nCino Borrower Portal Terms and Conditions

This Notice applies to the personal information that nCino collects, uses, discloses, and otherwise processes related to the Application (“Covered Data”), which includes:

• Data generated, retrieved, and collected from the Application by or on our behalf that is linked or reasonably linkable to any user of the Application,
• Personal information related to your registration for the Application, and
• Other information related to the performance and use of the Application.

This Notice DOES NOT apply to information that:  

• We collect offline or on any other nCino Apps, websites, or websites you may access through this App,
• You provide to or is collected by or on behalf of any third party, including your lender.

We may collect Covered Data when the Application is used that is linked or linkable to users of the Application. Please see our nCino Privacy Statement (https://www.ncino.com/privacy-policy) for additional information regarding the personal information we collect overall. For information on how to stop our collection of Covered Data from the Application, please see the Rights and Choices section below.

Overview of Sources and Categories of Personal Information. While the actual Covered Data that we collect may vary depending upon the circumstances (as further described below), generally, we may collect, use, disclose, and otherwise process the following categories of personal information (as defined by the CCPA) related to the Application:

Identifiers: such as first and last name, address, phone number, email address, account name, SSN, other contact information, IP address, VIN, online identifiers, driver’s license number, and other government identifiers or other unique personal identifiers;

Commercial Information: including records from usage of the Application or other purchase or usage histories;

Internet and Other Network Activity Information or Mobile App Activity: including, but not limited to, browsing history, search history, and your interaction with a website, application, or advertisement; and

Profiles and Inferences: including inferences and trends derived from the Covered Data and other personal information we collect.

This Covered Data includes certain sensitive personal information, including SSN, driver’s license number, precise geolocation, and biometric information. We may share (as defined under the CCPA) identifiers, customer records, commercial information, internet or other electronic network activity data, and profiles and inferences, with third parties as described in this Notice. We retain Covered Data for as long as reasonably necessary for purposes for which it was collected and is used by us, as stated in this Notice. For more information about our collection, use, and disclosure of these categories of personal information pursuant to the CCPA, please review the nCino Privacy Statement (https://www.ncino.com/privacy-policy).

As further described in this section, we may collect personal information directly from users of the Application, from third parties (such as platform providers, marketing and advertising partners, and others), and automatically related to your use of the Application.

Information Collected Directly. We may collect personal information directly from you, such as when you register for an account or communicate with us, related to the Application.

Account, Registration, and Subscriptions: when you activate or register for the Application, subscribe to certain features, or otherwise access or use the Application, we collect information that you provide us such as your name, email address, phone number, home or work address, and other contact information. We may also access or use certain optional information, such as your preferences, demographic information, and other information.

Communications and Support: when you email us, call us, or otherwise contact us, we maintain records about our interactions and communications with you, including the nature of the request, name and contact information, and information related to the resolution of the request. We maintain information about your use of the Application, including which features or services you activate, access, and use. Generally, we may collect or derive the following types of Covered Data from the Application:

App and Website Data: When you use or access the Application via mobile apps, websites or online services that we make available to you, we and our third-party providers may use cookies, web beacons, log files, and other methods to collect information about your activities and use, including IP address, app identifier, device ID, advertising ID, location information, browser type, device type, domain name, the referring and exiting URLs, the dates and times of access and use, device name and model, operating system type, name, and version, the length of time that you are logged into or using our Application or services, and the links you click and your other activities. Our servers do not recognize browser do-not-track requests.

Data from Third-Party Services and Providers: Some of the Application is provided or supported by non-affiliated entities and service providers (“Third-Party Providers”), who may collect and receive personal information about you as part of their provision of the particular feature, service or application, or in order to respond to a request you make via the Application (collectively “Third-Party Services”).

Generally, we use Covered Data (including personal information) for the following purposes:  

Providing Our Services and Related Support: to provide, maintain, and improve the Application and our other products and services; to make available certain features and services; to develop new features, products, or services; for troubleshooting and maintenance; for quality and product improvement purposes; to authenticate users; to perform technical operations, such as updating software; to send you messages relating to the Application; and for other customer service.

Research and Analytics: to better understand how users access and use our Application, and for other research and analytical purposes, such as to evaluate and improve our Application and business operations and to develop additional products, services, and features.

Personalizing Content and Experiences: to personalize the information and content we display to you, including marketing, promotional, and sponsored content, as well as providing you with more relevant ads.

Advertising, Marketing, and Promotional Purposes: to communicate with you about your account and use of our Application via email and push notification, as well as SMS text (with your consent) including to send you product updates; to respond to your inquiries; and for other informational, marketing, or promotional purposes. Please see the Rights and Choices section for more information about how to change your communications preferences.

Supporting Our General Business Operations: related to the administration of our general business, accounting, recordkeeping, and legal functions, or in connection with a business transfer. As part of our routine business administration, such as compliance auditing and similar internal activities.

Security and Protection: to protect the safety, rights, property, or security of nCino, the Application, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that we, in our sole discretion, consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Notice or our Terms.

Complying with Legal Obligations: to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.

We disclose Covered Data, in order to provide and improve our products and services, reach users with more relevant information and offers, to make available third-party offers you may be interested in, with your consent (if applicable), and as otherwise set out below.

