Monument Home Loans, LLC (“Monument Home Loans” or “Company”) provides customers with a privacy notice that clearly describes the Company’s practice of collecting, protecting, and sharing customer’s nonpublic personal information (“NPI”) with affiliates and third parties at the time that a customer relationship is established.
Monument Home Loans is required to provide an initial privacy notice when customer establishes a relationship with Monument Home Loans by providing any personally identifiable financial information in an effort to obtain a mortgage loan.
Monument Home Loans also sends annual privacy notices to their customers during the continuation of the customer relationship, if applicable. Annually means at least once in any period of 12 consecutive months during which that relationship exists. Monument Home Loans does not sent privacy notices after the relationship with the customer has ended.
Monument Home Loans provides privacy notices and opt-out notices so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically. The notice can be hand-delivered, mailed, or sent electronically. Monument Home Loans provides the initial privacy notice and the opt-out notices simultaneously.
The Notice includes:
The categories of NPI that Monument Home Loans collects;
The categories of NPI that Monument Home Loans discloses;
The categories of affiliates and nonaffiliated third parties to whom Monument Home Loanse discloses NPI;
The categories of NPI about former customers that Monument Home Loans discloses and the categories of affiliates and nonaffiliated third parties to whom Monument Home Loans discloses NPI about former customers,;
If Monument Home Loans discloses NPI to a nonaffiliated third party, a separate statement of the categories of information Monument Home Loans discloses and the categories of third parties with whom you have contracted;
An explanation of the consumer’s right under §1016.10(a) to opt out of the disclosure of NPI to nonaffiliated third parties, including the method(s) by which the consumer may exercise that right at that time;
Any disclosures made under section the Fair Credit Reporting Act (that is, notices regarding the ability to opt out of disclosures of information among affiliates);
Monument Home Loans policies and practices with respect to protecting the confidentiality and security of nonpublic personal information.
Exceptions to Notice Requirement
Exceptions for processing transactions at consumer’s request – Exceptions to the initial privacy notice, opt-out and for service providers and joint marketing do not apply if Monument Home Loans discloses NPI as necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes, or in connection with:
Servicing or processing a financial product or service that a consumer requests or authorizes;
Maintaining or servicing the consumer’s account with you, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity; or
A proposed or actual securitization, secondary market sale (including sales of servicing rights), or similar transaction related to a transaction of the consumer.
Necessary to effect, administer, or enforce a transaction means that the disclosure is:
Required, or is one of the lawful or appropriate methods, to enforce your rights or the rights of other persons engaged in carrying out the financial transaction or providing the product or service; or
Required, or is a usual, appropriate or acceptable method:
To carry out the transaction or the product or service business of which the transaction is a part, and record, service, or maintain the consumer’s account in the ordinary course of providing the financial service or financial product;
To administer or service benefits or claims relating to the transaction or the product or service business of which it is a part;
To provide a confirmation, statement, or other record of the transaction, or information on the status or value of the financial service or financial product to the consumer or the consumer’s agent or broker;
To accrue or recognize incentives or bonuses associated with the transaction that are provided by you or any other party;
To underwrite insurance at the consumer’s request or for reinsurance purposes, or for any of the following purposes as they relate to a consumer’s insurance: account administration, reporting, investigating, or preventing fraud or material misrepresentation, processing premium payments, processing insurance claims, administering insurance benefits (including utilization review activities), participating in research projects, or as otherwise required or specifically permitted by Federal or state law; or
In connection with:
The authorization, settlement, billing, processing, clearing, transferring, reconciling or collection of amounts charged, debited, or otherwise paid using a debit, credit, or other payment card, check, or account number, or by other payment means;
The transfer of receivables, accounts, or interests therein; or
The audit of debit, credit, or other payment information.
Opt-out means a direction by the consumer that Monument Home Loans may not disclose NPI about that consumer to a nonaffiliated third party, other than as permitted by law. The optout notice is a clear and conspicuous notice to all customers that accurately explains the right to opt out under that section. The notice states:
that Monument Home Loans discloses or reserves the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party;
that the consumer has the right to opt out of that disclosure; and
a reasonable means by which the consumer may exercise the opt-out right.
Exceptions to Opt out
Exceptions to opt out requirements. The requirements for initial notice and for service providers and joint marketing do not apply when you disclose nonpublic personal information:
With the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction;
To protect the confidentiality or security of your records pertaining to the consumer, service, product, or transaction;
To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability;
For required institutional risk control or for resolving consumer disputes or inquiries;
To persons holding a legal or beneficial interest relating to the consumer; or
To persons acting in a fiduciary or representative capacity on behalf of the consumer;
To provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies that are rating you, persons that are assessing your compliance with industry standards, and your attorneys, accountants, and auditors;
To the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies (including the Bureau, a Federal functional regulator, the Secretary of the Treasury, with respect to 31 U.S.C. Chapter 53, Subchapter II (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C. Chapter 21 (Financial Recordkeeping), a state insurance authority, with respect to any person domiciled in that insurance authority’s state that is engaged in providing insurance, and the Federal Trade Commission), self-regulatory organizations, or for an investigation on a matter related to public safety;
To a consumer reporting agency in accordance with the Fair Credit Reporting Act (15 USC 1681 et seq.), or
From a consumer report reported by a consumer reporting agency;
In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or
To comply with Federal, State, or local laws, rules and other applicable legal requirements;
To comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or summons by Federal, state, or local authorities; or
To respond to judicial process or government regulatory authorities having jurisdiction over you for examination, compliance, or other purposes as authorized by law.
Under no circumstances will the Company disclose, other than to consumer reporting agencies, access codes or account numbers for use in marketing.