Privacy Policy

1.Introduction

Focus DSCR, Inc. ("Focus DSCR," "we," "us," or "our") respects your privacy. This Privacy Policy explains how we collect, use, disclose, retain, and protect information when you visit www.focusdscr.com, communicate with us, use our chatbot or other online tools, submit information through our website, request information about our loan products or services, or otherwise interact with us online (collectively, the "Services").

This Privacy Policy applies to information collected through our website and related online services. It does not replace any separate privacy notice, authorization, loan application disclosure, credit authorization, servicing notice, GLBA privacy notice, or other document that may apply to a specific loan application, loan transaction, servicing relationship, or financial product.

By using the Services, you acknowledge that you have read this Privacy Policy. If you do not agree with this Privacy Policy, do not use the Services or submit information through them.

2.Scope and Relationship to Loan Documents

Focus DSCR provides lending-related services for business-purpose, non-owner-occupied real estate investor transactions. Our Services and website content are intended for use in the United States and are not intended for personal, family, or household residential mortgage borrowers unless expressly stated in writing.

Information you submit in connection with a loan inquiry, prequalification, application, underwriting, due diligence, closing, servicing, or post-closing matter may also be governed by separate forms, authorizations, disclosures, notices, agreements, loan documents, vendor authorizations, and applicable law. If there is a conflict between this Privacy Policy and a transaction-specific disclosure or legal document, the transaction-specific disclosure or legal document may control to the extent required by law or the terms of that document.

3.Information We Collect

Depending on how you interact with us, we may collect the following categories of information:

Contact information: name, email address, mailing address, phone number, business name, job title, and preferred contact method.

Identity and verification information: date of birth, government identification details, tax identification numbers, beneficial ownership information, entity documentation, signatures, authentication information, and fraud-prevention information.

Loan inquiry and application information: property information, loan request details, investment experience, borrower or guarantor information, entity ownership information, income or revenue information, asset information, bank or account information, credit authorization information, transaction history, documents submitted for underwriting, and other information needed to evaluate, originate, broker, fund, sell, purchase, service, or administer a loan.

Financial and credit-related information: credit reports, credit scores, credit history, tradelines, liabilities, assets, account balances, bank statements, payment information, appraisal information, title or settlement information, insurance information, and other due diligence materials.

Commercial and transactional information: products or services requested, purchased, funded, brokered, referred, or serviced; fees paid; transaction status; and communications about those transactions.

Internet, device, and usage information: IP address, device identifiers, browser type, operating system, pages viewed, referring or exit pages, session information, interaction data, approximate location inferred from IP address, cookie identifiers, and other analytics or log data.

Communications information: emails, texts, calls, voicemails, webform submissions, chatbot inputs, meeting notes, customer support messages, and other communications with us. We may record or monitor calls or electronic communications where permitted by law and with any consent required by law.

Marketing and preference information: your communication preferences, opt-in or opt-out choices, event registrations, referral source, and responses to marketing communications.

Sensitive personal information: we may collect sensitive personal information only where reasonably necessary for identity verification, fraud prevention, underwriting, legal compliance, or transaction administration. Examples may include government identification numbers, financial account information, precise account credentials provided through a vendor, or other information considered sensitive under applicable law.

We do not intend for users to submit unnecessary sensitive personal information through the chatbot or general website forms. Do not submit Social Security numbers, bank credentials, protected health information, or other sensitive information through the chatbot unless we specifically request that information through a secure, designated process.

4.Sources of Information

We may collect information from the following sources:

You, including when you complete forms, use our chatbot, request information, submit documents, communicate with us, or apply for a loan.

Your company, co-borrowers, guarantors, members, managers, partners, representatives, brokers, correspondents, referral sources, or other transaction participants.

Service providers, vendors, affiliates, lenders, investors, loan purchasers, loan servicers, settlement agents, title companies, appraisers, insurance providers, inspectors, verification providers, payment processors, analytics providers, advertising platforms, chatbot providers, and other third parties involved in our Services or your transaction.

Credit bureaus, consumer reporting agencies, fraud-prevention databases, public records, government records, court records, property records, sanctions/watchlist databases, business databases, and other commercially available sources.

