Last updated and effective as of January 1, 2020
This Privacy Notice explains how we collect, use, disclose, and otherwise process personal information in connection with our services. This Privacy Notice is not, however, a contract and does not create any legal rights or obligations.
Table of Contents
- Who Are We?
- Our Services
- Region-Specific Disclosures
- What is Personal Information
- Our Collection and Use of Personal Information
- What Information We Share
- Your Communication Preferences
- Third-Party Websites
- Children’s Personal Information
- Changes to this Privacy Notice
- Contact Us
Who Are We?
5 Arch is a private mortgage company that provides business purpose loans to residential real estate investors primarily focused in the fix and flip, rental and multifamily property markets. 5 Arch is headquartered in Irvine, California and is a wholly-owned subsidiary of Redwood Trust, Inc. and its subsidiaries (“Redwood Trust”). When we use the terms “5 Arch”, “we”, “us”, or “our” in this Privacy Notice, we are referring to 5 Arches, LLC, 5 Arch Funding Corp., and 5 Arch Asset Management, LLC.
When we use the term “services” in this Privacy Notice, we mean the services that we offer through which we process the personal information of:
- visitors to this website,
- individual borrowers and guarantors of our business loan products, and
- representatives of businesses with whom we interact.
The term “services” does not include, and this Privacy Notice does not cover:
- when we act as a service provider processing personal information on behalf of another business (our contract with the business governs those activities), or
- personal information we process about our job applicants, employees and personnel (we maintain a separate notice for such “HR data”).
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain states or regions. Please refer below for disclosures that may be applicable to you:
- If you are a resident of the State of California in the United States, please click here for additional California-specific privacy disclosures.
What is Personal Information?
When we use the term “personal information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or reasonably linked to you.
Our Collection and Use of Personal Information
The personal information we collect, the way we collect it and how we use it depend on our relationship with you and how you interact with us.
Collection of Personal Information
We and our third-party partners and providers collect certain personal information you choose to provide us through our website, which may include
- Newsletter and Email Communication: Our website allows you to subscribe to our newsletter and other email communications by providing your email address in the available web form. We use your email address to keep you informed about the latest residential property tips, trends, and best practices and to communicate with you about our products and services, which may include marketing communications. You may ask us not to send you marketing communications by following the instructions provided in the Your Communication Preferences section below.
- Contact Us: Our website allows you to connect with us through an online web form that collects contact information (such as your name, email address, phone number, and borrower/broker status) and a custom message from you. You may also choose to contact us at one of the designated addresses or phone numbers identified on our website and provide us personal information in connection with your message. We use this personal information to communicate with you in connection with your request, including corresponding with you about our services and products.
As is true of most digital platforms, we and our third-party partners and providers also collect certain personal information automatically when you visit or interact with our website, which may include:
- Log Data, including your internet protocol (IP) address, internet service provider, operating system, browser type, browser id, language, the URL you entered and the referring page/campaign, date/time of your visit, the time you spent on our services and any errors that may occur during your visit to our services.
- Analytics Data, including the electronic path you take to our services, through our services and when exiting our services, as well as your usage and activity on our services, such as the links and objects you view, click or otherwise interact with (also known as “Clickstream Data”).
- Location Data, including your general geographic location based on the Log Data we collect or more precise location to the extent permitted by law.
Use of Personal Information
We use the personal information we collect from our website visitors to:
- Administer and improve our website;
- Provide you opportunities to interact with our website and blog posts, including by using our blog commenting feature;
- Test different configurations of our website;
- Diagnose errors and problems with our website;
- Conduct research and analytics on visitor usage and activity trends relating to our website;
- Remember you and the choices you have made in relation to our services;
- Identify how you use our website, determine products/services that may be of interest to you and customize our personalized offerings and marketing efforts accordingly;
- Provide you with news about products and services we offer, as well as other communications relating to residential real estate investing;
- Deliver marketing communications and advertisements based on your interests and interactions with us;
- Assess the performance of marketing campaigns and facilitate remarketing efforts;
- Respond to your comments and questions and provide you support.
