Private Policy
PRIVACY POLICY AND TERMS
Privacy Policy Notice
This Online and Mobile Privacy Notice describes the Privacy practices of 44 Oak Capital LLC and 44 Oak Mortgage LLC, and 44 Oak affiliated Companies which include 44 Oak Credit Fund L.P., 44 Oak Investments, L.P., Brick Title, LLC. 44 Oak affiliated Companies (“44 Oak”, “Company”, “we”, “us”, or “our”) are committed to respecting your privacy and protecting your personal information no matter how you engage with us. We may interact with you in a variety of ways online or by mobile device.
This Online and Mobile Privacy Notice (“Online Privacy Notice”) explains how we collect, why we collect, how we disclose, use, share and protect your personal information when you visit our websites, download our mobile applications (“apps”), use our websites and apps to engage with us, apply for a service or product electronically, access your account electronically, view, or interact with our social media pages, as well as interactions you may have while viewing content provided through a digital advertising or marketing campaign (collectively, “Online Services”). It also explains information about the choices that you can make regarding your information. By using our Online Services, you agree to the collection, use, and disclosure of information in accordance with this Online and Mobile Privacy Notice.
PLEASE CAREFULLY READ THIS STATEMENT BEFORE USING THIS SITE, AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. CONTINUING TO NAVIGATE THIS SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS OF THIS STATEMENT.
If you are a potential, current, or former customer, or you have applied for a product, read our Gramm Leach Bliley Privacy Notice to understand additional financial privacy practices that may apply to you.
If you are a California resident, please read our California Resident’s Privacy Notice.
If you are a Vermont resident, please read our Vermont Resident’s Privacy Notice.
We may change this Online and Mobile Privacy Notice from time to time. Any changes to this Online and Mobile Privacy Notice will become effective when posted unless indicated otherwise.
44 Oak Privacy Notice
44 Oak firmly believes that our clients are entitled to the very best service we can offer – and that includes the right to feel comfortable about the personal nonpublic information you share with us. We respect every individual’s right to privacy. We understand the importance you place on the privacy and security of information that personally identifies you or your account information.
The Securities and Exchange Commission has implemented Regulation S-P, which relates to the privacy of consumer financial information, and has established rules in response to Section 504 of the Gramm-Leach-Bliley Act. Regulation S-P and the Gramm-Leach-Bliley Act limit investment companies, broker-dealers, and registered investment advisers in their disclosure of consumers’ and customers’ nonpublic personal information. Regulation S-P also requires that financial institutions provide privacy notices in various instances and to adopt policies and procedures to protect the personal information of its customers. This statement describes our firm’s privacy policy and how we handle your personal information. This policy applies to former, current, and prospective customers, as well as business partners and website visitors.
This notice is intended to tell you where we obtain information about you, how we use that information and who has access to the information. This notice applies to and includes all subsidiaries, parent or sister companies, limited liability companies, partnerships, or other entities controlling, controlled by, or under common control with 44 Oak.
By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy. Before using this Site, please carefully review our Privacy Policy.
General
It is the policy of 44 Oak Mortgage LLC, and 44 Oak Capital LLC and/or affiliated companies (hereinafter referred to as 44 Oak) to respect your privacy regarding any information we may collect while operating our website. This Privacy Policy applies to https://www.44oak.com (hereinafter, “us”, “we”, or “ https://www.44oak.com”). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website. We have adopted this privacy policy (“Privacy Policy”) to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms and conditions posted on our Website, set forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.
As you review this Online and Mobile Privacy Notice, please keep in mind:
Each time you use or continue to use our Online Services, you are acknowledging and consenting to the collection, use, and disclosure of information about you as described in this Online and Mobile Privacy Notice.
Our online products and services are intended for a U.S. audience. If you reside outside of the U.S., you understand and agree that your personal information may be transferred or processed in the U.S. If you are a non-U.S. resident who is interested in our products and services, please contact us.
Consent to Transfer: if you are located outside of the United States, please be aware that information we collect through the App will be transferred to and processed in the United States. By using the App or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
Our Online site and Mobile Application services are not intended for children 17 years of age or younger. We feel strongly about protecting children’s privacy. We do not knowingly collect personally identifiable information from children. If you are 17 years old or younger, please do provide us personally identifiable information of any kind.
Third party links (including social media sites) appearing on our website or our mobile application have additional terms of use and privacy policies that may also apply to you. We are not responsible for third party sites or pages. Please review the privacy policies for the specific online sites you visit or use. We do not manage, and we are not responsible for the digital marketing and cookie practices of third parties. For example, third party website linked to or from our digital channels. The linked websites have separate and independent privacy statements, notices and terms of use, which you should read carefully.