Automatic collection technologies, including cookies, pixels, SDKs, server logs, analytics tools, and similar technologies.

5.How We Use Information

We may use information for the following purposes:

Provide, operate, maintain, improve, and secure the Services.

Respond to inquiries, provide customer support, and communicate with you about our Services or your transactions.

Evaluate, process, underwrite, broker, originate, fund, sell, purchase, service, administer, or otherwise manage loan-related transactions.

Verify identity, authority, business status, property information, ownership, assets, creditworthiness, income or revenue, experience, fraud risk, sanctions status, and transaction eligibility.

Order, obtain, review, and share due diligence materials such as credit reports, appraisals, title information, settlement information, asset verifications, bank verifications, insurance information, inspections, and fraud-prevention reports.

Send operational, transactional, legal, compliance, security, servicing, and account-related communications.

Send marketing communications where permitted by law and consistent with your choices and any required consent.

Analyze website traffic, personalize user experience, measure marketing effectiveness, debug errors, improve the chatbot, and develop or improve products and services.

Detect, prevent, investigate, and respond to fraud, misrepresentation, unauthorized access, data security incidents, misuse of the Services, and other potentially unlawful activity.

Comply with applicable laws, regulations, subpoenas, court orders, licensing obligations, recordkeeping requirements, law-enforcement requests, and regulatory examinations.

Enforce our Terms of Service, loan documents, rights, remedies, agreements, and policies.

Conduct audits, risk management, quality control, training, reporting, accounting, legal, compliance, and business administration.

6.How We Disclose Information

We may disclose information as reasonably necessary for the purposes described in this Privacy Policy, including to the following categories of recipients:

Affiliates and related companies: for business, operational, compliance, marketing, servicing, or transaction purposes.

Lenders, investors, loan purchasers, correspondents, brokers, servicers, and capital partners: to evaluate, process, fund, sell, purchase, service, or administer loan transactions.

Service providers and vendors: including technology providers, hosting providers, chatbot providers, CRM providers, document-management providers, analytics providers, marketing vendors, payment processors, identity-verification providers, asset-verification providers, credit-reporting and fraud-prevention vendors, appraisal management companies, title and settlement vendors, insurance vendors, email/SMS providers, call-recording providers, and professional service providers.

Transaction participants: including co-borrowers, guarantors, members, managers, authorized representatives, brokers, referral sources, appraisers, title companies, settlement agents, insurance agents, inspectors, and other participants in a requested transaction.

Credit bureaus and verification providers: when authorized or permitted by law for credit, identity, fraud-prevention, underwriting, servicing, collection, or compliance purposes.

Government, regulatory, law-enforcement, court, or legal parties: where required or permitted by law, subpoena, court order, regulatory request, examination, investigation, or to protect rights, safety, and property.

Professional advisors: including attorneys, auditors, accountants, consultants, compliance advisors, insurers, and risk-management providers.

Business transaction parties: in connection with an actual or potential merger, acquisition, financing, sale, assignment, transfer, bankruptcy, restructuring, sale of assets, sale of loans, sale of servicing rights, or similar business transaction.

Other parties with your direction or consent: including when you ask us to share information or authorize another person or entity to receive it.

We do not sell personal information in the traditional sense of exchanging it for money. Some online advertising or analytics activities, depending on configuration and applicable law, may be considered a "sale," "sharing," or targeted advertising. See the Cookies, Analytics, and Online Tracking section and State Privacy Notices below.

7.Cookies, Analytics, and Online Tracking

We and our service providers may use cookies, pixels, tags, server logs, session replay tools, analytics tools, advertising technologies, and similar technologies to operate the website, remember preferences, understand usage, improve the Services, secure the website, measure marketing performance, and deliver or evaluate advertising.

You can control cookies through your browser settings. Depending on the tools we use and the laws that apply, we may also provide a cookie banner, cookie preference center, "Do Not Sell or Share My Personal Information" link, or recognition of opt-out preference signals such as Global Privacy Control. Counsel should confirm which mechanisms are required based on our actual cookie and advertising practices.

