Privacy Policy

Last Updated on: 04/04/24

This Privacy Policy outlines the policies and procedures of Austin Capital Mortgage regarding the collection, use, and disclosure of your information when you utilize our services. It also informs you of your privacy rights and how the law protects you. By engaging with our service, you consent to the collection and use of information in accordance with this Privacy Policy.

SMS/Text Communication

• Opt-In Policy: By opting in, you agree to receive SMS/text messages for appointment confirmations or to get answers to your queries.
• Cancellation: You can stop receiving SMS messages at any time by texting "STOP" to the provided shortcode. A confirmation message will be sent to you upon successful unsubscription.
• Rejoining: To receive messages again, simply sign up as you did the first time.
• Support: For assistance, text HELP or contact loans@austincapmortgage.com or call 512-891-0778.
• Carrier Liability: Carriers are not responsible for delayed or undelivered messages.
• Message and Data Rates: Fees may apply for messages sent to/from us. For details, consult your wireless provider.

Interpretation and Definitions

Interpretation: Capitalized terms have defined meanings, applicable in both singular and plural forms.

Definitions: Key terms for understanding this Privacy Policy include Account, Business, Company, Consumer, Cookies, Country, Device, Personal Data, Sale, Service, Service Provider, Usage Data, Website, and You.

For the purpose of this privacy policy:

• "Account" refers to a unique account created for you to access our service or parts thereof.
• "Business," as defined under the California Consumer Privacy Act (CCPA), refers to Austin Capital Mortgage LLC as the legal entity collecting and processing personal information.
• "Company" (referred to as either "the Company", "We", "Us", or "Our") specifically means Austin Capital Mortgage.
• "Consumer" indicates a natural person residing in California, as per CCPA guidelines.
• "Personal Data" encompasses any information related to an identified or identifiable individual.
• "Service" denotes the Website operated by Austin Capital Mortgage.
• "Service Provider" means any natural or legal person processing data on behalf of the Company.
• "Usage Data" is data collected automatically, generated by the use of the Service or from the Service infrastructure itself.
• "Website" refers to Austin Capital Mortgage, accessible from https://www.austincapmortgage.com
• "You" means the individual accessing our Service, including companies or other legal entities on behalf of which such individuals access the Service.

Collection and Use of Your Personal Data

• Types of Data Collected: This includes Email Address, Name, Phone Number, Address, and Usage Data.
• Usage Data: Information collected automatically, such as your Device’s IP address, browser type, and your activity on our Service.
• Cookies and Tracking: We use Cookies and similar tracking technologies to monitor our Service and hold certain information.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to monitor activity on our Service and store certain information. These technologies are used to track the activity on our Service and hold certain information, including essential, performance, and functionality cookies.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.

We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

• Type: Session Cookies
• Administered by: Us
• Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

• Type: Persistent Cookies
• Administered by: Us
• Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

• Type: Persistent Cookies
• Administered by: Us
• Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

Tracking and Performance Cookies

• Type: Persistent Cookies
• Administered by: Us
• Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features, or new functionality of the Website to see how our users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit the Cookies section of our Privacy Policy.

Opting-Out from Third Party Data Use

Our partners, such as Hubspot, may use non-cookie technologies. For opting out of interest-based advertising, you can visit platforms like the NAI, EDAA, or DAA opt-out pages.

The NAI’s opt-out platform: http://www.networkadvertising.org/choices/

The EDAA’s opt-out platform: http://www.youronlinechoices.com/

The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

Privacy Rights For Colorado Residents

This section provides specific disclosures required by the Colorado Privacy Act (CPA) for residents of Colorado. Austin Capital Mortgage respects the privacy rights of Colorado residents and provides them with the rights to access, correct, delete, and opt-out of the processing of their personal data. Colorado residents have the right to:

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• Access: Request to access the personal data we have collected about them.
• Correction: Request correction of their personal data if it is inaccurate.
• Deletion: Request deletion of their personal data, subject to certain exceptions.
• Opt-Out: Opt-out of the processing of their personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects on them.

