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Privacy Policy

Last revised October 2023
Your privacy is extremely important to us and we are committed to fair practices that protect your information. This Privacy Policy is provided to explain our information practices and the choices you can make about the way your information is collected and used.

General

This Privacy Policy (“Policy”) describes how ClosingWell, LLC (“ClosingWell”, “us”, “we”, or “our”) collects, uses, stores, shares, and protects your personal information in connection with your use of the ClosingWell website (the “Site”) and the online application accessible through the Site (the application, together with the Site are referred to herein as the “Service”). In this Policy, “you” refers to you as an individual; however, if you are using ClosingWell in connection with your role and responsibilities at an organization, "you" refers to you as an individual and to the organization / entity you represent. In this Policy, "Workspace" refers to grouping data stored in the Service to restrict access to such data to certain users. In other words, a Workspace is a private space in ClosingWell where users can collaborator and share information with other users to whom they provide access to that Workspace. Workspaces require payment upon their creation, and the creator of the workspace (referred to in these terms as the "Workspace Owner") is responsible for payment, as outlind in the ClosingWell Terms of Service.

We reserve the right to change this Policy at any time. By using the Service or contacting us directly, you signify your consent and acceptance of this Policy. If you do not agree to this Policy, you should not use the Service. Continued use of the Service or direct engagement with us following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your personal information will mean that you accept those changes.

As used in this Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization.

The Service may contain links to third-party websites, but this Policy does not apply to information that you may provide to or that may be collected by such third parties. We encourage you to review such third parties’ privacy policies and terms and conditions before engaging with such third parties.

Types Of Information Collected

ClosingWell collects information from two types of individuals:

Users: Users are individuals and organizations that have signed up for the ClosingWell service and have an account to use the Service.

Visitors: Visitors are individuals that access the Site but are not users.
Depending on your use of the Service, or direct interactions with us, we collect two types of information: personal information and non-personal information.

Personal Information. Personal information identifies you or may be used in combination with other pieces of personal information to identify you. Examples of personal information include your name, the name of any organization(s) you represent, address, email address, telephone number, government-issued identification, and bank account information. Personal information can also include information that does not identify you, but could be combined with other information in a way that enables you to be identified. This includes information such as zip code, IP address, and other location data.

Non-Personal Information. Non-personal information is information that cannot be used or combined with other information to identify or contact you, including browser types, domain names, pages visited, links clicked, mouse movements, text entered on the site, and statistical data involving the use of the Service. Like many websites, the Service does not currently respond to “do not track” browser headers; however, you can limit tracking by erasing cookies.

How We Use Information

ClosingWell uses the Personal and Non-Personal Information collected about Customers and Visitors for the following purposes:

(a) to respond to an inquiry about the Service by you (e.g. if you provide your contact information on the Site, we will contact you about your inquiry)

(b) to create your account and enable you to use the Service

(c) to verify your identity

(d) to provide the core functions of the Service (e.g. with appropriate consent, sending emails and text messages)

(e) to provide users with support and answers to questions and problems

(f) to monitor the functions of the Service and proactively address problems and improve the Service

(g) to send invoices to users

(h) to send users updates / announcements about the Service (and those Visitors who have opted-in to such communications)

(i) to provide you with updates to our policies or agreements that may affect your use of the Service

(j) for internal record-keeping and legal purposes

Disclosure To Third Parties

ClosingWell may disclose collected information to the following types of third parties for the following purposes:

Customers. Users in a Workspace may invite you to provide your personal information to that workspace, including (but not limited to) your name, email, phone number, government-issued identification, bank information, and IP address / other location data. This information is used to ensure proper user authentication / authorization and protect users of the Service (including you).

Vendors. We utilize vendors and suppliers (collectively, "Vendors") to provide specific services and products related to the Service, including (but not limited to) website hosting, payment processing, email and SMS text message delivery, website analytics, etc. In the course of providing products or services to us, Vendors may have access to information collected through the Service, including your personal information.

Legal / Governing Bodies. We may disclose your information (including personal information) if we believe in good faith that we are required to do so in order to comply with applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personal information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the ClosingWell Terms of Service, to detect fraud, or to protect the safety and / or security of our users, the Service, or the general public. We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Affiliates. We may disclose information (including personal information) about you to our Corporate Affiliates. For purposes of this Privacy Policy, “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with ClosingWell, whether by ownership or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.

