and leaving a message with the above information and your specific CCPA request as described above.

You may also designate an authorized agent to make such requests on your behalf by mailing a signed Power of Attorney to: 2219 Main St, Unit 660, Santa Monica, CA 90405 or emailing support@joinsunfish.com.

We will not discriminate against you because you exercise any of the rights as described in this section.


7. NEVADA RESIDENTS

Nevada residents have the right to opt out of the sale of certain personal information to third parties who intend to license or sell that personal information. We do not “sell” personal information of Nevada residents as sales are defined under the Nevada privacy laws, but, if you are a Nevada resident who has questions or who wants to make this type of request, please send your email to support@joinsunfish.com.

8. CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at info@joinsunfish.com