Website Privacy Notice

Effective Date: December 9, 2024

General information

Marlin Mortgage Capital, LLC and Sailfish Servicing, LLC (herein collectively referred to as the “Companies”, “we”, “us”, and “our”) understand that your privacy is important to you, and we are committed to protecting the privacy of your personal information. This website privacy notice (“Privacy Notice”) describes the types of information that are identifiable to a particular person (“Personal Information”) that we collect from you when you use or access our website www.marlinmtg.com (the “Site”), how we collect, use, and disclose that information and the choices available to you regarding our use of the information. We also describe the measures we take to protect the security of the information and how to contact us about our privacy practices.

If you live in a U.S. state with a comprehensive privacy law, you may have certain additional privacy rights with respect to the Personal Information we collect about you. To learn more about your rights under such state-level comprehensive privacy laws, see the State Specific Privacy Disclosures section of this Privacy Notice.

We urge you to read this Privacy Notice to ensure you are informed. Your use of the Site constitutes your acceptance of and agreement to this Privacy Notice. We may change this Privacy Notice from time to time. When we do, we will let you know by posting the changed Privacy Notice on this page with a new “Effective Date.” We encourage you to check the Site regularly for policy revisions. If you do not agree to this Privacy Notice, do not use the Site.

What Personal Information Do We Collect?

We may collect or have collected the following categories of information about you. In some cases, the information we collect may fall within more than one category.

• Contact information and personal identifiers, such as your name, email address, telephone number, mailing address, and if you create an account with us, your account login credentials. We do not collect Social Security numbers, date of birth or driver’s license numbers on the Site.
• Information that you provide through our online forms and communications with us, such as information you provide when communicating with us via our Contact Us form on the Site.
• Device and browser information, such as technical information associated with the device or browser you use, such as the type and model, system language, browser type, operating system, and user or device identifiers like MAC address, IP address, or other online identifiers.
• Online or network activity information, such as information regarding what you do on our Site and your interaction with our Site and advertisements, information about your browsing and search history on our Site, and log file information which includes, but may not be limited to, your browser type, webpages you visit, how long you visit, what links you click on, what pages you visit, how many times you visit a page, heatmaps and scrolls and how long it takes for you to come back, and other electronic network information.
• Geolocation information. If you permit geolocation collection in your browser or device, we may collect information that can help identify your physical location (like your GPS coordinates or the approximate location of your mobile device).

How and When We Collect This Information?

We collect your information when you interact with us, such as when establishing an account with us, inquiring about services, visiting our websites, contacting us for customer service or technical support, and using our products and services. We may collect or may have collected your information in the following ways:

• Directly from you. We may collect Personal Information directly from you, such as when you contact us with a question, sign-up to receive marketing communications, or use other services, features or resources we make available on the Site.
• From your device. WWhen you interact with our Site, we may automatically collect information about your device, browser, and activity on our Sites, as described above. If you have accounts with third-party providers, you may be able to control your ad preferences through your account.
• Information Collected from Third Parties. We may collect Personal Information from third parties, such as other companies, or publicly-available sources.
• Cookies and similar technologies. We may use cookies, web beacons, and other similar technologies on our Site, and they may collect all of the information described in this section, specifically “Device and browser information” and “Online or network activity information.” To learn more about cookies, please visit https://allaboutcookies.org. To prevent the use of cookies, your browser may have a DNT option in its preferences. If you turn tracking off, we can still identify a device, but we do not keep track of which websites it has been to. Although most web browsers are initially set up to accept cookies, if you prefer, you may decline the placement of a cookie on your hard drive by using the appropriate feature(s) of your web browser software (if available) to delete the cookie. Please understand that certain areas within this Site may not function properly if the web browser does not accept cookies.

How Do We Use Your Information?

