Privacy Notice

Last updated: March 29, 2023.

INTRODUCTION

PollyEx, Inc. ("Polly") is a Delaware corporation. Polly provides a cloud‑native, software‑as‑a‑service computer software platform for the mortgage capital markets space. In this Privacy Notice, Polly's software‑as‑a‑service platform and the suite of services provided through this software‑as‑a‑service platform are referred to as the Polly "Services." Polly does also maintain websites to market the Polly Services at www.polly.io and other websites controlled by Polly (collectively, the "Website").

The Polly Services are business‑to‑business services offered exclusively to mortgage industry participants regarding mortgages in the United States and its territories (Polly "Clients"). Clients can access the Services through the Website. "Users" are persons who work for a Client and are authorized to access the Services on behalf of the Client. In order to provide the Services, Polly does collect personal information from Clients and Users.

Polly knows that you care about how your personal information is used and shared, and we take your privacy seriously. Polly does gather information about persons who interact with our Website and Services, people who attend Polly's marketing events, and job candidates in order to enhance our business. This Privacy Notice helps you understand what information Polly will collect and receive, as well as how it is used and the choices you have. This Privacy Notice does not cover the practices of companies Polly does not own or control.

In this Privacy Notice, Personal Information ("PI") means information that identifies, relates to, or describes a particular person and information that is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person.

There are four sections to this Privacy Notice:

THE PI WE COLLECT AND WHY WE COLLECT IT
HOW WE SHARE PI AND WHY WE SHARE IT
HOW WE USE ONLINE TRACKING TECHNOLOGIES INCLUDING COOKIES
GENERAL CONCEPTS THAT APPLY TO ALL TYPES OF PI WE COLLECT

SECTION 1: THE PI WE COLLECT AND WHY WE COLLECT IT

When you visit Polly's Website, we collect a variety of information from and about you, your device(s), and your interaction with our Services. We also collect information about Users and obtain information from third parties in the course of providing Services to Users. The categories of information collected depend on whether you are a User or a visitor to Polly's Website and the requirements of applicable law.

This information includes:

PI THAT YOU PROVIDE VOLUNTARILY

We may ask you to provide PI voluntarily when you express an interest in obtaining information about our Services through the Website or our sales teams, request a demo, use our "Contact Us" or similar features, sign up for an event or webinar, inquire about job opportunities, or participate in surveys. The types of PI we may collect from you may include your name, title or job level, company, and contact details such as your email address, telephone number, and mailing address if applicable.

We collect this PI for these business purposes:

To deliver direct marketing materials about the Polly Services, including marketing offers and resources, emails, newsletters, and company updates.
To better personalize the marketing emails we send so they are more relevant to you, based on your Website interactions.
To respond to sales inquiries, demo requests, and technical support questions you submit about the Polly Services.
To communicate with you about job opportunities at Polly.

In addition, if you are a User and plan to access the Polly Services, then you must provide an account login ID (such as your real name or a username you create) and a valid email address to create a user account. As a User, you may provide content to the Polly Services which includes any PI you choose to include in files you upload to the Polly Services.

We collect this PI for these business purposes:

To allow you to log in to Polly Services and authenticate you when you log in.
To provide the Polly Services to the related Client.
To provide you with customer support.

PI THAT WE COLLECT AUTOMATICALLY

If you visit our Website from your smart phone or other personal device, we may collect some PI automatically. The PI we collect automatically includes identifiers and some technical information, such as:

The type of device you are using.
The IP address of your device.
Other unique device identification numbers.
The type of browser you use.
Your browser language.
Your location at a high level (country, city, or zip code).

We also collect internet activity about how your device interacts with our Website and marketing materials, such as:

The Website pages you access.
The links you click.
How you interact with our marketing emails.

If we combine your name, email address, or phone number with the device information we collect automatically, then we will treat the combined information as your PI.

If we need your consent to use your PI under applicable data protection laws, then we will ask for your consent at that time and will clearly explain the purpose of our use of your PI. Once given, you may revoke your consent at any time.

We collect this PI for various business purposes, including:

For business analytics, to understand how you use our Website.
To verify, maintain, and improve the quality of our Website.
To detect and prevent activities on our Website that are illegal or that do not comply with our Website terms of use.
To detect and prevent security incidents, such as automated website clicks by bots.

If you are a User, then the Polly Services may provide Polly and the related Client with information related to your interaction with the Polly Services. For example, all actions taken while interacting with the Polly Services may be logged along with your IP address, browser type, date, and time stamps associated with transactions, Internet service provider, etc.

We collect this PI to provide the Polly Services to the related Client.

PI THAT WE OBTAIN FROM THIRD‑PARTY SOURCES

We may obtain marketing leads from third parties that are the first and last name, email address, and other contact information about persons likely to purchase Polly Services.

