Colonial Savings, F.A. (“Colonial”) is committed to protecting the legitimate privacy rights of its customers, and consumers who use its services. The purpose of this Policy is to disclose the information required by the California Consumer Privacy Act of 2018 (CCPA), as that law has been amended by the California Privacy Rights Act of 2020 (CPRA). Colonial’s adoption of this policy is not an admission that it cannot avail itself of the GLBA exception found at Cal. Civ. Code 1798.X
This policy applies to all Colonial Savings accounts that are covered by the CCPA. As of the date of adoption of this policy, this means any loans serviced by Colonial Savings, where the borrower or the subject property is located in California. This policy is not considered a “major policy” for purposes of adoption by Colonial.
The definitions contained in California Civil Code §1798.40 and California Code of Regulations §7000 are incorporated herein by reference.
For purposes of this policy, the word “consumer” means a resident of California.
A. Colonial’s Information Practices under the CCP
- In the process of servicing mortgages, Colonial collects several different categories of personal information and sensitive personal information. This policy further addresses where we collect personal information from; the reasons that Colonial Savings, F.A. choose to share customers’ personal information; and Consumer’s rights as a California resident. Specifically, we have collected the following categories of personal information and sensitive personal information on consumers:
- Name, address, email address, social security number, driver license number, date of birth, and any information provided by the consumer.
- Personal information under the California Customer Records Act (Cal. Civ. Code § 1798.80(e)), which includes name, signature, social security number, contact information, employment history, bank account number, and other information provided by the consumer; some personal information included in this category may overlap with other categories.
- Protected classification characteristics under California or federal law, including age, race, color, ancestry, national and/or ethnic origin, citizenship, religion, marital status, and veteran or military status.
- Professional or employment-related information: Current or past employment history.
- Sensitive Personal Information under the California Privacy Rights Act of 2020 (Cal. Civ. Code § 1798.140(ae), including government-issued identifiers, such as a social security number, or a driver’s license, account credentials, financial information, precise geolocation; race or ethnic origin; religious beliefs; contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication, genetic data, biometric information, personal information collected and analyzed concerning a consumer’s health, or personal information collected and analyzed concerning a consumer’s sex life or sexual orientation. Some sensitive personal information included in this category may overlap with other categories.
- Colonial collects personal information from consumers in the course of servicing mortgage loans. Colonial also collects this information, upon authorization by the consumer, from credit bureaus, tax authorities, employment verification companies, flood verification companies, and appraisers, among others.
- Colonial collects personal information from consumers to service mortgage loans. The information acquired from these sources is required to service loans and provide information to investors in these loans. Information is collected based on industry standards, and Colonial believes it is collecting no more than necessary to underwrite and service a given mortgage loan.
- Colonial does not sell consumer information, as the CCPA defines the term “sell”. Consequently, the CCPA does not require Colonial to provide notice regarding the categories of third parties to whom Colonial sells information, and identification of a business purpose for selling the information, or a statement regarding actual knowledge of the sale of personal information of any consumer under the age of sixteen.
- While servicing a mortgage loan, Colonial may provide the above information to companies that assist with home owners insurance, tax monitoring, flood insurance monitoring, Colonial provides this information to obtain information required to service loans. To the degree any of the foregoing information is considered “sensitive personal information”, the disclosure is carried out in accordance with Reg 7027(m).
B. How Colonial responds to California Consumers exercising rights under the CCPA
- Consumer’s Right to Know. Consumers have the right to inquire about Colonial’s collection and use of personal and/or sensitive personal information over the past twelve (12) months. Once Colonial receives, confirms, and verifies a consumer’s request, Colonial will disclose:
- The categories of personal and/or sensitive personal information collected;
- The categories of sources for the personal and/or sensitive personal information collected;
- Colonial’s business or commercial purpose for collecting that personal and/or sensitive personal information.
- The categories of third parties with whom Colonial shared that personal and/or sensitive personal information.
- The specific pieces of personal and/or sensitive personal information collected.
- If Colonial sold or disclosed the personal and/or sensitive personal information for a business purpose, the personal and/or sensitive personal information categories that each category of recipient obtained.
- Whether the information is sold or shared.
- The retention period or criteria used for retention.
Consumer's Right to Delete
Consumers have the right to request that Colonial delete any of their personal and/or sensitive personal information collected and retained, subject to certain exceptions. Once Colonials receives and confirms a verifiable consumer request, it will:
(a) delete (and direct service providers to delete) the personal information from Colonial’s records, unless an exception applies; and
(b) notify all third parties to whom Colonial has sold or shared your personal and/or sensitive personal information, if such information was shared or sold to a third party, to delete said information, unless this proves impossible or involves disproportionate effort.
For example, and without limitation, Colonial may deny a deletion request if retaining the information is necessary to:
- Provide a good or service the consumer requested, take actions reasonably anticipated within the context of an ongoing business relationship, perform contacts enforce any obligations, or defend against possible litigation.
- Comply with the California Electronic Communications Privacy Act.
- Comply with other legal obligations or make other internal and lawful uses of the information that are compatible with the context in which you provided it.
Consumer’s Right to Correct
If a consumer believes Colonial maintains inaccurate personal information about them, they have the right to request that Colonial correct the information. To the extent such requests to correct information may also be covered by federal laws such as the Fair Credit Reporting Act or the Real Estate Settlement Procedures Act, Colonial will abide by whichever time frames are shorter, and will attempt to fulfill the terms of both Federal and California law, to the extent they do not conflict.
Sale of Consumer Information
Colonial does not sell or share consumer personal information, and will not begin to do so without approval of its Executive Committee, and amendment of this policy
Disclosure of Personal Information
Colonial does not disclose Sensitive Personal Information except in accordance with 7027(m), and will therefore not provide a notice to limit.
Colonial will not discriminate against a consumer for exercising any of their rights.
C. How Can Consumers Exercise Rights under the CCPA
To exercise the rights as described above, a consumer may either:
- Call 800-937-6002 (toll free) or
- Go to https://www.gocolonial.com/Privacy-Policy or hit the “Submit a Request” button.
Or The following can be pasted into a browser:
Only a consumer, or a person registered with the California Secretary of State that the consumer authorizes to act on your behalf, may make a request related to that consumer’s personal and/or sensitive personal information. The consumer may also make a request on behalf of their minor child.
Colonial is required to verify the identity of a consumer that requests deletion, correction, or information. In order to do so, Colonial will follow the general guidance from the California Privacy regulations, as follows:
- For consumers who are customers of Colonial, a secure process will be utilized through customer log-in to complete the process and provide any documents.
- For consumers who are not customers of Colonial, Colonial will ask for appropriate identifying information from the consumer prior to deleting, correcting, or providing information.
- For authorized agents, Colonial will ask for submission of proof of representation of the consumer. In general, that will mean that the authorized agent will need to submit a form notarized by the consumer authorizing the agent to make the request. Colonial reserves the right to verify the identity of the consumer separate from the authorized agent.
E. Consumer Contact
A consumer may contact Colonial at the toll free number listed in section C. above to discuss questions or concerns about Colonial’s privacy policies and information practices