Lender Portal

Privacy Policy

As an employee of a mortgage lender participating in the lending programs of the West Virginia Housing Development Fund, you are subject to a number of federal and state laws that require you to maintain the confidentiality of the data and perssonally identifiable information of each loan applicant. Further, you agree as follows:

CONFIDENTIAL INFORMATION
1. "Confidential Information" shall mean all information disclosed by one Party to the other Party, whether by their agents, principals, employees, affiliates or representatives, and whether to the other Party's agents, principals, employees or representatives. This includes, without limitation: User’s login credentials, including username and password; all information transmitted to or from, or stored on, the Services (as defined in the Section 1.3.3 in the Terms of Service above), including Personally Identifiable Information (“PII”), (as defined in Section 2); all ideas, improvements, inventions, methodologies, works and other innovations of any kind, authored, conceived, developed, made or reduced to practice by the disclosing Party, whether or not eligible for copyright, patent, trademark, trade secret or other legal protection (including, but not limited to, formulas, processes, databases, mechanical and electronic hardware, electronic components, computers and their parts, computer programs and their documentation, encoding techniques, marketing and new product plans, production, advertising, packaging and marketing techniques, marketing plans, product plans, technical plans, business strategies, training procedures, pricing, strategic alliances and partners, financial information, engineering data, methodologies and processes, forecasts, operating results, personnel information, customer lists, trade secrets, know-how, product design, capabilities, specifications and architectures, the identity of potential and actual customers, and suppliers and all documentation, materials and media provided by one Party to the other).
2.0 " Personally Identifiable Information" or "PII" means: (i) a combination of any information that identifies an individual with that individual's sensitive and non-public financial, health or other data or attribute, such as a combination of the individual's name, address, or phone number with the individual's social security number or other government issued number, financial account number, date of birth, address, biometric data, mother's maiden name, or other personally identifiable information; (ii) any "non-public personal information" as that term is defined in the Gramm-Leach-Bliley Act found at 15 USC Subchapter 1, §6809(4), and (iii) "protected health information" as defined in the Health Insurance Portability and Accountability Act found at 45 CFR §160.103.
3.0 Each Party agrees with respect to the Confidential Information received from the other Party that during the term of this Agreement, it: (a) will maintain such Confidential Information in the strictest confidence; (b) will not disclose, transfer or otherwise make available any of such Confidential Information to any third party, unless such third party is subject to the binding effect of these restrictions; and (c) will not, directly, indirectly or in concert with any person, use the Confidential Information for any purpose other than in performance of its obligations or rights under this Agreement. Confidential Information of the other Party may be provided to a Party's employees, agents or contractors only on a need-to-know basis, and prior to such provision, the Party will notify each employee, agent or contractors to whom such disclosure is made that such Confidential Information is received in confidence and shall be kept in confidence by such employee, agent or contractor. For as long as a Party continues to possess or control the Confidential Information furnished by the other Party, and for so long as the Confidential Information remains unpublished, confidential and legally protectable as the intellectual property of the disclosing Party, except as otherwise specified herein, the receiving Party shall make no use of such Confidential Information whatsoever, notwithstanding the expiration of this Agreement. The Parties acknowledge their understanding that the expiration of this Agreement shall not be deemed to give either Party a right or license to use or disclose the Confidential Information of the other Party.
4.0 The Confidential Information as defined in this Agreement shall not apply to any information (a) previously known to either Party free of any obligation to keep it confidential; (b) that has been or which becomes publicly known, through no wrongful act of either Party; (c) which is rightfully received from a third Party who is under no obligation of confidence to either Party; or (d) which is independently developed by the receiving Party as evidenced by documentation possessed by the Party claiming such independent development.
5.0 Each Party recognizes and agrees that all Confidential Information shall remain the property of the disclosing Party, and that all copies of the same in written, graphic, or tangible form shall be returned to the disclosing Party upon the request by the discloser. Notwithstanding the foregoing, the Party bearing the obligation to return such Confidential Information may provide to the disclosing Party written certification that said Confidential Information has been destroyed. The receiving Party will not be obligated to delete or destroy any Confidential Information that may be stored in an electronic backup.
6.0 Each Party recognizes that it must comply with the provisions and requirements of the Gramm-Leach-Bliley Act of 1999, as set forth in 15 U.S.C. § 6801 et seq., and in 12 C.F.R. Part 40. Each Party therefore agrees that it shall not make public any Personally Identifiable Information (PII) or "non-public personal information," as that term is defined in the Act and regulations, from either Party’s customers to which a Party may gain access pursuant to this Agreement. Further, User agrees to indemnify and hold VirPack harmless against any and all claims or charges for violations of the Gramm-Leach-Bliley Act which occur as a result of User’s negligence or willful conduct in disclosing in any way the non-public personal information of Client’s customers.
7.0 User acknowledges that any violation of the confidentiality obligations in this section would cause irreparable injury to VirPack and that monetary damages are not sufficient to compensate for such harm. User acknowledges and agrees that VirPack has the right to seek to obtain an injunction without the necessity of posting bond to prevent the actual or threatened breach of this Section, and that this right is in addition to any other rights and remedies available to VirPack under law or in equity.