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:
Email: info@Constlending.com
Telephone: 203-489-0229
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.
Account Registration: When retail platform customers sign up and create their accounts through our Website, we collect a name, email address, and ask you to create a password. Once completed we assign a Individual Account Number (IAN) to you. We use this to maintain an account with you.
Investor Profile Information: After you register for an account, we ask that you set up an Investor Profile for the purposes of providing you with service offering based on your experience, knowledge, and investing preferences. Investor Profile Information includes your first and last name, home address (including city, state, and ZIP code), country of residence, phone number, date of birth, driver’s license number, and Social Security number (which we need for tax reporting and identity verification purposes). 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 Services in a safe and secure manner.
Banking Information: Customers are asked to provide their banking information in order to deposit funds necessary for investing. Banking Information includes your financial account numbers and other information related to your financial institutions.
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 website browsing history, records of your transactions, and other information related to your activity while on the Constitution platform.
Investment Activity: Constitution keeps track of your investment activity for your current and past investments. Investment activity includes the name of the property you have invested in, your investment amount, outstanding principal, investment rate, earnings, start date, maturity date, status, notices, prior notices, paid off dates, and other information related to your investment activity. This information is processed in order to provide you with ongoing information about your investments, for tax and record-keeping purposes, 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 Constitution 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 identity your device and to enable us and the Constitution 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 Constitution Platform and other websites and apps to provide measurement services and target ads. You can learn more about Pixel Data in our Cookie Policy.
Information From Other Sources. We offer the investment services on the Constitution Platform only to qualified accredited investors. As part of our due diligence process, we transmit and receive personal information about individuals to credit reporting agencies, for the purposes of assessing your suitability to use our Service and to prevent fraud and identity theft. We also collect and share information about you for tax reporting purposes and fraud prevention, including Tax ID numbers, social security numbers, and Drivers’ License numbers.
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, 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:
Enabling or configuring browser settings to clear, delete, or prevent cookies. You can learn how to do so on various browsers here: https://www.allaboutcookies.org/manage-cookies/
Opt-out of personalized ads and cookies through Google by going here and here. You can also download the Google Analytics Opt-Out Browser Add-on.
Restricting Facebook’s use of cookies by going here.
You can also find additional information on cookie controls and advertisement at the Network Advertising Initiative and the Digital Advertising Alliance.
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:
Exercising the Right to Know. You may request, up to twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:
the categories and specific pieces of personal information we have collected about you;
the categories of sources from which we collected the personal information;
the business or commercial purpose for which we collected the personal information;
the categories of third parties with whom we shared the personal information; and
the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
Exercising the right to delete. You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
Exercising the right to opt-out from a sale. You may request to opt out of any “sale” of your personal information that may take place.
Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.
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:
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 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.”