Your Personal Information Sharing Preferences are important. We would like to share your personal information with one or more of our Affiliates in order to make you aware of different products and services they can provide which may be of interest to you. You can request that we not share your personal information with our Affiliates to market their products and services by contacting us.
44 Oak businesses and affiliated business relationship notices
We operate the following affiliated businesses, and any use of any of the Services provided by these affiliated businesses is subject to these Terms. This is notice of the business relationships among the following affiliated businesses: 44 Oak Mortgage, LLC, 44 Oak Capital, LLC, 44 Oak Credit Fund L.P., 44 Oak Investments L.P, Brick Title LLC (doing business as 44 Oak). Principal of 44 Oak has affiliation with Coldwell Banker Realty and Coldwell Banker Commercial Realty in New York, New Jersey and Florida. Each company is a separate legal entity operated and managed through its own management and governance structure. These are affiliated companies, and each may refer you to the Services of another. Because of these relationships, a referral may provide the referred company, its direct or indirect parent, and their respective employees with a financial or other benefit.
44 Oak owns and operates the Website, provides Services, and promotes 44 Oak’s homeownership-related businesses and Services.
Services offered by each of these businesses may be subject to additional terms available on their respective subdomains, websites, networks, mobile applications, or otherwise.
You are NOT required to use the listed providers as a condition of the purchase or sale of your property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
I/we have read this disclosure form and understand that Brokerage is referring me/us to purchase the above-described settlement service(s) and that Brokerage and 44 Oak, their employees and/or subsidiaries and affiliates may receive a financial or other benefit as the result of this referral.
Why and How We Collect Personal Information
We are required by guidelines of our industry to obtain personal information about you while providing investment solutions to you. We use this information to manage your account, direct transactions, and provide you with valuable information. We collect this information mainly from documents you provide to us through forms, personal interaction, and contract negotiations. 44 Oak will never collect more of your personal nonpublic information than intended to manage, support, and service your account. The information includes your name, address, telephone number, internet or network activity when visiting our website, social security number, transactional and financial information, as well as other personal nonpublic information we need to service your account. In addition, we access or generate information to service your account, such as account statements and portfolio holdings. Finally, we may receive information from third parties with respect to your account, such as accounts you may have with other financial institutions.
Information We Collect and Information You Provide
We collect information you provide to us. For example, we collect information from you when you create a Rocket account; fill out a form or otherwise submit content through our Services; are referred to us via one of our third-party professional partner relationships; make a purchase; communicate with us via third-party platforms; participate in a contest, promotion or survey; request customer support or information about our Services; use the chat function on our Services; or otherwise communicate with us.
The specific information we collect depends on the context in which you provide it, and could include:
Name
Email address
Postal address
Phone number
Social security number
Location and approximate value of your property
Age and/or date of birth
Demographic information, such as race, ethnicity and gender gathered pursuant to federal requirements
Related loan products or services you have used in the past
Financial information, such as income, assets and net worth
Home ownership status and employment status
Insurance information
Other profile data, including your interests and preferences
Any other information you provide
Information you provide to us
We collect your personal information when you decide to interact with us and submit personal information to us using the contact options provided on the Sites. You can also provide us with personal information via email, post and telephone. The types of personal information we may collect include:
Contact information, such as your name, email address, address, title, job title, position, telephone number and IP address;
Device information and data about your interactions with our Sites, as described in the “Information we collect by automated means” section below;
Any other information you submit through our Sites or interactions with us, such as through contact forms, signing up for our mailing list, registration pages, emails, calls, comments, and other features and pages on the Sites;
In addition to this Privacy Notice, different privacy notices may apply to you depending on your location or relationship with Vista.
How We Use Information Collected
We may use the personal information we obtain for various purposes, including the following:
PURPOSE
LEGAL BASIS
To provide you with the services or financial products you have requested, e.g., responding to any inquiry, providing support services, managing your account and profile, hosting events, and managing the contractual relationship.
Contractual necessity and legitimate interest
For our administration, research, database development and business operation purposes.
Legitimate interest
To keep a record of your relationship with us.
Legitimate interest
To verify your identity.
Legal requirement and legitimate interest
To process your inquiries about and other materials related to employment opportunities at Vista and our portfolio companies.
Legitimate interest or pre-contractual necessity
To conduct due diligence activities in connection with an actual or prospective corporate transaction or investment with respect to which we are a party.
Legitimate interest
To perform analytics (including market research, trend analysis, financial analysis).
Legitimate interest
To protect against, identify, and prevent fraud, abuse and other criminal activity, claims and other liabilities.