Non-Affiliates During Sale or Discontinuance of Business. We reserve the right to transfer information to a third party in the event of a contemplated or successful sale, merger or other transfer of capital stock or assets of ClosingWell or any of its Corporate Affiliates (as defined herein), or that portion of ClosingWell or any of its Corporate Affiliates to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Usage of 3rd Party Services

ClosingWell utilizes certain 3rd party services to assist in the execution and monitoring of the Service to improve the quality of the experience for our users and visitors.

LogRocket. ClosingWell uses LogRocket to analyze usage of the Service to proactively address problems with the Service to improve users' experience.

Sentry. ClosingWell uses Sentry to analyze usage of the Service to proactively address problems with the Service to improve users' experience.

Stripe. ClosingWell uses Stripe to issue invoices, process payments, as well as collect, process, and verify users' identification documents.

Updating Or Deleting Information

If you are a registered user with an active account, you can send us a message through the support widget in the Service. You can request an update to your personal information or change your preferences regarding communications. In order to delete your personal information, you must explicitly request that your account be deleted and all personal information be deleted as well. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password and two-factor authentication) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password, devices for two-factor authentication, and account information at all times.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. Promptly after receiving your request, all personal information stored in databases we actively use, and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable.

Security

We take precautions to protect the security of your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes or fail to follow policies. Therefore, while we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security. If applicable law imposes any non-disclaimable duty to protect your personal information, you agree that intentional misconduct will be the standards used to measure our compliance with that duty.

Processing and Storage Locations

ClosingWell uses servers located across the United States of America. By using the Service, you consent to the potential transfer of information outside of your country, even if your country has more rigorous data protection standards.

Supplemental Terms For California Residents

The California Consumer Privacy Act (“CCPA”) provides consumers with specific rights regarding their Personal Information. You have the right to request that businesses subject to the CCPA disclose certain information to you about their collection and use of your Personal Information over the past 12 months. In addition, you have the right to ask such businesses to delete Personal Information collected from you, subject to certain exceptions. If the business sells Personal Information, you have a right to opt-out of that sale. Finally, a business cannot discriminate against you for exercising a CCPA right.

When providing the Service to our users, ClosingWell acts as a “service provider” under the CCPA and our receipt and collection of any consumer Personal Information is completed on behalf of our users in order for us to provide the Service. Please direct any requests for access or deletion of your Personal Information under the CCPA to the user who invited you to sign up for ClosingWell.

Supplemental Terms For the EEA, Switzerland, and the UK

Data Transfers and Storage: All information processed by us is stored in the United States. If you are accessing or using our services from the European Economic Area (EEA), Switzerland, or the United Kingdom, please be aware that your information may be transferred to, stored, and processed in the United States. By using our services, you understand and consent to the transfer of your personal information to our facilities in the United States and those third parties with whom we share it as described in this Policy.

GDPR Compliance: We commit to handling your data with the utmost care and in compliance with GDPR regulations. As a data controller and processor, we have implemented necessary safeguards and protocols to ensure data protection rights and compliance.

Standard Contractual Clauses: We rely on recognized legal bases such as the Standard Contractual Clauses (SCC) to to ensure the protection of your data.

Your Rights: If you are a resident of the EEA, Switzerland, or the UK, you have certain rights and protections under the law regarding the processing of your personal data. You can exercise these rights at any time by reaching out to us.

Complaints: If you are a resident of the European Economic Area and have concerns about our data transfer practices concerning your personal data, you have the right to complain to your local data protection authority.

Changes To The Policy

We may revise this Policy from time to time without notice. We encourage you to check this page periodically for any changes. If any changes to this Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Service. Your continued use of the Service following the posting of changes to this Policy constitutes your acceptance of those changes.

Questions and Contact

If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact us by email at legal@closingwell.com

Applicable Law

This Privacy Policy is governed by the laws of Delaware, United States without regard to its conflict of laws provision. You consent to the exclusive jurisdiction of the courts in connection with any action or dispute arising between the parties under or in connection with this Privacy Policy except for those individuals who may have rights to make claims under the EU or UK Standard Contractual Clauses.