Privacy Policy

Constitution Credit(“Constitution” or “our” or “we” or “us”) takes your privacy seriously and has prepared this privacy policy to explain to you how we collect, use, and share the personal information collected and created in connection with your use of the Constitution Platform (the “Services”). This Privacy Policy applies to the Constitution member, and our affiliates, and should be read in conjunction with the our Terms of Service and any other agreement you enter into with Constitution.

Who We Are

Constitution is real estate loan investment services company that operates the Constitution Platform located at Constlending.com. Constitution is a marketplace where accredited investors can invest in high-quality private real estate loans. We provide access for accredited investors, funds and institutions to a historically difficult-to-access asset class. Access to the Constitution Platform is not permitted to everyone.

If you have any questions about this Policy, the practices of the Site, your dealings with the Site, or wish to update us with your preferences, you may contact us using one of the following methods:

Information We Collect

When we provide the Services, we collect or receive information in several different ways. In many cases you choose what information to provide and some of it is required in order to use our service and for Constitution to provide those services. Because we offer investment-related services, we collect personal and financial information from you. While this information is gathered mostly when you register, additional information may be gathered during subsequent visits to our website. The following is a description of the processes by which we collect your personal information, the categories of personal information we collect, and the purposes for collecting it.

Our Communications With You

We will send you email communications for various reasons, including:

Generally, you may not opt out of the foregoing types of emails. After you register with us, you will receive emails when a new investment opportunity is available, and updates about how much of the investment remains available, as well as other relevant information. If you make an investment through the website, we will also send you confirmations of the investment and occasional updates as to the status of that investment. Occasionally, we may send surveys, user feedback requests or various offers from us or our partners and affiliates. Response to such email is voluntary and if you do not wish to receive such email, you may opt out by clicking the appropriate button in an email you receive from us.

You may also be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all business purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. We may contact you in any way, including SMS and text messages. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You may opt out of these types of communication by contacting us.

Information We Share With Others

When you enter into an investment, we share your personal information with lenders, brokers, real estate companies, real estate securities issuers, and other parties in order to provide investment services. This sharing is done at your direction as exhibited through your interaction with the Constitution Platform and/or your communications with us.

Our Operations Partners

Constitution works with trusted partners who perform certain key operational functions for us. The partners we work with include website hosting, marketing and transactional communications, customer service, product analysis, business intelligence, and electronic payment and signature providers. We may work with other service provider or third parties to undertake other functions such as account servicing. Your information may be shared with these partners in order to provide our Services. When we share your personal information with vendors and service providers who perform functions on our behalf, we require the security and confidentiality of your information, as well as limiting their use of the information to reasonably and necessarily to carry out their work with us and comply with applicable laws and regulations.

Advertisers

We share your personal information with third-party marketers who provide advertising on our behalf. In order to serve offers and advertisements that may be of interest to you, we display targeted advertisements on the Services, or other digital properties or applications in conjunction with our content, based on information provided to us by our users and information provided to us by third parties that they have independently collected. These advertisers collect and use information gathered from cookies and other technology, including personal information about you and your devices, in order to provide advertisements about goods or services (including our own) that may be of interest to you. These companies typically use tracking technologies to collect this information—their use of such technologies is subject to their terms and privacy practices.

Restricting Advertisement: You have the ability to restrict the use of cookies and advertising IDs. You can do this by:

Electronic Fund Transfers (“EFTs”) and Account Balances

Constlending.com has partnered with financial services software company Sila Inc. to offer you EFTs. When you create a Constlending.com Account, you might also be prompted to sign up for a Sila Account. You authorize Constlending.com to share your identity and banking information with Sila Inc. to open and support your Constlending.com Account. It is your responsibility to make sure the data you provide us is accurate and complete. You must comply with Sila Inc.’s privacy policy (the “Sila Privacy Policy”) when creating or using your Constlending.com Account. The Sila Privacy Policy may be modified from time to time, and the governing version is incorporated by reference into this Privacy Policy. Any term not defined in this [paragraph, section, or addendum] but defined in the Sila Privacy Policy assumes the meaning as defined in the Sila Privacy Policy.

California Privacy Rights

If you are a resident of the State of California, under the California Consumer Privacy Act (CCPA), you have the right to request information on how to exercise your disclosure choice options from companies conducting business in California. Specifically:

To submit a request to exercise any of the rights described above, you may contact us via postal mail, proper postage prepaid, at:

Constlending.com, Attn: Your California Privacy Rights
500 Post Road East, 2nd Floor Westport CT 06880.

Please indicate your preference as to how you would like us to respond to your request (i.e., email or postal mail).