If we use Google Analytics, Meta Pixel, LinkedIn Insight Tag, call-tracking scripts, session replay, retargeting pixels, or similar tools, those tools may collect identifiers, device data, browsing activity, and interaction data. We should configure these tools to avoid collecting sensitive loan application information unless reviewed and approved by counsel and compliance.

8.Chatbot, AI, and Automated Tools

Our website may include a chatbot, artificial intelligence tool, automated intake tool, or similar feature. These tools are intended to provide general information, assist with navigation, collect basic inquiry details, or route requests. They do not provide legal, tax, investment, financial, underwriting, or loan-approval advice and do not create a commitment to lend.

Information you submit through a chatbot may be processed by third-party technology providers that host, operate, monitor, or improve the chatbot. We recommend that you avoid submitting sensitive personal information through the chatbot unless we provide a secure process for doing so. The chatbot may generate inaccurate or incomplete responses, and you should confirm important information with an authorized Focus DSCR representative.

We may use chatbot transcripts, metadata, or interaction data for customer support, quality assurance, security, analytics, compliance, and service improvement, subject to our vendor contracts, retention practices, and applicable law. If chatbot conversations are not stored, that statement should be retained only if technically accurate for all systems and vendors.

9.Credit Reports, Identity Verification, and Third-Party Due Diligence

If you request loan-related services, submit an application, act as a borrower, guarantor, beneficial owner, principal, representative, or other transaction participant, we may request authorization to obtain credit reports, background or fraud-prevention information, identity verification, asset verification, bank verification, appraisal information, title information, insurance information, and other due diligence materials from third parties.

We may disclose information to and receive information from credit bureaus, consumer reporting agencies, verification providers, fraud-prevention vendors, lenders, investors, servicers, loan purchasers, brokers, title companies, settlement agents, appraisers, and other transaction participants as permitted by law and consistent with applicable authorizations and loan documents.

Submitting a loan inquiry or application does not guarantee approval, funding, pricing, terms, timing, or availability of any loan product. Loan decisions and transaction obligations are governed by applicable underwriting requirements, due diligence results, written commitments if any, and final loan documents.

10.Marketing Communications and Opt-Out Choices

We may send you marketing emails, texts, calls, newsletters, promotional materials, or other communications where permitted by law and consistent with your consent and preferences. You may opt out of marketing emails by using the unsubscribe link in the email or by contacting us. You may opt out of marketing text messages by replying STOP or using any other method we provide or are required to honor by law.

Even if you opt out of marketing communications, we may still send non-marketing communications, such as transaction, application, servicing, security, legal, or administrative messages.

If we use autodialed calls, prerecorded/artificial voice messages, or marketing texts, our consent language, records, vendor workflows, opt-out processing, and do-not-call procedures should be reviewed for compliance with the Telephone Consumer Protection Act, FCC rules, state telemarketing laws, CAN-SPAM, and related requirements.

11.Data Retention

We retain information for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, comply with legal and regulatory obligations, maintain business records, support underwriting and servicing, resolve disputes, enforce agreements, detect and prevent fraud, and protect our rights and the rights of others.

Retention periods may vary based on the type of information, the transaction status, regulatory requirements, legal holds, contractual obligations, risk considerations, and operational needs. We may retain de-identified, aggregated, or anonymized information where permitted by law.

12.Security

We use reasonable administrative, technical, and physical safeguards designed to protect information from unauthorized access, use, disclosure, alteration, and destruction. These safeguards may include access controls, encryption, vendor due diligence, monitoring, secure storage, employee training, policies, and incident-response procedures.

No method of transmission over the internet or electronic storage is completely secure. You are responsible for using secure networks, protecting your devices and credentials, and avoiding submission of sensitive information through unsecured channels.

13.Your Privacy Choices and Rights

Depending on where you live, the nature of your relationship with us, and the laws that apply, you may have rights or choices regarding your personal information. These may include the right to request access, correction, deletion, portability, restriction, opt-out of certain processing, opt-out of sale or sharing, opt-out of targeted advertising, limit certain uses of sensitive personal information, or appeal a privacy-rights decision.

