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Privacy Policy

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Devency Capital, LLC (“Devency Capital,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, share, and safeguard your personal information when you interact with us online or offline in connection with our private real estate lending and investor relations services. It also outlines your rights and choices regarding your personal information. By using Devency Capital’s website or services, you agree to the practices described in this Privacy Policy. If you do not agree with our practices, please refrain from using our services. Please note that this Policy may be updated from time to time (see “Policy Updates and Notification Procedures” below), and any changes will become effective when posted. This Privacy Policy is intended to provide information about our data practices and compliance with U.S. federal and Washington state privacy laws; it is not intended to create any contractual rights or obligations beyond those provided by applicable law.

Third-Party Sites: Our website may contain links to third-party websites or services. This Policy does not apply to, and we are not responsible for, the privacy practices of those third parties. We encourage you to review the privacy policies of any third-party sites or services before providing your information to them.

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We collect various types of information to effectively conduct our private lending business and investor communications. The types of information we collect include:

  • Personal Identifying Information: This includes information that identifies you as an individual, such as your name, postal address, email address, telephone number, date of birth, Social Security number (or other government-issued identification numbers), driver’s license or passport information, and other contact details. We may collect this information, for example, when you fill out forms on our website, apply for a loan, register for an investor account, or communicate with us.

  • Financial Information: In connection with our real estate lending and investment services, we may collect sensitive financial details. This can include your income, credit history and credit score, bank account and routing numbers (for funding transactions or distributions), assets and liabilities, tax identification numbers, investment objectives, and other financial details relevant to underwriting loans or managing investor relationships. We might also collect property information (such as property address, value, and ownership documents) if you are a borrower using the property as collateral.

  • Transactional and Account Information: Details about your transactions and relationship with us, such as loan application information, loan terms and history, account balances, payment history, investment holdings, dividends or interest earned, and communications records (e.g. correspondence or call logs with our customer service). This includes records of agreements you enter with us or consents you provide (for example, your consent to receive electronic records or SMS messages).

  • Technical and Usage Information: When you visit our website or use our online services, we automatically collect certain information about your device and how you interact with our site. This may include your IP address, browser type, device identifiers, operating system, referral URLs, pages viewed, links clicked, and the dates/times of access. We may also collect information through cookies, web beacons, pixels, and similar tracking technologies (see Cookies and Tracking Technologies below). This technical data helps us understand usage patterns and improve our website’s performance.

  • Geolocation Data: We may infer an approximate geographic location (e.g., city or region) from your IP address or collect precise geolocation if you explicitly allow it (for example, if our mobile site or application requests permission). We use location data to comply with legal requirements (such as ensuring we don’t lend in restricted jurisdictions) and to personalize content based on your region.

  • Communication and Preference Information: This includes records of your communications with us (emails, phone calls, messages) and your preferences, such as language preferences, marketing communication opt-ins or opt-outs, and any preferences you have indicated for how we contact you (email, phone, SMS, etc.). If you participate in surveys or provide feedback, we collect that information as well.

  • Information from Third Parties: We may receive personal information about you from third-party sources as part of our due diligence or customer verification processes. For example, if you are a loan applicant, we may obtain credit reports or background checks from credit bureaus or consumer reporting agencies, verification of employment or income from employers or financial institutions, and information from public records (such as property deeds or business registrations). If you are an investor, we might verify accreditation status or perform anti-money laundering (“AML”) and Know Your Customer (“KYC”) checks through third-party services. We treat any information obtained from third parties in accordance with this Privacy Policy and applicable law.

We collect the above information either directly from you (when you provide it to us), automatically (through technology like cookies), or from third-party sources as described. In all cases, we only collect information that is relevant and necessary for the purposes stated in this Policy.

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Devency Capital uses the information we collect for various legitimate business and legal purposes. Specifically, we use your personal information in the following ways:

  • Transactional Purposes & Service Delivery: We use personal and financial information to provide our core services, including processing loan inquiries and applications, underwriting and approving private real estate loans, and facilitating funding. This involves verifying your identity, evaluating creditworthiness and collateral, preparing loan documents, and servicing loans (e.g., sending billing statements, processing payments, and managing accounts). For investors, we use your information to manage your investments or accounts with us, issue interest or dividend payments, send account statements, and provide any investor-specific services or portals.

  • Communication and Customer Support: Your contact information is used to communicate with you about your accounts, transactions, and our services. We will send you important administrative or transactional communications, such as loan status updates, funding confirmations, investment portfolio updates, account alerts, and changes to terms or policies. We also use your information to respond to your inquiries, requests, and feedback, and to provide customer support. This ensures we maintain efficient and personalized communication throughout our business relationship.

  • Marketing and Promotional Purposes: With your consent or as otherwise permitted by law, we may use your contact details (such as email address or phone number) to send you marketing communications about Devency Capital’s products, services, new lending programs, exclusive real estate investment opportunities, newsletters, industry updates, or upcoming events that may be of interest to you. For example, existing clients or subscribers might receive occasional emails about new loan products or interest rate specials. You have the right to opt out of marketing communications at any time (see “User Rights and Choices” below), and we will honor your opt-out requests. We do not use sensitive personal information (such as financial or identification data) for marketing purposes without your explicit consent.

  • Compliance and Legal Obligations: We use personal and financial information to comply with our legal and regulatory obligations as a financial services company. This includes uses such as: conducting identity verification, fraud prevention, anti-money laundering (AML) and counter-terrorist financing checks, and performing due diligence on borrowers and investors as required by law; reporting to credit bureaus and government authorities as required (for instance, reporting interest paid on investments for tax purposes, or reporting certain loan data if required under federal regulations); complying with court orders, subpoenas, or lawful requests by public authorities; and maintaining records required for auditing, accounting, or regulatory compliance (such as maintaining loan records for a minimum period under financial regulations). We also use data to enforce our agreements and protect our legal rights, and to investigate or defend against any claims or disputes that may arise.