Individual Borrowers & Guarantors
Collection of Personal Information
If you choose to interact with us as an individual borrower or guarantor, we collect personal information directly from you and may collect personal information from credit bureaus, state licensing agencies, publicly available sources and third parties performing services on our behalf, which may include:
- Contact Information, such as your name, home address, business address, email address and phone number;
- Government Identification, such as your social security number, driver’s license number, state identification number and passport number;
- Financial Information, such as your credit report, FICO score, financial statements and history, loan repayment history (including history of default or foreclosure), bank account numbers, bank account statements and information available on your tax returns;
- Transaction Information, such as the type of loan you seek or have with us, the amount of the loan, the available and committed collateral and other details relating to the requested or received loan structure, as well as the payments made and actions taken in connection with your requested or acquired loan;
- Investment Information, such as your investment timeline and strategy, as well as other real estate you own;
- Professional/Employment Information, such as your employer, company name or the name you are doing business as, your business’s contact information, your job title or description, length of employment, real estate experience, company affiliations, trust affiliations, professional licenses and license status, and relevant education;
- Legal History, such as criminal convictions, judgements, outstanding lawsuits or outstanding liens against you.
Use of Personal Information
We use the personal information we collect from our prospective and actual individual borrowers and guarantors to:
- Communicate with you about the loan you requested or received from us;
- Confirm your identity and authority to apply for the requested loan;
- Determine your professional license standing;
- Analyze your credit-worthiness and eligibility for the requested loan;
- Analyze your capability to perform on the loan and achieve stated financing-related goals;
- Determine whether to provide you a loan and communicate with you regarding that decision;
- Service the loan you receive, including processing loan payments and other loan-related interactions;
- Monitor your investment and the satisfaction of your obligations in relation to the loan;
- Support you through the investment and loan process;
- Transfer the servicing rights in or the ownership of your loan to a third party.
Representatives of Businesses
Collection of Personal Information
When you interact with us on behalf of an entity borrower or another business we engage or interact with, we collect certain personal information from you and the business you represent, which may include:
- Contact Information, such as your name, address, email address, and telephone number;
- Professional/Employment Information, such as your employer, company name or the name you are doing business as, your job title, and, for certain disregarded entities, we may also collect your social security number, bank account number and financial statements when the entity does not maintain its own;
- Diligence Information, such as work history, educational history, references or other information that you may provide on a resume, statement of work, agreement or similar document in connection with the negotiation, evaluation and/or fulfillment of our engagement with the business you represent.
Use of Personal Information
We use the personal information we collect from business representatives to:
- Facilitate and maintain the relationship between us and the business you represent;
- Conduct due diligence and risk management relating to our engagement with the business you represent;
- Fulfill and facilitate our obligations and the obligations of the business you represent;
- Process payment for goods or services we may receive or purchase from the business you represent.
Other Collection of Personal Information
In addition to the personal information collected above, we may also collect your personal information as follows:
- Social Media: If you choose to interact with us on social media, we may collect personal information about you from your social media account that you make public or share with us. We use personal information collected in connection with your social media account to communicate with you and better understand you and the business you represent.
- Information Providers: We may from time to time obtain information from third-party information providers to correct or supplement personal information we collect. For example, we may obtain updated contact information from third-party information providers to reconnect with you.
- Inquiry Information: If you choose to contact us, we will collect personal information in connection with your inquiry and correspondence with us. We may need additional information to fulfill your request or respond to your inquiry. We may provide additional privacy disclosures where the scope of the inquiry/request and/or personal information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information you provide at that time.
- Publicly Available Information: We may collect personal information from publicly available sources, such as government records or publicly available websites, to supplement the personal information identified above.
Other Uses of Personal Information
In addition to the uses of personal information identified above, we use the personal information we collect to:
- Facilitate our day-to-day business operations, such as processing loan applications and providing our products and services to you;
- Respond to your comments and questions and provide you support;
- Develop new services and offerings, and improve existing services and offerings;
- Aggregate information we receive from you and third parties to help understand your needs and provide you better service;
- Facilitate and improve our marketing and promotional efforts;
- Conduct research and analytics designed to understand the third parties we interact with and improve our services and offerings;
- Prevent, investigate or provide notice of fraud or unlawful or criminal activity;
- Enforce and carry out contracts and agreements; and
- Comply with legal obligations.