We or our service providers may use your information that we collect from and about you to perform the following business functions:

• Operate our business and our Site, including by providing our services and information about our services;
• Enable users to use our Site and its features;
• Personalize content provided to you on our Site;
• Market and advertise to you, such as by sending you newsletters, emails, text messages (as permitted by law), or via digital advertisements on other sites or platforms;
• Process and respond to your requests or to send you other communications;
• Conduct analytics, perform statistical analyses and research, including to improve our Site and services, and product development and marketing;
• Comply with legal obligations, legal process, or industry rules or best practices;
• Comply with, make claims relating to, or enforce legal rights or obligations, legal process, our policies, government requests, or prudent security or business practices;
• Enforce any applicable agreement with you or others;
• Monitor for and protect against or prevent fraud or other unauthorized, illegal, or suspicious activity; and/or
• Protect the security and integrity of our organization, the Site, products and services, and service providers.

Please note that we may combine information that we collect from you and about you (including automatically-collected information) with information we obtain about you from other third parties and other public records, and use such combined information in accordance with this Privacy Notice.

Retention of Personal Information

Your Personal Information is processed for the period(s) reasonably necessary to achieve the purposes listed in this Privacy Notice, or for any longer periods permitted or required by applicable law. Our retention practices reflect applicable legal, tax and business purposes, as well as applicable law.

Do We Disclose Your Information with Others?

We may disclose your information, including Personal Information, such as:

• To third parties who provide services to us or on our behalf, including service providers, vendors, or business partners that provide Site and application functionality, hosting, analytics, and advertising and marketing services;
• To our affiliates;
• To comply with law, a court order, or other legal process, or in connection with a legal investigation;
• To protect the rights and interests of the Companies, our affiliates, third party service providers, and our and their respective employees, clients, users, or any other person or entity;
• To enforce any applicable terms and conditions and/or other agreements;
• In connection with legal compliance or with claims relating to legal rights or obligations, legal process, our policies, government requests, or prudent security or business practices;
• In the event of a transfer of ownership, merger or other similar transaction (including one in connection with any bankruptcy or similar proceedings); and/or
• In accordance with your consent.

What Choices Do I Have About My Personal Information?

We value your privacy and strive to provide you with choices regarding the handling of all Personal Information you choose to provide to us. You may choose not to provide us with your Personal Information if you are uncomfortable with our practices, as set forth in our Privacy Notice.

Subject to applicable law, you may have the right to request access to and receive details about the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, and have the Personal Information deleted, as appropriate. These rights may be limited in some circumstances by local law. You may request to review, change or delete your Personal Information by sending an email to info@marlinmtg.com. We may ask you to verify your identity and to provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. Your right to delete your information is subject to our records retention policies and applicable law.

If you sign up for marketing communications from us and you now wish to unsubscribe, you may do so by clicking on the “unsubscribe” link provided in the communication, or send a “STOP” text message in response to the marketing text. Please also note that unsubscribing from future marketing-related messages does not prevent us from sending you administrative messages, as applicable.

Notice of Monitoring

We and our service providers and third-party partners may monitor any use of or activity on the Site and may capture and retain records reflecting your activity on our Site for our business purposes. This may include records reflecting actions you take while using our Site (such as clicks on pages or links, items viewed, scrolling, time spent on pages, and other activities), records of parts or all of your sessions on our Site, information you submit on or via our Site, or communications or information sent through or using our Site. The cookies, pixels, and other tracking technologies described in this Privacy Notice may also collect the foregoing information reflecting your use of and activity on our Site, or may enable our third party partners to collect such information. This information may be collected, retained, captured, and/or monitored by us or by our service providers and third-party partners. If you do not consent to the monitoring described here, you should not use our Site.

Third Party Websites

Our Site may contain links to other websites or platforms that we do not control and for which we are not responsible. This Privacy Notice does not apply to your access to or use of any third-party websites and mobile applications that our Site may link to, or that may link to our Site. These websites operate independently from us, and their privacy practices are subject to their own privacy policies, which we strongly encourage you to review to understand their procedures for collecting, using, and disclosing Personal Information. We do not control third-party websites and applications and are not responsible for the content, use, or the privacy and security practices of these third-party sites. Any personal information collected through such third-party websites and applications is subject to the applicable third party’s privacy practices, which we encourage you to carefully review.