  • Fraud Prevention and Security: We may use your information to detect, investigate, and prevent fraudulent transactions or unauthorized access to our services. For example, technical information (like IP addresses and device data) may be used to monitor for unusual or suspicious account activity. We also use personal information to authenticate users (ensuring that only authorized individuals access accounts or execute transactions) and to implement and enforce security measures. This helps safeguard your accounts and our platform against fraud, hacking, or other malicious activities.

  • Improvement and Personalization of Services: We analyze usage data, feedback, and other information to understand how our clients and visitors use our website and services. This analysis helps us troubleshoot performance issues, improve the functionality and user experience of our website, and develop new features or services. We may also use data analytics to personalize your experience – for instance, to tailor website content to your interests, or to remember your preferences so we can serve you better (such as prefilling forms or displaying relevant loan products). Any analytics or profiling we perform is aimed at enhancing service quality and is done in accordance with applicable privacy laws (often using aggregated or de-identified data where possible).

  • Other Purposes with Your Consent: We will use your personal information for any other purposes that you specifically consent to. For example, if you agree to participate in a testimonial or case study, we might use your name and experience in our marketing materials – but only with your permission. If we ever need to use your information in a way not described in this Policy, we will explain and request your consent as required by law.

We ensure that we have a valid legal basis for each use of your information (see “Legal Bases for Processing” below). We do not use personal information in ways that are incompatible with the purposes for which it was collected, unless required or allowed by law. If we intend to process your information for a new purpose, we will provide you with notice and, if necessary, seek your consent.

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We understand the importance of keeping your personal information confidential. Devency Capital does not sell your personal information to third parties for their own marketing or other independent use, and we do not share your information with unrelated third parties except as necessary for legitimate business needs and legal requirements, as described below. We may share personal information in the following circumstances:

  • Lending Partners and Funding Sources: As a private real estate lending broker and facilitator, we may share certain information about borrowers or loan applicants with our lending partners, affiliate lenders, or investor clients who provide capital for funding loans. For example, if you apply for a loan with Devency Capital, we might share your application details and relevant personal/financial information with third-party lenders or investment partners (such as private investors, fund managers, or financial institutions) who work with us to finance your loan or participate in loan syndications. We share only what is necessary for evaluating or funding your loan (e.g., credit qualifications, property details), and these partners are contractually obligated to use the information solely for the intended transaction and to keep it confidential. Similarly, if you are an investor participating in a deal that involves co-investors or joint ventures, we may share limited necessary information with those partners (for instance, to coordinate joint ownership or payouts), but we will not disclose your information to other investors without appropriate safeguards and disclosures.

  • Service Providers and Vendors: We employ trusted third-party companies and individuals to perform certain business functions and services on our behalf. This includes, for example: IT and Hosting Providers (for website hosting, cloud data storage, backup services), Payment Processors (to handle ACH transfers or other payment transactions), Loan Servicing Platforms and Customer Relationship Management (CRM) software (to manage account data and communications), Credit Bureaus and Verification Services (to obtain credit reports, identity verification, or valuation services), Marketing and Communications Providers (such as email or SMS delivery services, analytics providers, or advertising partners), and Professional Advisors (like auditors, accountants, compliance consultants, or attorneys). These service providers may have access to personal information as needed to perform their functions, but they are contractually bound to protect the information and use it only for our specified purposes. We require our vendors to maintain strict confidentiality and security standards that are consistent with this Privacy Policy and applicable law.

  • Affiliates and Business Partners: We may share information with our affiliates (entities that control, are controlled by, or are under common control with Devency Capital) for purposes consistent with this Policy. For instance, if Devency Capital is part of a corporate group, your information might be shared with a parent company or subsidiary involved in the real estate or financial services business, in order to streamline services, comply with consolidated reporting obligations, or offer integrated services to you. All affiliated group members will uphold the privacy protections described here. We may also share information with non-affiliated business partners or joint venture partners with your consent or as necessary to fulfill a service you requested. For example, if we co-sponsor an event or program with another organization, and you sign up, we might share your registration information with that co-sponsor – but we will let you know at the time of collection if such sharing will occur.

  • Legal Disclosures and Protection of Rights: We may disclose your information when we are legally required to do so, or when we believe in good faith that such disclosure is necessary to protect our rights, your safety or the safety of others. This includes sharing information: to comply with applicable laws or regulations, such as to satisfy reporting obligations or respond to lawful requests by government authorities (e.g., in response to a subpoena, court order, or similar legal process); to detect, prevent, or address fraud, financial crime, security or technical issues (for instance, exchanging information with other companies and organizations for fraud protection or risk reduction); or to enforce our agreements and policies, or to protect the rights, property, or safety of Devency Capital, our customers, or others (for example, sharing information with law enforcement or regulators if you violate our Terms of Service or if there is suspected illegal activity). We will limit the information disclosed to what is reasonably necessary to achieve the purpose of the disclosure and, when permitted, will inform you of such disclosures.

  • Corporate Transactions: In the event that Devency Capital, LLC considers or undergoes a business transaction such as a merger, acquisition, reorganization, sale of assets, or investment financing, your personal information may be disclosed to potential or actual purchasers or other parties involved in the transaction (e.g., due diligence processes). If such a transfer occurs, the receiving party will be required to use your personal information in a manner consistent with this Privacy Policy (and any privacy choices you have made), or we will notify you and obtain your consent if required by law. Likewise, if we transfer a portion of our business (for example, a portfolio of loans) to another company, information relevant to those accounts may be transferred to the acquiring entity as part of the transaction.

