Platinum Home Mortgage Corporation (“Platinum”) has embraced technology in an effort to revolutionize the home loan process. One part of this revolution is proactive, prompt communication with our customers, referring clients, vendors, and others. For that reason, we offer a number of communication vehicles including telephone, fax, email, chat, voice mail, U.S.P.S. mail (“snail mail”), and express mail. We have adopted the following terms and conditions regarding our email policy, which are incorporated by reference into all emails sent and received by employees of Platinum (“Platinum Employees”). Our communications with you via email are conditioned upon your agreement to the following terms and conditions.
I. EMAIL IN GENERAL
Email is an effective means of communicating a message. However, due to its brief and informal nature, email may not accurately represent the entire or final disposition of a matter or the official business records of Platinum. In most instances, communications on a particular matter are exchanged through multiple channels such as through emails, faxes, voicemails, letters, chat, instant message, telephone, and in person; sometimes, all at the same time. Therefore, email, by itself, may not accurately reflect the complete communication or intent of Platinum with respect to the subject matter referred to within the communication, nor may email constitute an official business record of Platinum. All official matters should be subsequently confirmed in written communications signed by Platinum. In addition, the mere receipt of an email by Platinum may not put Platinum on notice, timely or otherwise, of the matters contained within that email.
II. EMAILS ARE GENERALLY NOT FORMAL SIGNED WRITINGS; E-SIGN DISCLAIMER
Unless there is explicit and specific language and disclosures to the contrary, emails from Platinum do not contain or constitute an electronic signature, even if the sender’s name appears in the email. Email communications are not intended to be construed against Platinum as an unconditional pre-qualification, an unconditional pre-approval, an interest rate lock, an unconditional mortgage commitment, an unconditional mortgage approval, or any other unconditional offer or agreement to lend. Such documents and agreements are generally sent to customers in formal written communications signed by Platinum.
III. CONFIDENTIAL INFORMATION
Emails sent by Platinum Employees are confidential (and all attachments to such emails are confidential) and are to be reviewed and/or disclosed only to the individual or entity to whom they are addressed and intended. If you received an email in error or if it was improperly forwarded to you, the information contained in the email should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or email, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. Emails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing confidential information provided by Platinum, you agree to indemnify and hold Platinum harmless against any and all claims, losses, liabilities, or expenses, including attorney’s fees that Platinum may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.
IV. PRIVILEDGED INFORMATION
Emails exchanged with or involving our Legal Department may contain privileged information subject to the attorney client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an email in error or if it was improperly forwarded to you. If you are not the intended recipient of privileged information, please notify the sender immediately by telephone or email and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.
V. TIME SENSITIVE INSTRUCTIONS & OFFICIAL MATTERS; FILTERS
Do not use email to communicate time-sensitive instructions or official company matters; since the appropriate Platinum Employee may not receive or review the email in a timely manner. All emails are processed through various virus and spam filters which may delay or reject the delivery of an email altogether. Urgent matters should be communicated in person directly with the person of concern via telephone and then confirmed in writing with the appropriate person via fax or email. Platinum reserves the right to block any email source it deems inappropriate.
VI. BUSINESS PURPOSES
Platinum’s email facilities are to be used only for conducting business with Platinum. Vendors, suppliers, referring clients and others receiving email from Platinum Employees may not use our Platinum Employee’s email address or contact information (or any other person’s email address appearing on or in Platinum email) for any purpose other than corresponding with Platinum for lawful and legitimate business purposes relating to Platinum’s business. The receipt of an email is not Platinum’s consent, nor our Platinum Employee’s consent, for you to use our Platinum Employee’s email address or contact information for direct marketing purposes or for transfers of data to third-parties, and such use is strictly prohibited.
VII. MONITORING OF COMMUNICATIONS
All emails sent to or from Platinum Employees may be forwarded, monitored, and/or reviewed by others within Platinum other than the designated recipient/sender with or without notice to the designated recipient/sender. We may also record and/or monitor other forms of communications you have with us via the website, chat, email, and telephone. By using such communication methods you are consenting to the recording and/or monitoring of the same.
VIII. UNSECURED TRANSMISSIONS
You should be aware that regular email is typically sent via the Internet which is an open network. While certain designated areas within our website employ technologies to secure your data and the transmissions between you and Platinum, general email uses the Internet which is an open system and we cannot provide absolute assurances that all email transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won’t be lost, misdelivered, destroyed, delayed, or intercepted/decrypted by others. Therefore Platinum advises against sending sensitive or personally identifiable information, over email, and disclaims all liability with regard to emails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, misdelivered, intercepted, decrypted or otherwise misappropriated by others.
Computer viruses can be transmitted via email through email content, attachments to emails and embedded links. Although our emails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any email they open is virus free. Platinum is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our emails. If Platinum forwards an email or replies to a prior email, the contents may have been produced by someone other than Platinum or Platinum Employees for which Platinum assumes no liability whatsoever. PLATINUM DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT PLATINUM’S EMAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of email to introduce any virus, malicious or disabling code, or to otherwise interfere with Platinum’s email transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
X. PROHIBITED EMAIL CONTENT
All Platinum Employees are prohibited from using email to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in email. Such communications are against Platinum policy and outside the scope of our Platinum Employee’s employment. Platinum does not accept any liability in respect of such communication, and the Platinum Employee responsible will be personally liable for any damages or other liability arising out of such unauthorized communications. Please report any such violations to our Legal Department at (800) 953-6337 or email@example.com. The use of Platinum’s email facilities for purposes of sending menacing, harassing, offensive or threatening messages to Platinum Employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of Platinum’s email facilities for purposes of soliciting Platinum Employees to breach their employment agreements or to interfere with their employment status with Platinum is strictly prohibited.
XI. ALL RIGHTS RESERVED; STATEMENTS ATTRIBUTABLE TO PLATINUM
Platinum reserves all rights as to Platinum’s content in its email and this email policy statement. No part of Platinum’s email (or this policy statement) may be reproduced, published, or distributed in any manner without the express written permission of Platinum. The only official publishable public statements that can be attributed to Platinum are statements issued by Platinum’s Legal Counsel or Chairman.
XII. NEGLIGENT MISSTATEMENT
Platinum disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through email and Platinum makes no warranties, express or implied, with respect to such data or information.
XIII. IRS CIRCULAR 230 DISCLOSURE
Platinum disclaims any U.S. federal tax advice contained in or furnished through email (including any attachments). Any reliance upon such tax advice cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any other party any transaction or matter that is addressed, contained in or furnished through email (including any attachments).
XIV. GOVERNING LAW
In receiving and opening an email, you agree that the Email Policy Terms and Conditions stated herein shall apply to you and are incorporated by reference into Platinum’s email, and that any disputes pertaining to any email shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Email Policy Terms and Conditions may only be filed only in the state or federal courts located in Illinois.
If you wish to opt-out, please complete the Opt-Out Disclosure.
XVII. CALIFORNIA CONSUMER PRIVACY ACT OF 2018
If you are a resident of the state of California, you may have rights pursuant to the California Consumer Privacy Act of 2018. To find out more about these rights or how you may make a request pursuant to that Act, please click here.
Any email complaints should be directed to the Legal Department at (800) 953-6337 or firstname.lastname@example.org.