Residents wishing to exercise these rights may contact us using the contact information provided in this Privacy Policy. Austin Capital Mortgage is committed to honoring these rights in accordance with Colorado law. For more information on the Colorado Privacy Act, please visit: Colorado Privacy Act. This link directs to the official document of the Colorado Privacy Act, providing detailed information on the rights and protections afforded to Colorado residents under this legislation.

Privacy Protection For Texas Residents

While Texas has not enacted a comprehensive consumer privacy law akin to the California Consumer Privacy Act (CCPA) or the Colorado Privacy Act (CPA), it does provide protections for residents related to data breach notifications and the protection of personal identifying information under the Texas Identity Theft Enforcement and Protection Act.

Texas residents are entitled to:

• Data Breach Notification: In the event of a data breach that exposes personal information, Texas law requires businesses to notify affected Texas residents in a timely manner.

For detailed information on data breach notification requirements, visit the Texas Business and Commerce Code Sec. 521. Protection of Personal Information: Texas law mandates the secure handling of personal identifying information to prevent unauthorized access, use, or disclosures. The Texas Identity Theft Enforcement and Protection Act provides the legal framework for this protection. For more information on this act, please visit the TexasBusiness and Commerce Code Sec. 521.

Texas residents who wish to report a privacy concern or inquire about their personal information may contact us using the provided contact information. Austin Capital Mortgage is dedicated to protecting the privacy and security of all our customers' information in compliance with applicable Texas laws. This section ensures Texas residents are informed of their rights under state law regarding data protection and privacy, with direct links to the relevant statutes for further reference.

Privacy Protections in Other States

State-Specific Privacy Rights and Protections

For residents of Florida, Georgia, Alabama, Tennessee, Kansas, Mississippi, Idaho, South Carolina, and Louisiana: As of the latest update, these states have not enacted comprehensive consumer privacy laws similar to the California Consumer Privacy Act (CCPA) or the Colorado Privacy Act (CPA).

However, it's important to note that each of these states may have specific statutes in place related to data breach notification and the protection of personal information. These statutes are designed to safeguard residents' personal data against unauthorized access and misuse, although they may not provide as broad a range of rights over personal data as seen in states with comprehensive privacy laws.

Residents of these states should be aware that:

• Data Breach Notification: These states typically have laws requiring businesses to notify individuals of data breaches that may affect their personal information. The specifics of these requirements, including the timeline for notification and the conditions under which notification must be made, can vary from state to state.

• Protection of Personal Information: Although not as comprehensive as the CCPA or CPA, laws in these states mandate certain measures be taken by businesses to protect personal information from unauthorized access, disclosure, or destruction.

Austin Capital Mortgage is committed to protecting the privacy and security of all our customers, regardless of their state of residence. We adhere to the highest standards of personal data protection and comply with applicable state laws concerning data breach notification and the protection of personal information.

Residents with concerns about their personal information or inquiries about our privacy practices can contact us using the information provided in our Privacy Policy. Austin Capital Mortgage endeavors to respond to and resolve any concerns in compliance with state laws and our commitment to customer privacy and security.

Use of Your Personal Data

The Company may use your Personal Data for various purposes, including:

• To provide and maintain our Service
• To manage your Account and registrations
• To perform contractual obligations
• To contact you with service updates and offers, subject to your consent
• To attend and manage your requests to us

Retention of Your Personal Data

Your Personal Data will be retained only for as long as is necessary for the purposes set out in this Privacy Policy, in accordance with our legal obligations and for resolving disputes.

Disclosure of Your Personal Data

Your information may be disclosed:

• Business Transactions: If the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

• Law enforcement: Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

• Other Legal Requirements: The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of your Personal Data is important to us. We implement measures designed to protect your information from unauthorized access, alteration, or destruction.

While We strive to use means to protect Your Personal Data, We cannot guarantee its absolute security, since no method of transmission over the Internet, or method of electronic storage is 100% secure.