To make a privacy request, contact us using the information in the Contact Us section. We may need to verify your identity and authority before processing your request. We may deny or limit requests where permitted by law, including where information is subject to GLBA, legal retention obligations, fraud-prevention needs, transaction records, litigation holds, or other exceptions.

Authorized agents may submit requests where permitted by law. We may require proof of authorization and identity verification before responding to an authorized-agent request.

14.State Privacy Notices

Certain U.S. state privacy laws may provide additional rights to residents of those states. If these laws apply to Focus DSCR, we will provide the required disclosures and rights mechanisms. State privacy laws may include exemptions for personal information collected, processed, sold, or disclosed under the Gramm-Leach-Bliley Act or other financial privacy laws, but these exemptions vary by state and should be reviewed by counsel.

California residents may have rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, if Focus DSCR meets applicable thresholds and the information is not exempt. These rights may include the right to know/access, delete, correct, opt out of sale or sharing, limit use of sensitive personal information, and not be discriminated against for exercising privacy rights.

If we engage in activity considered a sale, sharing, or targeted advertising under applicable law, we should provide the required opt-out mechanism. If we honor browser-based opt-out preference signals, we should describe how those signals are processed.

15.GLBA and Financial Privacy Notice

Because Focus DSCR provides lending-related financial products or services, certain information may be subject to the Gramm-Leach-Bliley Act (GLBA), Regulation P, and related financial privacy and safeguards requirements. GLBA may require financial institutions to provide specific privacy notices explaining information-sharing practices and opt-out rights for certain sharing with nonaffiliated third parties.

This website Privacy Policy is not intended to replace any GLBA privacy notice or other financial privacy disclosure that may be required by law. Counsel should confirm whether Focus DSCR must provide an initial, annual, revised, or model-form GLBA privacy notice, and how this website Privacy Policy should coordinate with those notices.

16.Children

The Services are not directed to children under 18, and we do not knowingly collect personal information from children under 18. If you believe a child has provided personal information to us, please contact us so we can take appropriate action.

17.Third-Party Links and Services

The Services may contain links to websites, applications, platforms, tools, or services operated by third parties. We do not control those third parties and are not responsible for their privacy practices, security practices, or content. Review the privacy policies and terms of those third parties before using their services or submitting information to them.

18.Changes to this Policy

We may update this Privacy Policy from time to time. The updated version will be posted on our website with a revised "Last Updated" date. If required by law, we will provide additional notice or obtain consent for material changes.

19.Contact Us

If you have questions about this Privacy Policy or our privacy practices, or if you would like to submit a privacy request, contact us at:

Focus DSCR, Inc. — Attn: Privacy / Compliance, 2121 Bethel Rd., Suite G, Columbus, OH 43220. Email: info@focusdscr.com. Phone: 614-362-8701

20.Notice at Collection Summary

The following summary is intended to support website notice-at-collection formatting. It should be aligned with the full policy, cookie practices, and state-law requirements before publication.

Identifiers: name, email, phone, address, IP address, and device identifiers; used for contact, support, applications, security, and marketing; disclosed to affiliates, vendors, and transaction parties.

Financial and credit information: credit reports, assets, accounts, bank statements, and loan request data; used for underwriting, verification, fraud prevention, and loan administration; disclosed to credit bureaus, verification vendors, lenders, investors, and servicers.

Commercial and transaction data: products requested, fees, status, and communications; used for service delivery, recordkeeping, and compliance; disclosed to affiliates, vendors, and professional advisors.

Internet or device data: cookies, log data, pages viewed, and browser/device data; used to operate the site, improve analytics, secure the website, and evaluate advertising; disclosed to hosting, analytics, advertising, and security vendors.

Communications: emails, texts, calls, chatbot inputs, and webforms; used to respond to requests, support quality control, and meet compliance needs; disclosed to communication vendors, chatbot providers, and advisors.

Sensitive information: government IDs, financial account details, authentication or verification data; used for identity verification, fraud prevention, underwriting, and compliance; disclosed to verification vendors, credit bureaus, lenders, and legal or regulatory parties.