  • With Your Consent or At Your Direction: Aside from the scenarios above, we will share your personal information with third parties only if you have given us your consent to do so, or if you direct us to share it. For instance, if you ask us to introduce you to a third-party service (like an insurance provider or real estate service) or if you utilize a feature on our site that involves a third-party plug-in (such as a social media login or a mapping service), we will share data as needed to fulfill your request, after making sure you understand and consent to the exchange. In such cases, the third party’s use of your information will be governed by their own privacy policy, and we recommend you review their policy.

No Selling of Personal Data: Devency Capital does not sell your personal information to data brokers or third parties for monetary consideration. We also do not share your information for third parties’ independent use in a manner that would be considered a “sale” or targeted advertising “share” under applicable consumer privacy laws (such as the California Consumer Privacy Act). If this practice ever changes in the future, we will update this Policy accordingly and provide any required notices or opt-out opportunities.

Aggregated or De-Identified Data: We may share information that has been aggregated (combined with information of other users) or de-identified (stripped of personal identifiers) in such a way that it cannot reasonably be used to identify you. For example, we might share aggregated loan statistics or website traffic trends with partners or in public reports. Such information is not considered personal information and may be used or disclosed freely, provided it cannot be re-associated with an individual.

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Devency Capital takes the security of your personal information seriously. We employ a variety of administrative, technical, and physical safeguards to protect your data from unauthorized access, use, alteration, and disclosure. Our data protection and security practices include:

  • Encryption: We use industry-standard encryption protocols to protect personal and financial data during transmission and in storage. For example, our website and online forms are secured using HTTPS/TLS encryption, which safeguards data as it travels over the internet. Sensitive information (such as Social Security numbers or bank account details) is additionally encrypted at rest or tokenized in our databases so that it cannot be read even if accessed without authorization.

  • Access Controls: We restrict access to personal information to those employees, contractors, and service providers who have a legitimate business need for access. Internal access to sensitive data is controlled through role-based access controls and authentication measures (such as strong passwords, multi-factor authentication, and unique user IDs). Employees are only permitted to handle data relevant to their job functions, and access to especially sensitive data (like financial records or identification numbers) is limited to authorized personnel (for instance, our loan officers, underwriters, or compliance team).

  • Staff Training and Policies: We maintain comprehensive privacy and security policies that govern how personal data must be handled. Our staff and contractors receive training on data privacy, security practices, and their responsibilities under applicable laws (including confidential handling of customer financial information). We have implemented internal procedures to prevent unauthorized access or disclosure, such as requiring confidentiality agreements and performing background checks where appropriate.

  • Network & System Security: Devency Capital employs technical security measures to guard against external threats. This includes the use of firewalls, intrusion detection and prevention systems, anti-malware and antivirus software, and regular security monitoring of our systems for vulnerabilities or unauthorized activity. Our website and servers are kept up-to-date with security patches, and we perform periodic security audits and penetration tests to assess the strength of our defenses. We also use secure data backup and recovery procedures to protect against data loss.

  • Third-Party Security & Audits: When we engage third-party service providers to handle personal information (such as cloud hosting or payment processors), we carefully vet these providers for strong security practices. We enter into data protection agreements requiring them to maintain adequate safeguards. Many of our critical service providers undergo regular security audits, certifications, or compliance checks (for example, SOC 2 certification, PCI-DSS compliance for payment processors, etc.), and we review their compliance reports where relevant. We also require our providers to notify us of any security incidents involving customer data so that we can act swiftly.

  • Physical Security: To the extent we maintain physical records or operate offices, we implement physical security measures to prevent unauthorized access to facilities and files. This can include locked file cabinets, secure areas for servers, alarm systems, surveillance cameras, and access badges or keys for authorized personnel only.

  • Incident Response and Breach Notification: Despite our efforts, no security measures are infallible, and we cannot guarantee absolute security of information. However, we have an incident response plan in place to handle any suspected data breach or security incident. In the unfortunate event of a data breach affecting your personal information, we will promptly notify you and the appropriate authorities as required by law, and we will take all necessary steps to contain and remedy the breach.

While we strive to protect your information, it’s important for you as well to safeguard any accounts or passwords related to our services and to notify us immediately if you suspect any unauthorized access to your account. Remember: Devency Capital will never ask you for sensitive information like passwords via email or unsolicited phone call. Always use caution when sharing personal information and use secure channels to communicate with us.

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Our website and online services use cookies and similar tracking technologies to enhance user experience, analyze website performance, and support our advertising and marketing efforts. Cookies are small text files that websites store on your browser or device. We use the following types of cookies and tracking technologies:

  • Essential Cookies: These cookies are necessary for the website to function properly and cannot be switched off in our systems. They are usually only set in response to actions you take on the site, such as logging in, filling out forms, or setting your privacy preferences. Essential cookies enable core features like secure account login, application submission, and page navigation. For example, if you log into a secure investor portal or borrower account, we use cookies to maintain your session. You can set your browser to block or alert you about these cookies, but some parts of the site may not work if they are blocked.

  • Analytics and Performance Cookies: We use these cookies (often provided by third-party analytics services like Google Analytics) to collect information about how visitors use our website. This includes which pages are visited most frequently, how visitors move around the site, and if they encounter errors. The data gathered is typically aggregated and anonymous, and it helps us improve the website’s functionality and understand the effectiveness of our content. For instance, analytics cookies may track how users found our site (via a search engine or referral link) and how long they stay on certain pages. We use this information to optimize our web pages and marketing efforts.

  • Functional Cookies: These cookies allow the site to remember choices you make and provide enhanced, more personalized features. They may be set by us or by third-party providers whose services we’ve added to our pages. For example, functional cookies might remember your site preferences (such as your preferred language or region) or enable advanced features like live chat support or video content playback.

