Last updated on August 11, 2016
Maxwell Financial Labs, Inc. (“Maxwell,” “we,” “us,” “our”) provides its services (described below) to its users (“you, “your”) through its website located at www.himaxwell.com or other related domains through which we may offer services from time to time (the “Site”) and through any mobile applications, and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Privacy Pledge. The Services are offered as a platform (the “Platform”) to users of the Services, which may include Borrowers, Lenders, and Realtors (each defined below). The Services are designed to facilitate document assembly for potential borrowers (“Borrowers”) for the loan officer at their mortgage lender (“Lenders”). A Lender may also authorize the Services to provide certain information relating to the status of the loan agreements to the Borrower’s real estate agent (a “Realtor”) or to other parties in the transaction, in order to facilitate document assembly. This Privacy Pledge sets forth Maxwell’s policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from visitors to the Site and Services.
Information We Collect
When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:
Personal Data That You Provide Through the Services:We collect Personal Data from you when you voluntarily provide such information, such as when you use certain Services (which may require you, as a Borrower, to upload digital copies of documents containing your Personal Data to Maxwell’s cloud storage vault (the “Vault”), contact us with inquiries, or respond to one of our surveys, register for access to the Services. Wherever Maxwell collects Personal Data we make an effort to provide a link to this Privacy Pledge.
By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Pledge. If you provide Personal Data to the Services, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Maxwell and the authorized third parties referred to herein located in the United States.
Non-Identifiable Data:Loan officers of various mortgage lenders (“Lenders”) subscribe for the Services by clicking “I Agree” during their first sign-in or by executing a definitive services agreement (“Sign Up”). Subject to the terms and conditions of this Agreement, Maxwell grants to Lenders who are Users a non-exclusive, non-transferable license during the Term, to permit you to access the Services through Maxwell’s currently available interfaces.
Aggregated Personal Data:In an ongoing effort to better understand and serve the users of the Services, Maxwell often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Maxwell may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Maxwell may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Our Use of Your Personal Data and Other Information
Maxwell uses the Personal Data you provide in a manner that is consistent with this Privacy Pledge. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Maxwell and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the Services to help us improve the content and functionality of the Services, to better understand our users and to improve the Services. Maxwell and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
If Maxwell intends on using any Personal Data in any manner that is not consistent with this Privacy Pledge, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.
You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
Our Disclosure of Your Personal Data and Other Information
Communication to Your Lender; Communications with Realtors:
If you are a Borrower, we will share your Personal Data with Your Lender and/or Realtor, as described in in the Terms of Service in order to provide you with the Services. In addition, if you are a Lender, we will share your Personal Data with Borrowers and Realtors, or if you are a Realtor, we will share your Personal Data with Borrowers and Lenders, in each case in order to provide the Services.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Related Companies:We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Pledge.
Agents, Consultants and Related Third Parties:Maxwell, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Legal Requirements:Maxwell may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Maxwell, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services. You, as a Borrower, may delete documents which you have uploaded to the Vault at any time. Since Maxwell is not party to the loan transaction, if you have shared your Personal Information on the Services with a Lender in order to permit the Lender to work with you regarding your loan, you may contact that Lender directly if you wish to ask them to cease activity on your loan.
This Privacy Pledge does not apply to any Personal Data collected by Maxwell other than Personal Data collected through the Services. This Privacy Pledge shall not apply to any unsolicited information you provide to Maxwell through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Maxwell shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.
Maxwell does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Pledge by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Maxwell through the Services, please contact us, and we will endeavor to delete that information from our databases.
Links to Other Web Sites
This Privacy Pledge applies only to the Services. The Services may contain links to other web sites not operated or controlled by Maxwell (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Maxwell endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Maxwell takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send via email to us or via the Services or upload to the Vault. Please keep this in mind when disclosing any Personal Data to Maxwell via the Internet.
Other Terms and Conditions
Your access to and use of the Services is subject to the Terms of Service.
Changes to Maxwell’s Privacy Pledge
The Services and our business may change from time to time. As a result, at times it may be necessary for Maxwell to make changes to this Privacy Pledge. Maxwell reserves the right to update or modify this Privacy Pledge at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Pledge was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Pledge shall indicate your agreement with the terms of such revised Privacy Pledge.
Access to Information; Contacting Maxwell
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services.
Please also feel free to contact us if you have any questions about Maxwell’s Privacy Pledge or the information practices of the Services.
You may contact us as follows:
- Mailing Address:
- Maxwell Financial Labs, Inc.
- 518 17th St. Suite 950, Denver, CO 80202
- Telephone Number:
- Email Address:
- [email protected]