Privacy Policy

1. Who we are and what this policy covers

TESS Systems, Inc., doing business as TESS Escrow Software (“TESS,” “we,” “us,” or “our”) provides escrow software and related setup and support services to escrow companies, real estate brokerages operating in-house escrow divisions, and mortgage companies. Our principal place of business is 615 Las Tunas Dr. Suite M, Arcadia, CA 91007.

This Privacy Policy explains how we collect, use, disclose, and protect personal information in connection with our website at tessescrow.com and our TESS Core software platform (together, the “Services”).

2. Two roles: our website vs. the TESS Core platform

It is important to distinguish between two different categories of information, because our responsibilities differ for each.

Information we control

When you visit tessescrow.com, submit an inquiry form, email us, or call us, we act as the business that determines how that information is used. This policy governs that information directly.

Customer escrow data we process on our customers’ behalf

When a licensed escrow company, brokerage, or mortgage company uses TESS Core, that customer — not TESS — determines what information is entered into the platform and how it is used. With respect to escrow file data, including information about buyers, sellers, borrowers, and other transaction parties, TESS acts as a service provider (and, where applicable, a service provider under the CCPA/CPRA and a service provider to a financial institution under the Gramm-Leach-Bliley Act). We process that information only as directed by our customer and under our written agreement with them.

If you are a consumer party to a real estate transaction and have questions about your information, please contact the escrow company, brokerage, or lender handling your transaction. They are the appropriate party to address requests about their escrow files.

3. Information we collect

Information you provide to us

• Inquiry and demo requests. Name, business email address, company name, job role, company type, and optionally phone number, approximate monthly transaction volume, current escrow system, areas of interest, and any notes you choose to include.
• Communications. Information contained in emails, phone calls, support requests, and other correspondence with us.
• Customer account information. If your organization becomes a TESS customer, business contact details, user account credentials, and billing information such as billing contact, billing address, and invoice history. Where payment is processed by a third-party payment processor, that processor handles payment card or bank account details directly, and TESS does not store full payment card numbers.

Information collected automatically

• Server log information. Our hosting provider records standard technical information when you visit the website, which may include IP address, browser type, device type, referring page, pages viewed, and the date and time of access. This information is used to operate and secure the website.
• Platform activity records. Within TESS Core, the platform records user activity such as sign-in events and actions taken on a file. These records support security, troubleshooting, and the audit trail our customers rely on.

Information we do not seek from website visitors

We do not ask website visitors to submit Social Security numbers, financial account numbers, or other sensitive personal information through our website forms, and we ask that you not include such information in inquiry messages.

4. How we use information

We use information we control for the following purposes:

• To respond to inquiries, schedule demonstrations, and communicate with prospective and current customers;
• To provide, maintain, support, and improve the Services;
• To administer customer accounts, including onboarding, training, and billing;
• To send service-related communications, such as security notices, changes to terms, and operational updates;
• To send communications about TESS products, services, and events, where permitted by law and subject to your right to opt out at any time using the unsubscribe mechanism in the message or by contacting us;
• To maintain the security and integrity of our systems and to detect, prevent, and respond to fraud or misuse;
• To comply with legal obligations and to establish, exercise, or defend legal claims.

We do not sell personal information, and we do not share personal information for cross-context behavioral advertising as those terms are defined under California law.

5. How we share information

We disclose personal information only as described below:

• Service providers. To vendors who perform services on our behalf, under contracts that limit their use of the information to providing those services. See Section 6.
• Within your organization. To administrators and authorized users of your organization’s TESS account.
• Legal and safety. Where required by law, subpoena, court order, or regulatory authority, including examinations or inquiries by the California Department of Financial Protection and Innovation or the California Department of Real Estate directed to our customers, or where necessary to protect our rights, users, or the public.
• Business transfers. In connection with a merger, acquisition, financing, or sale of assets, subject to the receiving party honoring commitments in this policy.
• With your direction. At your request or with your consent.

6. Service providers and subprocessors

We rely on the following categories of service providers. We maintain a current list and update it as our vendors change.

Category	Purpose
Cloud hosting and infrastructure	Hosting the TESS Core application and associated data
Website hosting	Serving tessescrow.com
Website form processing	Delivering website inquiry submissions to us
Business email and productivity	Email, calendaring, and document handling
Web font delivery	Serving typefaces used on tessescrow.com. The font provider receives your IP address as part of that request.
Payment processing	Billing and invoicing, where a third-party processor is used

Customers who require a current, named subprocessor list may request one by contacting us at the address in Section 14.