  • Advertising and Targeting Cookies: Devency Capital does not currently host third-party ads on our website, but we may use targeting cookies in the context of our own marketing campaigns. These cookies may be set through our site by advertising partners or social media platforms in order to track your browsing activity and show you relevant Devency Capital advertisements on other sites (this is known as retargeting). For example, if we use Google Ads or Facebook Ads, those platforms might drop a cookie or pixel when you visit our site, which enables our ads to be shown to you on other websites or social feeds. These cookies collect information about your browsing behavior and inferred interests. If we use such technologies, we will do so in compliance with applicable law (obtaining consent where required).

  • Web Beacons and Similar Technologies: In addition to cookies, we and our email service providers may use small graphic images or scripts (often called web beacons, pixels, or clear GIFs) that are embedded in emails or on our web pages. These technologies help us determine whether a specific page was visited or whether an email was opened or forwarded. For example, web beacons in our marketing emails allow us to understand which emails recipients have opened, so we can gauge interest and improve our messages.

Your Choices for Cookies: You have several options to control or limit how cookies and similar technologies are used:

  • Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies or alert you when a cookie is being placed on your device. Please note that if you disable cookies entirely, our website (especially the secure portions) may not function properly for you.

  • To learn more about how to manage cookies in popular browsers, you can visit the help documentation for your specific browser (e.g., Chrome, Firefox, Safari, Edge).

  • For analytics cookies (like Google Analytics), Google provides an opt-out mechanism (such as the Google Analytics Opt-out Browser Add-on) that you can install in your browser to prevent the collection of your data by Google Analytics on all sites.

  • For advertising cookies, many are part of industry-wide opt-out programs. You can visit the Network Advertising Initiative (NAI) or Digital Advertising Alliance (DAA) websites for information on how to opt out of interest-based advertising cookies from participating companies. Similarly, if we use Facebook or other social media advertising, those platforms often allow you to adjust your ad preferences in your user account settings.

  • If our site uses a cookie consent banner or preferences tool (if required by law in your region), you can use that tool to customize which categories of cookies you accept. For example, you might choose to accept only essential cookies and reject analytics or advertising cookies.

“Do Not Track” Signals: Some web browsers offer a “Do Not Track” (DNT) setting that lets you signal to websites that you do not want to be tracked. Currently, there is no universal standard for how to interpret DNT signals. Accordingly, our website does not respond to browser DNT signals. Instead, we encourage you to use the cookie management options described above to control tracking. However, we do honor certain global privacy control signals where legally required (for example, Global Privacy Control (GPC) signals as an opt-out of “sale” for California consumers, as described below under User Rights).

By using our site without disabling cookies, you consent to our use of cookies and similar technologies as described in this section. You can revoke that consent at any time by clearing cookies from your browser or adjusting your cookie settings, which will affect future tracking.

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We respect your rights to know about and control your personal information. Depending on your jurisdiction and the applicable privacy laws, you may have some or all of the following rights regarding the personal information we maintain about you:

  • Right to Access: You have the right to request confirmation of whether we are processing your personal information, and to access or receive a copy of the specific pieces of personal information we hold about you. We will provide this information in a readily usable format, typically within a reasonable timeframe. For example, a California consumer or a data subject in the European Economic Area (EEA) can request a copy of their personal data that we have collected and stored.

  • Right to Correction/Rectification: You have the right to request that we correct or update any inaccurate or incomplete personal information we maintain about you. If you have an account with us, you may also be able to log in and correct certain information on your own. Otherwise, upon verifying your identity, we will make the appropriate corrections to ensure your data is accurate and up to date.

  • Right to Deletion: You have the right, in certain circumstances, to request that we delete your personal information. This is sometimes called the “right to be forgotten.” Upon a valid deletion request, we will erase your personal data from our records and direct our service providers to do the same, unless an exception applies. Please note that we may need to retain certain information as required by law or for legitimate business purposes – for example, we might retain loan transaction records for a minimum period mandated by financial regulations, or keep some information to complete a transaction you requested or to resolve disputes. If we must retain data for such reasons, we will inform you of that at the time of your request.

  • Right to Opt-Out of Sale or Sharing of Personal Information: If you are a resident of certain states like California, you have the right to direct us not to sell your personal information to third parties or to share it for cross-context behavioral advertising purposes. As noted above, Devency Capital does not sell personal data in the conventional sense. We also do not share personal information with third parties for their own marketing use. However, if you believe that any transfer of your data constitutes a “sale” under applicable law, you have the right to opt out. You can exercise this right by contacting us (see Contact Information below) or by using any “Do Not Sell My Personal Information” link or mechanism that may be available on our website. If you opt out, we will refrain from selling or sharing your covered information going forward unless you later provide authorization allowing us to do so.

  • Right to Opt-Out of Marketing Communications: Regardless of jurisdiction, you always have the choice to opt out of receiving promotional emails, newsletters, or marketing texts from us. You can do so by clicking the “unsubscribe” link in any marketing email, or by contacting us to be removed from our mailing list. If you opt out of marketing emails, we may still send you non-promotional communications, such as those about your account, transactions, or our ongoing business relations (e.g., a loan status update or an investor statement). For SMS/text message marketing, you can reply “STOP” to any message to opt out (see “SMS Terms and Conditions” below for more details).

  • Right to Data Portability: In some cases (such as under GDPR for EU users or certain U.S. state laws), you may have the right to request a copy of your personal information in a portable and, if technically feasible, readily usable format that allows you to transmit the data to another entity. For example, you might request that we provide your account information and transaction history in a commonly used electronic format so you can store it or provide it to another service.

  • Right to Restrict or Object to Processing: If applicable law grants it (for instance, GDPR), you may have the right to object to our processing of your personal information or to request that we restrict processing in certain circumstances. For example, you might object to processing based on our legitimate interests if you believe those interests are overridden by your privacy rights. Or you might request restriction of processing if you contest the accuracy of the data or if the processing is unlawful but you prefer we keep the data rather than delete it. We will carefully consider such requests and comply when required by law. You also have the right to object at any time to the processing of your personal data for direct marketing purposes – if you exercise this right, we will stop using your data for marketing.