Detailed Information on the Processing of Your Personal Data

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

External Website Links

Our Service may feature links to external websites not operated or maintained by Austin Capital Mortgage. Should you choose to follow a link to another website, we encourage you to review the privacy policy of each site you visit.

Please note, Austin Capital Mortgage does not control, and therefore cannot assume responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Legal Compliance

Austin Capital Mortgage complies with the state-specific regulations and laws in the states where we operate. This includes adhering to any legal requirements for protecting consumer privacy and data protection in Idaho, Mississippi, South Carolina, Texas, Tennessee, Kansas, Colorado, Alabama, Georgia, Florida, and Louisiana.

By using our Service, you acknowledge that you have read and understood our Privacy Policy. If you have any questions about this Privacy Policy, please contact us using the information provided above.

Licensing and Compliance Information

Austin Capital Mortgage is a division of Aspire Home Loans LLC, which holds licenses in several states, affirming our commitment to providing responsible and compliant mortgage lending services.

Below are our current state licenses and regulatory information, ensuring transparency and adherence to state-specific requirements:

• Alabama: License No. 23070
• Colorado: Regulated by the Division of Real Estate, License No. 100528314. For verification of mortgage loan originator licenses, please visit the Colorado Division of Real Estate website.
• Florida: License No. 1955132
• Georgia: License/Registration No. 1955132
• Idaho: License No. 1955132
• Mississippi: License No. 1955132
• South Carolina: License No. MLS-1955132
• Tennessee: License No. 1955132
• Texas: Holds a Texas-SML Mortgage Company License

ECOA Disclosure

In line with the Equal Credit Opportunity Act (ECOA), Austin Capital Mortgage LLC, inclusive of its division Austin Capital Mortgage, upholds a policy of non-discrimination against any applicant on the grounds of race, color, religion, creed, national origin, ancestry, sex, marital status, familial status (including the number and age of children), sexual orientation, age (assuming the applicant can legally enter into a binding contract), medical history, disability, physical condition, military status, or for exercising any right under the Consumer Credit Protection Act or the Service Members Civil Relief Act (SCRA). Additionally, discrimination based on the fact that all or part of an applicant’s income comes from a public assistance program is also prohibited.

Texas Complaints & Recovery Fund

As required by Texas regulations, Austin Capital Mortgage prominently displays the notice as outlined in 7 Tex. Admin. Code §81.200(b) on our website and social media platforms. This notice is easily accessible to mortgage applicants or prospective applicants and pertains to both residential mortgage loan origination business activities and related advertising efforts. All correspondence with mortgage applicants includes the name of the mortgage company along with our NMLS #, and when applicable, the name and NMLS # of the sponsored originator.

Consumers wishing to file a complaint against a mortgage company or a licensed residential mortgage loan originator should direct their complaint forms to the Texas Department of Savings and Mortgage Lending, located at 2601 North Lamar, Suite 201, Austin, Texas 78705. Complaint forms and instructions are available on the department's website at www.sml.texas.gov. A consumer hotline is also available toll-free at 1-877-276-5550.

The Texas Department maintains a Recovery Fund to compensate borrowers for certain actual out-of-pocket damages incurred from acts by licensed mortgage company residential mortgage loan originators. For a claim to be paid, a written application must be filed with and investigated by the department. Further details on the Recovery Fund can be found on the department's website.

Privacy Policy Updates

Austin Capital Mortgage reserves the right to update this Privacy Policy periodically. Any changes will be communicated by posting the updated policy on our website. Additionally, we aim to inform you through email and/or a prominent notice on our Service before the change becomes effective, ensuring you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Updates to this Privacy Policy

The "Last updated" date at the top of this Privacy Policy will reflect the most recent modifications. We recommend reviewing our Privacy Policy regularly to stay informed of any changes. Modifications become effective once they are posted on our website.

Contact Us

For any inquiries or questions regarding our Privacy Policy, please reach out to us:

By email: loans@aspirehelocs.com

Your privacy and trust are of paramount importance to us at Austin Capital Mortgage, and we are committed to ensuring transparency and responsibility in all our data handling practices.