Legal requirement and legitimate interest
Litigation management and conducting internal audits and investigations; and to comply with and enforce applicable legal requirements, relevant industry standards, and our policies and terms.
Legal requirement and legitimate interest
To administer and protect our business and this website.
Legitimate interest
To make suggestions and recommendations to you about goods or services that may be of interest to you; to the extent required by applicable law, we will obtain your consent to send you electronic marketing communications.
Legitimate interest or consent
Note that we may process your personal data on more than one legal basis depending on the specific purpose for which we are using your personal information.
When we process personal information for our legitimate interests, we take appropriate measures to ensure that the interests we pursue are balanced with your interests, rights and freedoms, about which we will provide more information upon request.
We may use the information we collect to comply with and enforce applicable legal requirements to which we are subject, and for the establishment, exercise or defense of legal claims, whether in court proceedings or in administrative or out-of-court procedures.
We also may use the information we collect about you in other ways for which we will provide specific notice at the time of collection and obtain your consent if required by applicable law.
Information Sharing
Your personal information may be shared with and processed by:
our affiliates and portfolio companies;
certain service providers as necessary to fulfill the purposes set out in this Privacy Notice, including professional advisors, recruitment firms, consultants and data hosting providers.
In accordance with applicable law, we enter into legally binding agreements with our service providers requiring them to use or disclose personal data only as necessary to perform services on our behalf for the purposes described in this Privacy Notice or to comply with applicable legal or regulatory requirements.
We reserve the right to disclose your personal information to third parties in order to comply with law or legal process, such as to comply with a judicial proceeding, court order, request from a regulator, national security, for the purposes of public importance or any other legal or investigatory process involving us; when we believe that disclosure is necessary to enforce or protect our rights in or otherwise with respect to, or the safety of, our Sites, or to protect the safety or rights of other users of our Sites and/or when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; in connection with an investigation of suspected or actual illegal activity; or otherwise with your consent. We reserve the right to transfer any information we have about you in the event we, or any of our affiliated entities, sell or transfer all or a portion of our (or their) business or assets (including in the event of a takeover, merger, joint venture, reorganization, dissolution, liquidation divestiture or acquisition or similar transaction).
Non-Sharing Clause
Your policy must include this exact language regarding third-party sharing.
“No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.”
Website Visitors
Like most website operators, 44 Oak collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. 44 Oak’s purpose in collecting non-personally identifying information is to better understand how 44 Oak’s visitors use its website. From time to time, 44 Oak may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
44 Oak also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://www.44oak.com blog posts. 44 Oak only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Certain visitors to 44 Oak’s websites choose to interact with 44 Oak in ways that require 44 Oak to gather personally-identifying information. The amount and type of information that 44 Oak gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at https://www.44oak.com to provide a username and email address.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Advertisements
Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by 44 Oak and does not cover the use of cookies by any advertisers.
Links To External Sites
Our Service may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.
Protection of Certain Personally-Identifying Information
44 Oak discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on 44 Oak’s behalf or to provide services available at 44 Oak’s website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using 44 Oak’s website, you consent to the transfer of such information to them. 44 Oak will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, 44 Oak discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when 44 Oak believes in good faith that disclosure is reasonably necessary to protect the property or rights of 44 Oak, third parties or the public at large.
If you are a registered user of https://www.44oak.com and have supplied your email address, 44 Oak may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with 44 Oak and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. 44 Oak takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Aggregated Statistics
44 Oak may collect statistics about the behavior of visitors to its website. 44 Oak may display this information publicly or provide it to others. However, 44 Oak does not disclose your personally-identifying information.
Cookies
To enrich and perfect your online experience, 44 Oak uses “Cookies”, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. 44 Oak uses cookies to help 44 Oak identify and track visitors, their usage of https://www.44oak.com, and their website access preferences. 44 Oak visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using 44 Oak’s websites, with the drawback that certain features of 44 Oak’s websites may not function properly without the aid of cookies.
By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to 44 Oak’s use of cookies.
Privacy Policy Changes
Although most changes are likely to be minor, 44 Oak may change its Privacy Policy from time to time, and in 44 Oak’s sole discretion. 44 Oak encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
Ownership of This Site and Its Content/Copyright Notice
This Site and its content are protected under applicable intellectual property and other laws. All Content and related intellectual property rights are the property of 44 Oak (“44 Oak”) or its licensor. Except as otherwise provided herein, no content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without our express prior written permission.
Contact Us
If you have questions about this Privacy Policy, please contact our Compliance Department at 212-239-4488 or write to us at 44 Oak Mortgage LLC, 6 Century Dr. Suite 180 Parsippany NJ 07054