  • Right to Non-Discrimination/No Retaliation: We will not discriminate against you or deny you any goods or services because you exercised any of your privacy rights. For example, if you choose to exercise your rights under California law, we will not provide you a different level of service, refuse you service, or charge you a different price (except to the extent permitted, such as offering a data-related incentive which you can opt into or out of). Your privacy choices will not affect the way we treat you in our lending or investment services.

  • Other Rights: Depending on the laws that apply, you may have additional rights. For instance, California “Shine the Light” law allows customers to request certain information about our sharing of personal information with third parties for their direct marketing in the preceding year (however, as stated, we do not share data in that manner without consent). Some states provide a right to opt out of certain types of profiling or targeted advertising – if applicable, we will honor those rights and enable you to exercise them. Residents of Nevada may direct us not to sell certain personal information for monetary consideration, which can be requested through our contact channels (although we do not currently engage in such sales).

Exercising Your Rights: To exercise any of the applicable rights above, please contact us using the information provided in the Contact Information section at the end of this Policy. Please specify which rights you wish to exercise and provide us with enough information to verify your identity. For example, we may ask you to provide personal details we already have on file (like your past transaction details or contact information) to ensure you are the person entitled to the request. For certain requests (like access or deletion), we may require a signed declaration verifying your identity if the information is highly sensitive. If you have an authorized agent (such as an attorney or someone with power of attorney) submit a request on your behalf, we will require proof of their authorization and may still verify your identity directly.

We will respond to privacy rights requests within the timeframe required by law. For example, under CCPA we generally have 45 days to respond (with the possibility of a single 45-day extension if necessary), and under GDPR we aim to respond within one month. If we need more time, we will inform you of the reason and extension period in writing. There is typically no fee for making a request, but if a request is manifestly unfounded or excessive (for instance, repetitive), we may charge a reasonable fee or refuse to act on it as permitted by law.

If you have any concerns about how we handle your request or your personal information, please also feel free to contact us so we can address them. You also have the right to contact your data protection authority or regulator (such as a state Attorney General’s office or the EU Data Protection Authority, where applicable) to lodge a complaint if you believe we have not addressed your concerns.

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We retain personal information only for as long as necessary to fulfill the purposes for which it was collected, as outlined in this Privacy Policy, and to comply with legal, accounting, or regulatory requirements. The exact duration for which we keep your data can vary depending on the type of information and the context of its use:

  • Customer and Transaction Records: If you are a borrower or investor, we will retain your personal and financial information for the duration of your business relationship with us (for example, for as long as your loan is outstanding or your investment account is active). After your relationship with us ends, we may retain your information for a defined period. This retention period is often governed by laws and regulations. For instance, financial institutions are commonly required to keep certain transaction records, account information, and communications for a number of years (e.g., to comply with anti-fraud laws, tax laws, anti-money laundering recordkeeping requirements, or statutes of limitations for legal claims). Typically, we retain loan documentation and associated personal data for at least seven (7) years after a loan is paid off or closed, as this is a standard period for financial record retention in many jurisdictions. Investor records may be kept for a similar period after the final distribution or account closure.

  • Legal Compliance and Disputes: If we believe an issue may arise relating to your data or transactions (for example, if there’s a potential legal dispute, audit, or an active investigation), we may preserve relevant information until we are confident it is no longer needed. We also retain any data necessary to fulfill our obligations in any litigation holds or government investigations. Information that is subject to a legal hold will be retained until the hold is lifted, even if that extends beyond our typical retention period.

  • Marketing Data: If you have subscribed to receive marketing communications (such as newsletters or product updates), we will retain your contact information for as long as you remain subscribed. If you unsubscribe or opt out of marketing, we may keep your contact details on a suppression list to ensure we respect your opt-out choice (i.e., we maintain a record not to contact you). We typically log marketing consent and opt-outs as part of our compliance records.

  • Website Usage Data: Analytics data collected via cookies and other tracking technologies is usually retained for a shorter period, often aggregated or anonymized after a certain time. For example, Google Analytics data may be retained for a period (e.g., 26 months) as configured in our analytics settings, after which it can be deleted or anonymized. You can also clear cookies from your own browser at any time to remove tracking data.

  • Applicant Data: If you apply for a job with us or otherwise inquire about opportunities, we may retain your resume or application information for a period of time (possibly up to a year or as required by law) in case a suitable position opens or for legal recordkeeping. This scenario might not be directly relevant to our core lending/investment services but is noted here for completeness.

Once the retention period expires or the purpose for collecting the data has been fulfilled, we will either securely delete, destroy, or anonymize your personal information. We use secure deletion methods (such as data wiping and shredding of physical documents) to ensure that information cannot be reconstructed or recovered. If complete deletion is not feasible (for example, because your personal information has been stored in long-term backups), we will ensure that it is segregated and protected from further processing until deletion is possible.

Please note that even after we delete your personal data, residual copies may remain in backup storage for a brief period (though they will not be actively processed and will be deleted in accordance with our backup retention practices). Also, removal from our active databases may not remove all traces if data has been shared with third parties in accordance with this Policy (such as credit bureaus or regulators); however, we will notify those parties of any required deletions. We will also retain any information as required to honor opt-out requests (for example, keeping a record that you do not want to be contacted via email).

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Our services are intended for adults involved in real estate investing and financing; they are not directed at children under the age of 13. Devency Capital does not knowingly collect personal information from anyone under 13 years of age. In addition, because of the nature of our services (financial products and investments), you must be at least 18 years old or the age of majority in your jurisdiction to engage in business with us. We do not offer accounts or loans to minors.

If you are under 13, please do not use or provide any information on our website, do not make purchases or investment decisions through us, and do not send us any personal information. If we become aware that we have unknowingly collected personal information from a child under 13, we will take immediate steps to delete such information from our records. If a parent or legal guardian believes that their child under 13 may have provided us with personal information, they should contact us (see Contact Information below), and we will expeditiously investigate and remove any such information.