What Information We Share
We share and disclose personal information in the following ways:
- Within 5 Arch and With Our Parent Company: 5 Arch and its parent company, Redwood Trust, are made up of many legal entities that are responsible for different aspects of our relationships with individuals we interact with and the services we engage in. To facilitate these interactions and services, 5 Arch entities disclose personal information to other 5 Arch and Redwood Trust entities for purposes and uses that are consistent with this Privacy Notice. For example, we may transfer your contact information to the 5 Arch entity responsible for servicing the loan you receive from us.
- With Businesses You Represent: We may share personal information with businesses you represent in furtherance of the relationship between us and the business for which you are a representative.
- With Transaction Partners: We may share your personal information with other entities and third parties involved in a transaction we are undertaking with you and/or the business you represent. For example, we may share your contact information with financing sources and appraisers, so they can connect with you to obtain the information needed to facilitate our loan offering. We may also share your personal information with credit bureaus to evaluate your creditworthiness prior to a loan being approved or a third party acquiring the servicing rights or ownership rights of the loan from us.
- With Data Analytics Providers: We share personal information with data analytics providers who analyze statistics and trends relating to the usage of and activity relating to our services. These data analytics providers produce reports and make suggestions for our business strategy based on the personal information and other information analyzed.
- With Marketing Partners: We coordinate and share personal information with our marketing partners, including advertisement networks, social networks, retargeting partners and marketing communication providers, to communicate with you about our services and products and market our services and products to you.
- With Vendor Management Providers: We share personal information with third parties we engage to assist in our vendor management processes, including maintaining vendor records on our behalf.
- With Other Service Providers: In addition to the third parties identified above, we engage other third parties to perform certain functions on our behalf in connection with the use of personal information described in the Our Collection and Use of Personal Information section above, including website hosting, communications, identity verification, information technology support and fraud monitoring. Depending on the function the third party serves, the service provider may process personal information on our behalf or have access to personal information while performing functions on our behalf.
- Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership.
- Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors and law enforcement:
- in connection with the establishment, exercise, or defense of legal claims;
- to comply with laws and regulations or to respond to lawful requests and legal process;
- to detect, suppress, or prevent fraud;
- to reduce credit risk and collect debts owed to us;
- to protect the health and safety of us, our customers, or any person; or
- as otherwise required by applicable law.
- Consent: We may disclose personal information about you to certain other third parties with your consent.
Your Communication Preferences
In connection with our services, we may send you email messages, posted mail or other communications, including communications regarding our services. You may ask us not to send you marketing communications:
- By following any available opt-out instructions in the marketing communications, such as by clicking the unsubscribe link located at the bottom of a marketing communication email; or
- Sending a request to not receive posted mail marketing communications to firstname.lastname@example.org or 5 Arch, Marketing Department Opt-Out, 19800 MacArthur Blvd., Suite 1150, Irvine, CA 92612, which must include your name and mailing address.
If you request to opt out of marketing communications, please note that we may continue to send you non-marketing communications such as those directly related to the products or services we are providing you, maintenance of your account or status of our ongoing business relations.
Our website may include links to third-party websites, plug-ins and applications that have their own privacy notices and personal information collection, use and disclosure practices. We are not responsible for the policies or practices of third parties. Please consult their respective privacy notices to learn more about the personal information practices of these third parties.
Children’s Personal Information
Our website is not directed to or intended for children under 13 years of age and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. If you are under the age of 13, do not use this website or otherwise provide us with any personal information. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any personal information from or about a child under the age of 13, please contact us at email@example.com.
Changes to this Privacy Notice
We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the “Last Updated” date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify you by prominent posting on this website or through other appropriate communication channels. All modifications will be effective upon their posting to our website unless we indicate otherwise in the post; it is therefore important that you review this Privacy Notice regularly.
If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to firstname.lastname@example.org.
Alternatively, inquiries may be addressed to:
5 Arch Funding Corp.
19800 Mac Arthur Blvd.,
Irvine, CA 92612