Privacy of Minors

We do not knowingly collect Personal Information on our Site from persons under the age of 18. If you are under 18, you are not permitted to use our Site. Please have your parents contact us instead. If you believe your child has provided personal information to us, please contact us via the email listed in the Contact Us section below, and we will work to delete it.

Do Not Track

Some newer web browsers may have a “Do Not Track” preference that transmits a “Do Not Track” header to the websites you visit with information indicating that you do not want your activity to be tracked. We do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed.

Contact Us

We welcome your questions and comments about this Privacy Notice or the use of your Personal Information. Please email us at info@marlinmtg.com or visit our Contact Us page https://www.marlinmtg.com/contacts.html with any questions or comments.

State-Specific Privacy Disclosures

This section of our Privacy Notice applies to residents of certain U.S. states that have enacted comprehensive state-level privacy laws. Under these laws, you may have additional rights with respect to the personal information collected by us.

Personal Information Collected About Consumers

We collect and process, and have collected and processed in the previous (12) months, the following categories of personal information:

• Identifiers, including your name, address, email address, phone number, if you create an account with us, and account login credentials.
• Personal information described in Cal. Civ. Code § 1798.80(e), including identifiers described above, bank account information, credit/debit card information, and credit history.
• Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet or other electronic network activity information, including information regarding what you do on our Site and your interaction with our Site and advertisements, information about your browsing and search history on our Site, and log file information which includes, but may not be limited to, your browser type, webpages you visit, how long you visit, what links you click on, what pages you visit, how many times you visit a page, heatmaps and scrolls and how long it takes for you to come back, and other electronic network information.
• Geolocation data.
• Sensitive personal information, including precise geolocation and account login credentials.
• Inferences drawn from the information identifies in this section.

Purposes of Collecting and Processing Personal Information

We collect and process, and have collected and processed for the previous twelve (12) months, each of the above categories of personal information for various purposes, including:

• Helping to ensure security and integrity of personal information.
• Debugging to identify and repair errors that impair existing intended functionality.
• Short-term, transient use.
• Performing services on your behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, and providing financing.
• Undertaking internal research.
• Undertaking activities to verify, maintain, or improve the quality or safety of our products and services.

Personal Information Sources

We collect these categories of personal information directly from you, your use of our products and services, and from other companies, such as our affiliates. We also collect information from third parties, such as credit information, marketing lists, and social media platforms.

Disclosure of Personal Information

In the past year, we may have disclosed all or substantially all categories of personal information listed above with certain third parties who provide services to or for us on our behalf, including service providers, vendors, or business partners that provide Site and application functionality, hosting, analytics, and advertising and marketing services.

Retention of Personal Information

We retain your personal information consistent with the Retention of Personal Information section above.

Sale and Sharing of Personal Information

Under certain laws, a “sale” of personal information is defined broadly and does not require an exchange of monetary compensation. According to that broad definition, during the previous twelve (12) months, a “sale” of the following categories of personal information may have occurred with our marketing and analytics providers and other business partners:

• Identifiers, such as your name, address, telephone number, email address.
• Commercial information, such as product and service usage information.
• Internet or other electronic network activity information, such as your interaction with the website, mobile application, or advertisements.
• Inferences drawn from the categories of Personal Information described here.

Under certain laws, such disclosure may also constitute a “sharing” of personal information for cross-context behavioral advertising or processing of personal information for “targeted advertising”. But we do not sell or share, and have not sold or shared in the previous twelve (12) months, personal information of any consumers we know to be under 16 years of age.

Profiling

We do not process your personal information in furtherance of “decisions that produce legal or similarly significant effects”, as such term is defined under applicable law.