We comply with the U.S. Children’s Online Privacy Protection Act (COPPA) and other applicable laws aimed at protecting children’s privacy. While COPPA primarily addresses children under 13, we also strive to protect the privacy of minors under 18. If you are a minor between 13 and 17 years old, you may use our services only with the involvement and consent of a parent or guardian. Even so, we minimize the collection of data from minors and treat all user data with great care. Any information inadvertently collected from users we suspect are minors will be handled with additional security and deleted when not needed for a legitimate purpose.

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Devency Capital may offer SMS/text message communications for the convenience of our clients and interested parties. These SMS communications might include account alerts, loan status updates, investment updates, appointment or consultation reminders, or promotional messages (such as interest rate offers or event notifications), depending on what you have opted into. By providing your mobile phone number to us and opting-in to our SMS program, you consent to receive text messages from Devency Capital under the following terms and conditions:

  • Opt-In Consent: You will only receive SMS messages from us if you have expressly agreed to receive them. This can happen, for example, by checking a box on a form indicating you want to receive text messages, by texting a designated keyword to our number, or by otherwise requesting SMS communications. By opting in, you confirm that you are the subscriber or customary user of the telephone number provided and that you are authorized to consent to receive text messages at that number. Consent to receive text messages is not required as a condition of obtaining any services or loans from Devency Capital; it is entirely voluntary.

  • Message Types and Frequency: The types of messages you receive will depend on the program or services you have subscribed to.

    • Transactional or Account Alerts: If you are a borrower or investor, we may send you texts with important account-related information. For example, you might receive a text when a loan application decision has been made, when a payment is coming due or has been received, or when an important document is available. Investors might receive texts about distribution dates or account balance updates. These messages are sent on an “as-needed” basis tied to your account activity.

    • Marketing and Promotional Messages: If you have opted into marketing texts, you might receive occasional promotions, such as notifications of new loan programs, special financing rates, referral program offers, or invitations to events/webinars. The frequency of marketing messages will be limited (for example, a few per month) and will comply with any frequency disclosure we provided at the time of opt-in.

    • General Information and Updates: We might also send texts for general updates that you signed up for, like our newsletter highlights in SMS form or industry insights.

    Message Frequency: The frequency of messages will vary based on your interactions and the programs you enrolled in. Transactional alerts are sent when relevant events occur (so frequency depends on account activity). Promotional or general updates, if any, will be limited – typically no more than a few messages per month, unless you specifically enroll in a high-frequency program. Any expected frequency will be disclosed during the opt-in process.

  • Costs and Fees: Message and data rates may apply to any SMS communications we send, as determined by your mobile service carrier’s plan. Devency Capital does not charge you any separate fees to receive texts; however, you are responsible for any charges from your carrier for both the text messages sent by us and those you send to us. These may include counts towards your text messaging limits or per-message fees, depending on your phone plan. If you are unsure about your texting plan or data charges, please contact your mobile provider. Devency Capital is not responsible for any charges your wireless carrier may impose for SMS texts, data usage, or related services.

  • Opt-Out (How to Unsubscribe): You can opt out of receiving text messages from us at any time. To stop receiving SMS messages, simply reply to any Devency Capital text with the word “STOP” (you can also include additional words like "STOP ALL", the system will typically recognize the word “STOP”). After we receive your opt-out request, we will send a one-time confirmation text to let you know that you have been unsubscribed. After this, you will no longer receive SMS messages from us on that number (unless you later re-subscribe by following an opt-in process again). Please note that if you have multiple types of SMS subscriptions (e.g., transactional alerts and marketing messages), a “STOP” to one of our programs will generally unsubscribe you from all Devency Capital text messages. If you wish to specifically opt out of only marketing messages but continue transactional alerts, please contact us directly for assistance (as replying STOP will typically stop all texts).

  • Help and Support: If you need assistance with our SMS service or have questions, you can reply to any of our texts with the keyword “HELP.” This will trigger an automated response with information on how to contact customer support for further help (for example, it may provide a toll-free number or email address). Alternatively, you can directly contact us at 206-806-7935 or email us at info@devencycapital.com for help regarding the SMS program. We are here to answer any questions you have about your text messages or to assist with managing your communication preferences.

  • Delivery of SMS Messages: We strive to deliver messages promptly, but delivery is subject to effective transmission by your mobile carrier. Devency Capital is not liable for delayed or undelivered messages, as delivery can be influenced by factors outside our control (such as network congestion or outages on the part of your wireless provider). Wireless carriers are not liable for delayed or undelivered messages.

  • Participating Carriers: Our texts should be deliverable via all major U.S. cellular carriers. However, availability may vary and the program may not be supported by all mobile networks, especially for international users. If your carrier is not supported, you may not receive messages. We do not charge for unavailable message delivery, of course, but this is another reason to ensure you have a supported carrier if you wish to use the service.

  • Privacy for SMS Data: We value your privacy in all communications. When you opt into our SMS messages, we will collect and treat your mobile number and any other personal information we gather during the opt-in (such as your name or keywords you text) in accordance with this Privacy Policy. We will use this information solely to send you the messages you signed up for, to manage your preferences, and to administer the SMS program (for example, keeping track of opt-outs or troubleshooting delivery issues). We may use a third-party service provider to transmit messages (such as a cloud communications platform), but any such provider is required to keep your phone number confidential and to use it only for delivering our communications. We will not share your phone number with unrelated third parties or use it for purposes other than what you consented to.

