Privacy Policy

Last modified: June 12, 2023

Overview

New Western (“New Western” or “Company” or “We”) values your privacy, and we are committed to protecting it through our compliance with this policy.

This policy describes the privacy practices of New Western and types of information we may collect from you or that you may provide when you visit our website www.newwestern.com (our “Website”) or download, install, register with, or use our mobile application (our “App”) and how we collect, use, maintain, protect, and disclose that information.

This policy applies to:

  • All products and services owned and its affiliated entities including HomeGo® and Sherman Bridge® Lending operated by New Western including content, features, data, and software available on the Website and App and other websites and applications that we operate.
  • Information we collect on the Website and/or through our App.
  • Information we collect through email, text, and other electronic messages between you and our Website and/or App.
  • Information we collect when you interact with our advertising and applications through our Website, App, and/or other third-party website.

It does not apply to information collected by:

  • Us offline or through any other means.
  • Any outside third parties including through any application or content (including advertising) that may link to or be accessible from or on the Website or App.

 

Consent

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using our Website or App, you agree to this privacy policy. If you do not agree with our policies and practices, your choice is not to use our Website or App. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website or App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

Children’s Privacy – Children Under the Age of 16

Our Website and App are not intended for children under 16 years of age. No one under age 16 may provide any information to the Website or App. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on our Website or App on or through any of their features or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected].

 

Information We Collect About You and How We Collect It

Types of Information We Collect. We may collect several types of information from and about users of our Website and App, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, and any other identifier by which you may be contacted online or offline (“personal information”).
  • That is about you but individually does not identify you.
  • About your internet connection, the equipment you use to access our Website and/or App, and usage details.

We collect this information:

  • Directly from you when you provide it to us. For example, when you fill out a webform; inquire about our services and products; create an account with us; communicate with us via comments, direct message, email, SMS message, or telephone; or respond to one of our surveys.
  • Automatically as you navigate through our Website or App. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners and affiliated entities.

Information You Provide to Us. The information we collect on or through our Website and App may include:

  • Information that you provide by filling in forms on our Website or App. This includes information provided at the time of registering to use our Website or App, subscribing to our services, requesting information about our services, submitting an employment application, participating in marketing, or requesting further services. We may also ask you for information when you report a problem with our Website or App.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your search queries on our Website and/or in our App.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website or App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website or App, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website or App.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and App and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website and App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website or App.
  • Recognize when you open email correspondence from us.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or portable electronic device like cell phone or tablet. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website or App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or App.
  • Flash Cookies. Certain features of our Website or App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website or App. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Website, App, and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website, App, and their contents to you.
  • To advertise investment opportunities.
  • To present offers, goods, and services that may interest you.
  • To assist us in assessing your candidacy when you apply to our team.
  • To do market research.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide the information.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
  • In connection with any dispute including prosecuting or defending against claims in court or any other forum.
  • To notify you about changes to our Website, App, or any products or services we offer or provide through such platforms.
  • To allow you to participate in interactive features on our Website and App.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
  • To inform you about our own and third-parties’ goods and services that may be of interest to you.

We may also use your information to contact you about goods and services that may be of interest to you. For more information, see Choices About How We Use and Disclose Your Information.

 

Disclosure of Your Information

We do not sell or rent your personal identifiable information to third parties. We share your information only with our service providers or as otherwise described herein to provide you with information or services with respect to which you provided the information.

We may disclose aggregated information and deidentified information that does not identify any individual about our users without restriction.

We may disclose personal information that we collect, or you provide as described in this privacy policy:

  • To our subsidiaries, affiliates, and commonly owned entities.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of New Westerns’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by New Western about our Website and/or App users is among the assets transferred.
  • To fulfill the purpose for which you provide the information.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our policies and procedures, Terms of Use, the terms of this Policy, or any other agreements with us.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of New Western, our clients, or other third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company and other Communications. We may provide notifications to you that are required by law or that are for promotional, marketing, or other business-related purposes. Subject to applicable law, we may provide such notifications to you via email, text message, hard copy, or through conspicuous posting on our Website or App. We reserve the right to determine the form and means of providing notifications to you.
  • Targeted Advertising. We may permit third-party online advertising networks to collect information about your use of our Services over time so that they may display ads that may be relevant to your interests on our Services as well as on other websites or applications. Typically, the information collected for this purpose is collected through cookies or similar tracking technologies. The only way to completely opt out of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Disabling cookies and/or other tracking tools may prevent New Western or its business partners from tracking your browser’s activities in relation to the Services, and for use in targeted advertising activities by third parties, but if you choose to refuse cookies or other similar tools from our Services, some functionalities or features of the Services might not work properly, may be slower, or may be unavailable.

 

Promotional Communications/ Opt-In and Opt-Out

From time to time, with your express consent and/or as permitted by state and federal laws, New Western may send you promotional communications via text message, electronic mail, and/or telephone including information about special offers, updates about investment opportunities, and other solicitation/advertising materials. If you provide your personal information through any of our registration forms on our Website, App, or otherwise, you may request that we stop sending you marketing communications if you no longer desire to be contacted by us, and we will promptly honor that request.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

  • Text Messages. You may choose to subscribe or opt-in to marketing SMS messaging from New Western. You may also choose to subscribe or opt-in to marketing SMS messaging for New Western’s affiliated entities such as Sherman Bridge Lending and/or HomeGo. You will only receive promotional text messages if you expressly consent or choose to opt in to receive such messages from that specific entity. Please note that no purchase is necessary to receive such messages; standard message and data rates may apply. You may text “STOP” in response to any marketing texts you receive from us to opt out or unsubscribe from SMS messaging.
  • Email Messages. We may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications or sending us an email with your request to [email protected]. We make reasonable efforts to promptly process all unsubscribe requests.
  • Services-Related Informational Messages. We also may use your Personal Information to send you services-related informational emails (e.g., account verification, changes/updates to features of our services, technical and security notices). You may not opt out of such services-related e-mails.
  • Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email with your request to [email protected].

If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at [email protected].

To learn more about cookies, clear gifs/web beacons and related technologies, you also may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, located at http://www.networkadvertising.org. Although such information should be helpful, we do not control or guarantee its accuracy or that it will be effective with respect to all information gathering tools or in all circumstances.

 

‘Do Not Track’

Our Services do not respond to Do-Not-Track signals from your browser at this time.

 

Data Security

We have implemented reasonable safeguard measures designed to secure your personal information from accidental loss and from unauthorized access, loss, misuse, alteration, and disclosure, but the security and privacy of your information also depends on you.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We appreciate your help in safeguarding the integrity of your own and others’ privacy.

We are not responsible for the privacy or data security measures of any third party. You should take care to review the privacy policies of any third-party sites.

 

Privacy Rights for California Residents

California Residents and consumers have certain privacy rights under the California Consumer Privacy Act of 2018. We have prepared a Supplemental Privacy Policy for California Residents in compliance with the CCPA, which can be viewed by clicking the link.

 

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this webpage and within the App. If we make material changes to how we treat our users’ personal information, we will notify you through a notice posted on the Website and/or App home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Website, App, and this privacy policy to check for any changes.

 

Contact Us

If you have any questions or comments about this policy or New Western’s privacy practices, wish to opt out of certain services, or to submit a data privacy request, please contact us:

New Western
Data Privacy/Compliance
5000 Riverside Drive, Bldg. 5, Suite 100W, Irving, TX 75039