Affiliates, Vendors, and Providers. We may share or disclose personal information to our vendors, partners, and others who we work with to make certain services available, such as:

Affiliates and Subsidiaries: to our affiliate or subsidiary companies, who may use and disclose your personal information in accordance with this Notice.

Vendors: to third-party vendors, service providers, contractors, or agents who process such data in order to perform functions on our behalf, including digital advertising and analytics providers.

Third-party Services and Providers: some of the Application is provided or supported by third parties who may collect and receive personal information about you as part of their provision of the particular feature, service, or application, or in order to respond to a request you make via the Application. The use of your personal information by Third-Party Providers will be subject to their respective privacy policies and terms and is not governed by this Notice.

Other Third Parties: We may share Covered Data with select third parties:

• Marketing and advertising partners: we may also disclose certain Covered Data to select third parties who may send you offers and other information we think you may be interested in.
• Third-party programs and personalized offers: we may share your Covered Data with select third parties so that they can provide you with personalized offers and identify offers, discounts or other programs you may be interested in, such as insurance.

Please see the Rights and Choices section below for details on how to opt out of our sharing of your personal information with third parties.

As Directed or Authorized by You. We may share Covered Data with others as directed or authorized by you, such as if you authorize or request us to share Covered Information with a third party.

Other Individuals. If you permit another user to access or use your Application account, then you acknowledge and agree that such individual(s) may have access to your account and associated Covered Data and may be able disclose or submit requests related to the Application.

Business and Operational Purposes. In addition, we may disclose Covered Data in support of our business and operational purposes, including:

Business Transfers: as part of any merger, acquisition, financing, sale of company assets or interests in the respective company, or in the case of insolvency, bankruptcy, or receivership, including during negotiations related to such business transfers.

Protecting Rights and Interests: to protect or defend the safety, rights, property, or security of nCino, third parties, or the general public, including to protect the Application, to detect, prevent, or otherwise address fraud, security, technical issues, or other activity which we, in our sole discretion, consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity. We may also use Covered Data as evidence in litigation in which we are involved, and as necessary to enforce this Notice or our Terms of Service and other applicable agreements with you.

Complying with Legal Obligations: to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding, in response to a subpoena, warrant, court order, or other legal process, or as part of an investigation or request, whether formal or informal, from law enforcement or a government official.

You may review and update much of the personal information that you have submitted by logging into your account and updating your profile information. Please note that we may maintain copies of information that you have updated, modified, or deleted, as permitted, in our business records and in the normal course of our business operations, as permitted or required by applicable law.

Do Not Sell. You can request that we do not share or sell your Covered Data with third parties by submitting a request i) within the “Privacy Settings” of your account, ii) by selecting “Do Not Sell My Personal Information” in the footer of this web page or application, or iii) by emailing privacy@ncino.com and detailing your request. Please note that this opt-out does not apply to (i) disclosures to our agents and service providers that process this data to provide services to us; (ii) disclosures to others where necessary to provide the Application to you, to respond to your requests, or as otherwise directed by you; (iii) disclosures that are necessary to comply with our legal obligations or to protect or defend our rights; (iv) disclosures that are necessary to protect the security and integrity of the Application or other nCino products and services; or (v) disclosures of de-identified or aggregate data that do not identify you.

Additional Privacy Requests. Residents of certain states may have specific privacy rights under applicable privacy laws, as further described in the nCino Privacy Statement (https://www.ncino.com/privacy- policy). You may submit a privacy request, including to access, correct, or delete personal information, to opt out of targeting and sales, and to limit or object to certain uses and disclosures of your personal information, including Covered Data by submitting an online request through our privacy portal here.

California Privacy Rights. If you are a California resident you may have additional California privacy rights, including your rights to opt out of sales and sharing of your personal information and to limit certain uses and disclosures of your sensitive personal information. You may exercise these rights at any time without any discriminatory treatment for exercising such rights. To exercise any privacy right, please see the sections above.  

Eligibility. You must be of legal age and have the capacity to enter into binding contracts to use the Application. By using the Application, you represent and warrant that you meet these requirements.

Registration. To access certain features of the Application, you may be required to register for an account. You agree to provide accurate and complete information during the registration process and to update your information as necessary.

Acceptable Use. You agree not to use the Application for any unlawful or prohibited purpose, including, but not limited to, submitting false or misleading information, violating applicable laws and regulations, or infringing upon the rights of others.

Submission of Information. The Application enables you to fill out mortgage applications and submit them to banks and mortgage brokers. You are solely responsible for the accuracy and completeness of the information you submit through the Application.

Third-Party Services. You acknowledge that the Application may integrate with or provide access to third-party services (e.g., banks, mortgage brokers, service providers). Your use of such services is subject to their respective terms and conditions. nCino is not responsible for any actions or omissions of these third-party providers.

Ownership. All content, software, and technology provided on the Application are the property of SimpleNexus, LLC d/b/a nCino Mortgage, LLC or nCino OpCo, Inc. and are protected by intellectual property laws.

Limited Access. nCino grants you limited access and use rights to use the Application for its intended purpose. You may not copy, modify, distribute, or reverse engineer the Application.