  • TCPA Compliance: We adhere to the Telephone Consumer Protection Act (TCPA) and other relevant laws/guidelines (such as CTIA messaging principles) concerning SMS communications. This means we obtain the necessary consent before sending marketing text messages, we include required disclosures in our opt-in processes, and we honor all opt-out requests. We do not use autodialed or pre-recorded calls/texts for marketing without your express written consent. Our messages will always identify us as the sender and provide a way to opt out. Your consent applies only to the specified program; we do not "recycle" your consent for different types of messages.

  • User Responsibilities: By opting into our SMS program, you agree to notify us if your mobile number changes or is reassigned, to ensure we do not send messages to a number that no longer belongs to you. You also understand that text messaging is not a secure medium; while we won’t include highly sensitive personal information in texts, be mindful of what you share via SMS. If you need to discuss sensitive account details, it’s better to call us or use a secure portal rather than texting.

By subscribing to our SMS service, you accept these terms and conditions. We recommend you print or save a copy of this section for your records. If you have any questions about our SMS terms, please contact us (see Contact Information below).

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Devency Capital is based in the United States, and our primary operations (including our website hosting and data storage) are located in the U.S. If you are accessing our services or providing information from outside the United States, please be aware that your personal information will likely be transferred to, stored in, and processed in the United States or other jurisdictions where Devency Capital or our service providers operate. The data protection and privacy laws of those jurisdictions may offer different (and possibly less comprehensive) protections than the laws of your home country.

However, regardless of where your information is processed, we will handle it in accordance with this Privacy Policy and take appropriate measures to ensure its protection. These measures may include using standard contractual data protection clauses, relying on a service provider’s certification under an approved data transfer framework, or other lawful mechanisms to ensure that any transferred personal data remains safeguarded to a high standard.

For individuals in the European Economic Area (EEA), United Kingdom, or other regions with laws governing data collection and use, if we transfer your personal data to a country outside of your home jurisdiction (such as the U.S.) we will do so in compliance with the applicable legal requirements. For example, we may rely on the European Commission’s Standard Contractual Clauses (SCCs) or the UK International Data Transfer Agreement/Addendum, as appropriate, when transferring data from the EEA/UK to the U.S. These are contractual commitments between companies transferring personal data, designed to ensure that the recipient of the personal data will protect it to the standard required by European data protection laws. We may also rely on an adequacy decision by the relevant authorities (if available) or obtain your explicit consent for certain cross-border transfers when required.

Your Choices: If you are an international user, you may choose not to provide personal information to us. However, please note that some information is necessary for us to provide services (for example, we cannot process a loan application without certain personal and financial details). By using our services or submitting information to us, you explicitly consent to the transfer and processing of your personal information in the United States (and other jurisdictions as applicable). We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

If you have questions about international data transfers or the safeguards we have in place, please contact us using the information in the Contact Information section. We will be happy to provide additional details about how we protect personal data across borders.

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Devency Capital is committed to processing personal information in lawful ways. When we are subject to data protection laws such as the EU/UK General Data Protection Regulation (GDPR) or comparable frameworks, we rely on the following legal bases to collect and use your personal data:

  • Performance of a Contract: In many cases, we process personal data because it is necessary to fulfill our contract with you or to take steps at your request before entering into a contract. For example, when you apply for a loan or open an investment account, we must process your personal and financial information to provide the services you requested (underwriting the loan, funding the loan, or managing the investment). Failure to provide such data may result in us being unable to provide the requested service.

  • Consent: We will rely on your consent in situations where we are required to obtain consent by law or where we choose to do so. For instance, we seek your consent before sending you marketing communications via email or SMS (when law requires “opt-in”), or before processing sensitive personal data in a manner that is not strictly necessary for our services. If we rely on consent, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect the lawfulness of processing that occurred prior to withdrawal. (Example: if you consent to receive marketing texts, you can later opt out, and we will stop future texts.)

  • Legitimate Interests: We process certain information based on our legitimate interests, provided that such processing is not overridden by your data protection rights. Our legitimate interests include, for example, improving and securing our services, preventing fraud, protecting our legal rights, and communicating with our customers. When we rely on this basis, we carefully consider and balance our interests against your privacy rights. For instance, using analytics cookies to improve website performance is a legitimate interest, and we balance it by respecting opt-outs. Another example is sharing minimal necessary information with our affiliates for administrative efficiency – this may be in our interest to streamline operations, but we ensure it doesn’t unduly infringe on your privacy. You have the right to object to processing based on legitimate interests (see “User Rights and Choices” above). If you object, we will re-assess our processing and either cease the activity or explain why we believe our legitimate interest overrides your objection (when permitted by law).

  • Legal Obligation: We process personal data when necessary to comply with a legal obligation to which we are subject. This includes processing for compliance with applicable laws, regulations, court orders, or enforcement actions. Examples: retaining transaction records for legally mandated periods, reporting certain information to government authorities (like tax-related reporting, or compliance with anti-money laundering regulations), and responding to official investigations or legal processes. In these cases, the law provides the basis for processing, and we limit the data processed to what is legally required.

  • Public Interest: In very rare cases, we might process data if it is necessary for a task carried out in the public interest, such as cooperating with public health authorities or law enforcement in an emergency. However, as a private company, this basis is seldom applicable to our usual activities and would only be used if relevant under the law.

For individuals protected by GDPR or similar laws, we will identify the specific legal basis for processing your personal data at the time of collection or upon request. If you have questions about the legal basis of how we process your personal information, contact us and we will provide clarification.

For U.S. residents under laws like the California Consumer Privacy Act (CCPA) (as amended by the CPRA) and other state laws: technically, CCPA uses the concept of “business purpose” and “commercial purpose” rather than GDPR-style legal bases. Under CCPA, we want to clarify that: (a) we collect and use personal information for the business purposes outlined in this Policy (such as providing services, maintaining accounts, detecting security incidents, processing payments, and other internal operations); (b) we do not collect additional categories of personal information or use the collected information for materially different purposes without providing notice; and (c) where applicable, we obtain consent for certain uses (for example, for using sensitive personal information like Social Security numbers strictly for the services and not for secondary purposes, in line with CPRA’s provisions). We treat the fulfillment of our services as the primary “purpose” for collecting personal info, and any secondary uses (like marketing) are done only with appropriate notice and choice.