Your Privacy Rights. Subject to any exceptions provided by law, you may have certain rights related to Personal Information, including:

(1) The right to know what personal information we have collected about you, including the categories of Personal Information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose your Personal Information, and the specific pieces of personal information we may hold about you.
(2) The right to correct inaccurate personal information that we may have collected about you.
(3) The right to delete personal information we collected from you.
(4) The right to access to your Personal Information, if applicable, in a portable and readily usable format.
(5) The right to confirm whether we are processing your personal information we collected from you.
(6) The right to opt out of “sale” or “sharing” of Personal Information or processing of personal information for “targeted advertising.”
(7) The right to limit our use and disclosure of sensitive personal information.
(8) The right not to be discriminated or retaliated for exercising your rights.

How to Exercise Your Rights. You may exercise your rights to Know, Data Portability, Correct, or Delete by:

• Submitting a request via info@marlinmtg.com
• Calling (888)-656-5150
• Clicking Contact Us and sending us a message describing the right you would like to exercise (Right to Know, Data Portability, Correct, or Delete)

As required under applicable law, we will take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may limit our response to your exercise of the above rights as permitted under applicable law.

Under certain laws, you may designate an authorized agent to make a request on your behalf by email or physical mail. You may make such a designation by providing the authorized agent with written permission to act on your behalf. We may require the authorized agent to provide proof of that written permission. To the extent permitted by law, we may require you to verify your own identity in response to a request, even if you choose to use an authorized agent. If you are an authorized agent submitting a request on behalf of a California consumer, please submit the request using the channels described in this section.

We will respond to requests to opt-out or limit within fifteen (15) business days of receipt. If your rights request is denied, you may lodge an appeal with us, subject to applicable law. The response to your rights request will inform you of any appeal rights you may have and how you may exercise them.

Additional California Privacy Rights: Pursuant to California’s “Shine the Light” law (Section 1798.83 of the California Civil Code), California residents are entitled once per calendar year, free of charge, to request and obtain certain information regarding our disclosure, if any, of personally identifiable information to third parties for their direct marketing purposes in the preceding calendar year (e.g., requests made in 2022 will receive information about 2021 sharing activities). You may also tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, send an email to info@marlinmtg.com. We may need additional information to process your request.

Marlin Mortgage Customer Contact

1. Program Description: As a part of the "Marlin Mortgage Customer Contact" program, you'll receive timely updates on mortgage rates, reminders for upcoming payments, exclusive promotional offers, notifications of policy changes, and personalized financial tips. Our aim is to keep you informed and assist in the effective management of your mortgage.

2. Opt-Out Information: To opt-out of the SMS service, simply text "STOP" to any message you receive from us. Upon sending "STOP," you will receive a confirmation message confirming your unsubscription. Following this, you will no longer receive SMS messages from us. To re-subscribe, sign up as you initially did, and we will resume sending SMS messages to you.

3. Help and Support: For assistance with the messaging program, reply with "HELP" or contact us directly at sales@marlinmtg.com or call (888)-488-2988 for more support.

4. Carrier Liability: Please note, carriers are not responsible for any delayed or undelivered messages.

5. Message and Data Rates: Message and data rates may apply for any messages sent to you from us and vice versa. You can expect to receive approximately 2-4 messages per month. For questions about your text or data plan, please contact your wireless provider.

6. Marlin Mortgage Capital is committed to keeping our customers informed and engaged through our SMS program. This program is designed to provide timely and relevant information directly to your mobile device. As a subscriber to our SMS notifications, you can expect to receive the following types of messages:

Payment Reminders: Receive reminders before your mortgage payment is due, ensuring you never miss a payment deadline.
Promotional Offers: Be the first to know about special rates, new services, and exclusive offers tailored for our valued customers.
Customer Surveys and Feedback: Your opinion matters to us. Participate in surveys to share your experience and feedback, helping us enhance our services.
Service Updates: Stay informed about any changes or improvements to our services, online platform, or policies that may affect your mortgage experience.
Educational Content: Gain insights with our educational messages about mortgage management, financial wellness, and tips to maximize your benefits with us