We may obtain job candidate leads from third parties that are the first and last name, email address, and other contact information about persons likely to have the professional credentials we require.

We collect this PI only after we have confirmed that the third parties have your consent to share your PI or are otherwise legally permitted to disclose your PI to us.

We collect marketing and job leads for these business purposes:

To market the Polly Services.
To market job openings with Polly.

GDPR: Our legal basis under the GDPR for collecting and using the PI described above will depend on the PI concerned and the specific context in which we collect it. However, we will normally collect PI from you only where we have your consent to do so, where we need the PI to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.

In general, we will use the PI we collect from you only for the purposes described in this Privacy Notice or for purposes that we explain to you at the time we collect your PI. However, we may also use your PI for other purposes that are not incompatible with the purposes we have disclosed to you (such as archival purposes in the public interest, scientific or historical research purposes, or statistical purposes) if and where this is permitted by applicable data protection laws.

If you have questions or need further information concerning the legal basis on which we collect and use your PI, please contact Polly using the contact details provided below.

SECTION 2: HOW WE SHARE PI AND WHY WE SHARE IT

We may disclose personal information to third parties for a variety of business or commercial purposes. This includes disclosure:

To our third‑party services providers who provide data processing for our operational and commercial business purposes described in this Privacy Notice. For example, we share PI of Website visitors with our website hosting provider to support the operation of our Website. We share PI of authorized Users collected through the Polly Services with our cloud hosting provider to support the operation of the Polly Services.
To our Clients for the commercial purpose of providing the Polly Services.
To any competent law enforcement body, regulatory body, government agency, court, or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish, or defend our legal rights, or (iii) to protect your vital interests or those of any other person.
To an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger, or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice.
To any other person with your consent.
As otherwise allowed by applicable data protection law.

Our third‑party service providers have access to your PI only to perform certain tasks on our behalf and are obligated not to disclose or use it for any other purpose.

SECTION 3: HOW WE USE ONLINE TRACKING TECHNOLOGIES, INCLUDING COOKIES

Like many website owners, Polly and our marketing partners, affiliates, or analytics or service providers, use automated data collection tools such as cookies and similar technologies to collect certain information, in order to, among other things, analyze trends, administer the website, track users' movements around the website, and gather demographic information about our user base as a whole.

COOKIES, PIXEL TAGS/WEB BEACONS, ANALYTICS INFORMATION, AND INTEREST‑BASED ADVERTISING TECHNOLOGIES

We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies ("Technologies") to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits.

Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. If you do that, however, the Services may not work properly. We use cookies to identify that you have accessed the Website. We also use these tracking technologies to help us better understand your behavior and facilitate and measure the effectiveness of our Website.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We use web beacons to collect information about your engagement with us.
Analytics. We may also use Google Analytics to collect information regarding visitor behavior and visitor demographics on our Website and Services. For more information about Google Analytics, please visit Google Privacy & Terms > Technologies. You can opt out of Google’s collection and processing of data generated by your use of the Services by visiting this link. For more information on Refinitiv analytics, please visit Refinitiv’s website.

All modern Internet browsers allow you to control your cookie settings. These settings are usually accessed in the "Options" or "Preferences" section of your browser. On your mobile device, go to settings, then go to the specific web browser, and then to the cookies section. Please note that certain features of the Website will not be available once cookies are disabled. For further information about cookies and how to manage them, please visit www.allaboutcookies.org.

Below is a description of the types of cookies Polly uses:

Required Cookies. Required cookies make it possible for you to access the Website, navigate within the Website, and access information related to your account. Required cookies are necessary to operate the Website, so you cannot opt out of them.
Functionality Cookies. Functionality cookies allow the Website to remember information you have entered or preferences you select, and provide enhanced, more personal features and functionality. You can use your browser settings to opt out of functionality cookies. Note that opting out may affect the functionality of our Website for you.
Performance Cookies. These cookies collect data about how visitors use the Website or Polly Services, or both. This includes data like which Website pages visitors go to the most. These cookies do not collect information that individually identifies visitors. The data these cookies collect is aggregated and intended to be de‑identified and used to improve how the Website or Polly Services function and perform.
Security Cookies. We use security cookies for security purposes.

"DO NOT TRACK" SIGNALS

Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To learn more about "Do Not Track," please visit http://www.allaboutdnt.com.

SECTION 4: GENERAL CONCEPTS THAT APPLY TO ALL TYPES OF PI WE COLLECT

DATA PROTECTION RIGHTS

Polly supports your right to exercise your data protection rights under applicable laws. For example, if you are located in the European Economic Area (EEA) or are a California resident (or have these rights under applicable data protection laws of other jurisdictions), then:

You can request to know, access, correct, update, or delete your PI by contacting us using the contact details provided below, and we will fulfill your request in accordance with applicable data protection laws. We may need to verify your identity in order to action your request, which may include asking for you to provide a government issued identification document. Once we have verified you, we will respond and comply with your specific requests.
You have the right to opt‑out of marketing communications we send you at any time. You can exercise this right by clicking on the "Unsubscribe" or "Manage Preferences" link in the marketing email(s) you receive. To opt‑out of other forms of marketing (such as postal marketing or telemarketing), please contact Polly using the contact details provided below.