Additionally, under CCPA/CPRA, we classify the categories of personal information we handle (identifiers, financial info, internet activity, etc.) and have detailed those categories in Information We Collect. We have also explained our “business purposes” for processing (in How We Use Your Information). If you need a cross-reference of CCPA categories to our practices, we can provide that on request (e.g., “Identifiers – collected from you for the purpose of contacting you; shared with service providers like our email provider; not sold or shared except as described.”).

In summary, we are committed to transparency about why we collect your information and ensuring that we have a lawful basis for all processing. If any question arises about our legal justification for certain data practices, we will be happy to explain or provide additional documentation as needed.

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Devency Capital’s online presence may include blogs, testimonials, or social media pages where we share industry insights or success stories. Occasionally, we might allow users to comment on blog posts or engage with us on platforms like LinkedIn, Facebook, or other forums. Please be aware that any information you choose to post in a public forum or on a social media page is not protected by this Privacy Policy. If you voluntarily disclose personal information in a public area of our site or on our social media pages (for example, posting a comment on a blog article or a Facebook post), that information can be read, collected, and used by others who access those forums. We encourage you to exercise caution when sharing personal details in any public or community forum.

If we host any user-generated content features on our own website (such as a testimonials section where users can submit comments or an interactive Q&A forum), the content you provide in those submissions may be displayed publicly along with your name or username. We will ask for your consent before publishing a personal testimonial or endorsement that includes identifiable information like your full name or image. Even with consent, you should understand that what you post will be visible to others. Avoid posting anything you wouldn’t want to be public, especially sensitive personal or financial information.

We reserve the right to monitor, moderate, and remove any user-generated content that is not in line with our community guidelines or terms of use. This might include removing personal information to protect privacy, deleting inappropriate or offensive posts, or disabling commenting features if necessary. However, we are not responsible for personal information you disclose yourself in public postings, and we may not be able to remove content that has been shared or cached by others (for example, if a third party has re-posted or if a search engine has indexed the page).

If you have posted personal information in a public area of our site that you would like removed, you can contact us with your request. We will do our best to accommodate such requests, but complete removal from the internet cannot be guaranteed (for instance, we cannot remove reposts by others on external sites). For California minors under 18: If you have posted content on our site and wish it removed, California law (Cal. Bus. & Prof. Code § 22581) allows you to request and obtain removal of that content, subject to certain exceptions. While our services are not directed to minors, if such a situation arises, we will comply with the law.

In summary, please use caution and good judgment when posting in public forums associated with Devency Capital. Your privacy is important to us, but we need your cooperation in keeping any forums or social media interactions safe and respectful for all participants.

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We may update or revise this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. When we make changes to the Policy, we will post the updated Policy on our website with a new “Effective Date” indicated at the top. Any updated Privacy Policy will be effective immediately upon posting (unless a later date is specified upon posting).

Notification of Material Changes: If we make any material (significant) changes to how we collect, use, or share your personal information, we will take additional steps to notify you. This may include, for example, posting a prominent notice of the changes on our website’s homepage or privacy policy landing page, and/or directly notifying you via email or through your account (if you have one with us), prior to such changes taking effect. We define “material changes” as those that a reasonable person would consider important – for instance, if we started collecting new categories of personal information, started using data for entirely new purposes not originally disclosed, or intended to begin selling personal data (which we currently do not do). Minor changes, such as clarifications or grammatical corrections, will typically just be updated on the site without direct notice, as they do not affect the substance of your privacy rights.

We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information. Your continued use of our website or services after any changes to this Policy have been posted will be deemed acceptance of those changes, except in cases where your explicit consent is required. If we are required by law to obtain your consent for any new processing (for example, if a change enables a new use of data that requires consent under GDPR or other laws), we will do so.

If you have any questions about the changes in a new version of the Policy, or if you do not agree with a change, you should contact us (see Contact Information below) and/or consider stopping use of our services. However, we want to assure you that we will not make retroactive changes to how we handle previously collected personal information without your consent, unless required by law. Any changes will prospective (going forward) and will not alter our commitment to safeguarding the privacy of information collected under earlier versions of the Policy.

We maintain archives of previous versions of this Privacy Policy for compliance and record-keeping purposes. You may request a copy of past versions by contacting us. We will provide a summary of changes or the full prior version as needed, so you can see how our practices have evolved.

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If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please do not hesitate to contact us. We are here to address your inquiries and support you in exercising your privacy rights.

Devency Capital, LLC
Address: 1314 Central Ave S, Suite 203, Kent, WA 98032, USA
Email: info@devencycapital.com
Phone: 206-806-7935 (during our business hours)

When contacting us with a privacy-related request, please provide your name and contact information, and clearly describe your question or request. If you are making a request to exercise a specific privacy right (such as accessing or deleting your data), please state the request and the context (for example, “I am a California resident requesting access to my personal information on file”). We may need to verify your identity for certain requests, as described in “User Rights and Choices.”

We will respond to legitimate inquiries as promptly as possible, generally within 30 days or the timeframe required by applicable law. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, and you are in a jurisdiction that provides independent recourse, you may also contact your local data protection authority or regulatory agency. For example, Washington state residents can reach out to the Washington State Attorney General’s Office for consumer protection issues, and California residents can contact the California Attorney General’s Office or the California Privacy Protection Agency for CCPA-related concerns. EU/UK individuals can contact their country’s Data Protection Authority.

Your trust is important to us. Devency Capital is dedicated to safeguarding your personal information and privacy preferences. We appreciate the opportunity to serve you and address any questions about how we protect and use your data.

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