Lending Exchange

Privacy Policy

Oliana LLC (“Oliana” 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 Lending Exchange (“lendingXchange”) SaaS platform (the “Platform”) that operates funding marketplace (the “Exchange”) for evaluation and funding real estate projects (the “Platform Services”). This Privacy Policy applies to the Oliana LLC and our affiliates, and should be read in conjunction with the our Terms of Service and any other agreement you enter into with Oliana.

Who We Are

Oliana is a real estate software tooling services company that operates the Platform located at lendingexchange.io. lendingXchnage is a marketplace where real estate entrepreneurs can evaluate their projects and can submit their projects information to Exchange to request funding. The real estate lenders that are governed by Oliana could review the published project information in “Exchange” (part of the Platform Services) and offer loan products to the real estate entrepreneurs that initiated the funding requests to Exchange. If the real estate entrepreneurs are interested in the offered loan products they can share their contact details with a specific lender by selecting the preferred loan option. We provide access to the Platform Services to real estate entrepreneurs and real estate lenders that operate in the same class of the real estate to create efficiency and standardization of how the private money projects are evaluated and funded. 

If you have any questions about this Policy, the practices of the Platform Services, your dealings with the Platform Services, 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 Platform 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 Oliana to provide those services. Because the Platform Services are loan related products, we collect personal and financial information from you. While this information is gathered mostly when you register or submit a real estate project for funding, additional information may be gathered during subsequent visits to our Platform. 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.

  • Account Registration: When customers sign up and create their accounts through our Platform, we collect a name, email address, and ask you to create a password. Once completed we assign a tenant ID to the registered account. We use this to maintain an account with you.
  • Profile Information:
    • Real Estate Entrepreneur – After you register for an account, we ask that you set up an Entrepreneur Profile for the purposes of providing you with service offering based on your experience, project locations, and track record. Entrepreneur Profile Information includes your organization details (if applicable), your first and last name, home address (including city, state, and ZIP code), and a contact phone number that is being verified using 3rd party verification service. We use this information to ensure that you are a suitable candidate for our services, to properly identify you, to protect against fraud, and other purposes related to providing you the Platform Services in a safe and secure manner. Additionally, on a project submission to the Exchange the Entrepreneur Profile stores the addresses of the historical projects executed by the entrepreneur, optionally Social Security Number if the entrepreneur opted in to retrieve a “soft pulled” credit report, FICO score, addresses of the properties that can be used as proof of liquidity for the funding requests.
    • Real Estate Lender –  After you register for an account, we ask that you set up a Lender Profile for the purposes of providing you with service offering based on your specialization and licensing. Information includes your organization details, your first and last name, home address (including city, state, and ZIP code), and a contact phone number. Before you can submit loan offers to the Real Estate Entrepreneurs you are required to submit the business organization documentation and lender licensing documentation for every state you would like to offer your loan products. We use this information to ensure that you are a suitable candidate for our services, to properly identify you, to protect against fraud, and other purposes related to providing you the Platform Services in a safe and secure manner.
  • Account History: We maintain records of your account activity when you are logged in to your account for security and operations purposes. Account activity includes the age of your account, our Platform browsing history,
    • Real Estate Entrepreneur – history of your projects funding activity, and other information related to your activity while on the Platform.
    • Real Estate Lenders – history of your funding offerings activity, and other information related to your activity while on the Platform.
  • Project Evaluation and Funding Activity:
    • Real Estate Entrepreneur – Platform keeps track of your project evaluation and funding activity for your current and past projects. Project evaluation and funding activity includes the property details, funding request details and decisions made on the loan offers provided from lenders. This information is processed in order to provide you with ongoing information about your project evaluation and funding, to improve the platform and other purposes consistent with our provision of services to you.
    • Real Estate Lender – Platform keeps track of your loan offerings and decisions made by the Real Estate Entrepreneurs on loan offerings submitted by you. This information is processed in order to provide you with ongoing information about attractiveness of your offers and their status, to improve the platform and other purposes consistent with our provision of services to you.
  • Browser and Device Information: Like all online services, we automatically collect technical data about your interaction with our Services. We do so when you visit the Platform or receive communications from us. This may include:
  • Device information: Including the type of device, model, operating systems and versions, unique identifiers, and other settings). We collect this information to identify your device and to enable us and the Platform to properly communicate with you.
  • Log Data: including dates and times of visits, pages viewed, incoming and outgoing URLs, IP address, links clicked, and other interactions and activities you take while using the Services.
  • Cookie Data: Cookies and local storage may be set and accessed on your computer. These are small files containing a string of characters that is sent to your computer’s browser and stored on your device when you visit a website. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent; however, doing so will likely impact your ability to use our Services. You can learn more about the cookies we placed and those placed on our behalf in our Cookie Policy.
  • Pixel Data: Depending on your interaction with use, we may use (or have other use on our behalf) pixels, SDKs and other storage technologies, which operate similar to cookies, to collect or receive information from the Platform and other websites and apps to provide measurement services and target ads. You can learn more about Pixel Data in our Cookie Policy.

Our Communications With You

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

  • Confirmations of particular actions you have taken.
  • Notifications of changes to various legal agreements or policies.

Generally, you may not opt out of the foregoing types of emails. After you register with us, 

  • Real Estate Entrepreneur – you will receive emails that confirm the actions you do while submitting your project for funding or the emails that inform you about actions that lenders make when they interact with the project submitted by you. 
  • Real Estate Lender – you will receive emails that notify about new projects that submitted for funding, emails that confirm the actions you do while submitting your loan offers and emails that notify about a project state change if you submitted a loan offer for this project.

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

  • Real Estate Entrepreneur – when you select a loan offer from a specific lender, we share your personal information with the lender that submitted the selected loan offer in order for the lender to contact you and initiate a process of loan offering. 
  • Real Estate Lender – when a Real Estate Entrepreneur selects a loan offer from you, we share your contact information with the business details in order for the entrepreneur to contact you and initiate a process of loan offering. 

This sharing is done at your direction as exhibited through your interaction with the Platform Services and/or your communications with us.

Our Operations Partners

Platform Services  work 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, real estate data, and signature providers. Your information may be shared with these partners in order to provide our Platform 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 Platform 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:

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 Oliana.

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 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 [email protected] 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 Oliana or Lending Exchange Platform 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://lendingexchange.io/privacy-policy. 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 (Oliana) 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:

  • To request that the business disclose what personal information (about you) it collects, uses, discloses, and sells.
  • To request deletion of your personal information collected or maintained by the business. This right is limited, and we may not always honor your request, particularly when it is necessary to maintain your information for legal purposes or to complete the business we have with you.
  • To opt-out of the sale of your personal information by the business. A “sale” occurs when your personal information is exchanged with a, non-service provider, third party in exchange for valuable consideration. It is not a sale when you intentionally authorize us to disclose your personal information or interact with a third party. To exercise your right to opt-out, please click Do Not Sell My Personal Information.
  • To not receive discriminatory treatment by the business for exercising any of the privacy rights conferred under the CCPA.

Exercising Your Rights Under the CCPA

  • How to make a disclosure request
  • You may request these disclosures by emailing to [email protected] to receive 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. Email [email protected] 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 requesting this using the contact email address [email protected]. 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 [email protected] and reference “Shine the Light.”

If you need further assistance, please contact us at [email protected]