California residents have the following rights:

The California Consumer Privacy Act ("CCPA") took effect on January 1, 2020. The CCPA grants rights to California residents regarding their PI, including:

The right to know what categories and specific pieces of PI have been collected, used, shared, or sold (if any).
The right to know the purposes for which the information is used.
The right to delete personal information, where not excepted by law.
The right to opt‑out of the sale of their PI.

This Privacy Notice describes what categories of information we collect, for what purposes we use it, and with whom we share it. If you would like to exercise your rights under the CCPA to request what specific pieces of PI we have about you or for deletion of your information or to opt out of any sale of your information, you may contact us as noted below and include, at a minimum, your first and last name and email so we may verify you and process your request. Your privacy is important to Polly, and we will not discriminate against you if you choose to exercise your privacy rights under the CCPA.

If you are located in the EEA, you may also have the following rights:

You can object to the processing of your PI, ask us to restrict processing of your PI or request portability of your PI. Again, you can exercise these rights by contacting Polly using the contact details provided below.
If we have collected and process your PI on the basis of your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your PI conducted in reliance on lawful processing grounds other than consent.

COMMUNICATIONS

We offer those who provide personal contact information a means to choose how we use the information provided. You may manage your receipt of marketing and non‑transactional communications by clicking on the "Unsubscribe" or "Manage Preferences" link located on the bottom of our marketing emails or contact Polly using the contact details provided below.

RETENTION OF YOUR PERSONAL INFORMATION

We store the PI we receive as described in this Privacy Notice for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. By using the Services or providing PI to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security system's breach, we may attempt to notify you electronically by making a notice available to you through the Services or sending an email to you.

CHILDREN

Our Website and Services relate to the United States real estate market and are intended for use by adults ages 18 or older. We do not knowingly collect any PI from minors, and minors should not use our Website or our Services at any time.

LINKED THIRD‑PARTY WEBSITES AND APPLICATIONS

The Services may contain links to third‑party websites and applications, and third‑party websites and applications may reference or link to our Website or Services. These other websites and applications are not controlled by Polly. We encourage our users to read the privacy policies of each website and application with which they interact. Polly does not endorse, screen, or approve, and is not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk. If you have any questions about what information these other sites and third parties collect, how they use it, and with whom they share it, you should contact them directly.

DATA TRANSFERS

Our Website and Services are hosted in the United States and are intended for use in connection with the U.S. real estate market only.

If you visit our Website or use our Services from outside the U.S., then your personal information may be transferred to, stored, and processed in the United States where we and our third‑party service providers have operations. For example, if you are accessing our Website from the EEA, your personal data will be processed outside of the EEA.

In some cases which we describe above, Polly may share your PI with its data subprocessors such as its cloud hosting provider. Each of these subprocessors are limited to accessing or using this PI to provide their services to Polly only and must provide reasonable assurances that they will appropriately safeguard any PI provided by Polly. Each of these subprocessors using your PI has agreed in writing to use your PI in the United States only.

We have implemented safeguards to ensure an adequate level of data protection where your PI is transferred to countries outside of the EEA, such as standard contractual clauses for the transfer of PI as approved by the European Commission (Art. 46 GDPR). We monitor developments and guidance from both European and U.S. regulatory authorities and will update this disclosure as needed. If you wish to inquire further about these safeguards used, please contact us using the details set out at the end of this Privacy Notice.

The data protection laws of the U.S. may differ from those in your country. By using the Website and Services, you consent to your information being transferred to Polly and third parties with whom we share information as described in this Privacy Notice. If you are located in the EEA, you may have the right to lodge a complaint with a supervisory authority if you believe our processing of your PI violates applicable law.

CHANGES TO OUR PRIVACY NOTICE

We may revise this Privacy Notice from time to time at our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law. If we update this Privacy Notice, we will update the "effective date" at the top of this Notice. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use the Services after the new Privacy Notice takes effect. We encourage you to periodically review our Privacy Notice and any notices to stay informed.

If you have any questions about our privacy practices or this Privacy Notice, or if you wish to submit a request to exercise your rights as detailed in this Privacy Notice, including to submit a consumer request under the CCPA or unsubscribe from marketing communications, please contact us by email at privacy@polly.io or write to us at:

PollyEx, Inc. ⁠ATTN: Privacy Officer ⁠548 Market Street ⁠Suite 25656 ⁠San Francisco, CA 94104

Please note, we do prefer email.