All requests sent via postal mail must be labeled “Your California Privacy Rights” on the envelope or postcard and clearly stated on the actual request. For all requests, please include your name, street address (if you would like a response via postal mail), city, state, and zip code. We may need to verify your identity before responding to your request, such as verifying that the email address or contact information from which you send the request matches your email address or contact information that we have on file. Authentication based on a government-issued and valid identification document may be required. We will not accept requests via telephone or fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Other Disclosures

When legally required by a law enforcement or government agency to do so, we will share your information. We also may share your personal information when we believe that disclosure is necessary to comply with a court order or judicial proceeding. Additionally, we reserve the right to disclose any of your personal information that we believe is necessary to mitigate liability, comply with audit, regulatory or compliance requirements, defend against claims of third parties, to assist government enforcement agencies, to protect the security of our website, or to protect the rights of our users, ourselves or others. Finally, personal information may be disclosed or transferred as part of, or during negotiations of, a merger, consolidation, sale of our assets, as well as equity financing, acquisition, strategic alliance or in any other situation where personal information may be transferred as one of the business assets of Constitution.

Correcting Personal Information

Please review your personal information to ensure that it is correct. If any of your information is incorrect, please either correct it or contact us with the correction.

International Users

If you are located outside the United States of America, and your location has laws governing data collection and use that differ from U.S. law, note that you are transferring your personal information to the U.S., and in such context, you are consenting to such transfer by providing your personal information.

Security Policy

The security of your personal information is very important to us. We maintain administrative, technical and physical safeguards designed to protect your information’s security, confidentiality and integrity. As part of our security regime, registered users of the Constitution Platform must log in with their password before gaining access to certain parts of our website. This password is encrypted while transmitted from your browser to our servers and while stored on our systems. To protect the security of your personal information, never share your password to anyone. Please notify us immediately if you believe your password has been compromised.

Access to your personal information is limited to our employees who have a legitimate business need. We maintain physical, electronic and procedural controls to protect your information, pursuant to customary industry standards and practices. Our website features multiple layers of security and we use encryption technologies to keep your information safe.

Privacy Rights of California Residents

If you are a California resident, you may be entitled to additional rights over your personal information. For more information about those rights and how to exercise them, please see our California privacy notice here, which is incorporated by reference into this policy.

Privacy Rights of Nevada Residents

We do not sell your covered information, as defined by Section 1.6 of Chapter 603A of the Nevada Revised Statutes. If you reside in Nevada, you have the right to submit a request to our designated request address info@Constlending.com regarding the sale of covered information.

Complaints to Regulators

California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to them at 400 R Street, Sacramento, CA 95814, or by telephone at 800.952.5210. For other states, please check with your state's consumer protection authority.

Security Precautions

There are several steps you can undertake to protect the security of your personal information. For example, you may choose a password comprised of a long string of random letters and numbers generated by a password service website. You can also install update antivirus and firewall software to protect your computer from external attacks. At the conclusion of every session on our website, please log out and close the browser window.

One type of fraudulent attempt to gain access to your account is known as "phishing," which involves a criminal trying to lure people to a website by using an email that appears legitimate that purports to be from a genuine company. Either in the body of such email or on such illegitimate site, criminals will ask for login information to gain access to your account and withdraw your money.

Under no circumstances would Peer Street ever send you an email asking you for your login information. Accordingly, you can protect yourself from “phishing” by never providing personal or login information via a link contained in an email.

Future Revisions

We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at https://www.constlending.com/privacy. If we make a change to this policy that, in our sole discretion, is material, we will notify you via email to the email address associated with your account. By continuing to access or use our website after those changes become effective, you agree to be bound by the revised Privacy Policy.

California Residents Privacy Notice

Updated on:

Effective January 1, 2020, the California law known as the California Consumer Privacy Act (“CCPA”) allows, with some exceptions, California residents to request that a business that collects consumers’ personal information to give consumers access to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with the CCPA, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information.

Notice to Business-to-Business Consumers: Many of the obligations imposed by the CCPA currently do not apply to personal information reflecting communications or transactions between the business (Constitution) and a California resident where the resident is acting on behalf of another business, e.g., a business-to-business transaction. If your personal information is being processed within this context, your rights under the CCPA are limited.

Your Rights Under California Law

The following are your rights under California law:

Exercising Your Rights Under the CCPA

How to make a disclosure request

You may request these disclosures by clicking here download a copy of your data. You have the right to make a free request two times in any 12-month period. We will make the disclosure within 45 days of receiving your request, unless we request an extension. In the event that we reasonably need a 45-day extension, we will notify you of the extension within the initial 45-day period.

Right of deletion

You have the right to request that we delete your personal information, subject to certain exceptions. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information, unless an exception applies. Click here to delete your data.

The CCPA permits using a designate an authorized agent to make a request on a consumer’s behalf. You may designate an agent by filling the agent-designation form here. Both the designated agent and the consumer are subject to verification before accepting a consumer rights request.

All consumer rights requests are subject to verification by us. We verify requests by matching the information provided by the consumer to the personal information of the consumer already maintained by the business. In some instances, we may use your contact information to contact you in order to verify your identity.

Shine the Light

Residents of the state of California have the right to request certain information from us with respect to the types of personal information we share with third parties for their direct marketing purposes, as well as the identities of the third parties we have shared such information with during the immediately preceding calendar year. To exercise your choices, please contact us at info@constlending.com and reference “Shine the Light.”