7. Financial privacy: GLBA and California law

Our customers include DFPI-licensed independent escrow companies, real estate brokerages operating in-house escrow divisions under the Department of Real Estate, and mortgage companies. In serving these customers, TESS may process nonpublic personal information (“NPPI”) as a service provider to financial institutions.

Where TESS processes NPPI on behalf of a customer, we do so only as permitted by our agreement with that customer and applicable law, including the Gramm-Leach-Bliley Act and its implementing regulations, and the California Financial Information Privacy Act. We do not use NPPI for our own marketing purposes, and we do not disclose NPPI except as directed by the customer or as required by law.

TESS provides software and operational support. TESS does not act as an escrow agent, does not hold or disburse trust funds, and does not provide legal or compliance advice. Responsibility for regulatory compliance, including trust account handling and examination readiness, remains with the licensed customer.

8. Your California privacy rights (CCPA/CPRA)

If you are a California resident, you may have the following rights with respect to personal information we control:

• Right to know what personal information we have collected, the sources, the purposes, and the categories of recipients;
• Right to delete personal information we have collected, subject to legal exceptions;
• Right to correct inaccurate personal information;
• Right to opt out of the sale or sharing of personal information. As stated above, we do not sell or share personal information as those terms are defined by California law;
• Right to limit the use of sensitive personal information;
• Right to non-discrimination for exercising these rights.

To exercise these rights, contact us using the details in Section 14. We will verify your request before responding, which may require confirming information you have previously provided to us. You may use an authorized agent, subject to verification.

Requests concerning escrow file data held within a customer’s TESS Core account should be directed to that customer, who determines how that information is used. We will assist our customers in responding to such requests as required by our agreements and applicable law.

Note that certain information subject to the Gramm-Leach-Bliley Act or the California Financial Information Privacy Act may be exempt from CCPA/CPRA requirements.

9. Data retention

We retain personal information for as long as necessary to fulfill the purposes described in this policy, to comply with our legal and contractual obligations, and to resolve disputes.

Our general practice is as follows:

• Website inquiries. Retained for up to twenty-four (24) months from your last contact with us, unless you ask us to delete them sooner or your organization becomes a customer.
• Customer account records. Retained for the duration of the subscription and for a reasonable period afterward for accounting, tax, and legal purposes.
• Customer Data within TESS Core. On termination, made available for export for thirty (30) days, then deleted from active systems within ninety (90) days, subject to residual copies in routine backups until those backups expire in the ordinary course, and subject to any retention required by law or by written agreement.
• Server logs. Retained for a limited period for security and troubleshooting purposes.

Escrow companies, brokerages, and mortgage companies are subject to their own record-retention obligations under California and federal law. You are responsible for exporting and preserving records you are required to keep. TESS is not a system of record for your regulatory recordkeeping obligations.

10. Security

We maintain administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, and destruction. Our program includes encryption of data in transit and at rest, role-based access controls applied on a least-privilege basis, multi-factor authentication for administrative access, activity logging, secured and monitored cloud infrastructure, and periodic review of our security practices.

Access to Customer Data by TESS personnel is limited to those who need it to provide support or maintain the Services, and is subject to confidentiality obligations.

No method of transmission or storage is completely secure, and we cannot guarantee absolute security. If we become aware of a security incident affecting personal information, we will notify affected parties as required by applicable law, including California’s breach notification statute.

11. Cookies and analytics

The tessescrow.com marketing website does not use analytics cookies, advertising cookies, or third-party tracking pixels. We do not track visitors across other websites, and we do not participate in cross-context behavioral advertising.

The website loads typefaces from a third-party web font service. As part of delivering those fonts, that service receives your IP address. No cookie is set by TESS for advertising or analytics purposes.

The TESS Core platform uses cookies and similar technologies that are strictly necessary to operate the service, such as maintaining an authenticated session and protecting against unauthorized access. These cannot be disabled without preventing the platform from functioning.

If we introduce analytics or other non-essential technologies in the future, we will update this section and provide any notice or choice required by law.

12. Children’s privacy

The Services are intended for business use by professionals and are not directed to children. We do not knowingly collect personal information from anyone under 16. If you believe a child has provided us with personal information, please contact us and we will take appropriate steps to delete it.

13. Changes to this policy

We may update this Privacy Policy from time to time. When we do, we will revise the “Last updated” date above. If we make material changes, we will provide additional notice as required by law or by our agreements with customers. We encourage you to review this policy periodically.

14. Contact us

If you have questions about this Privacy Policy or wish to exercise a privacy right, contact us:

TESS Systems, Inc. dba TESS Escrow Software
615 Las Tunas Dr. Suite M
Arcadia, CA 91007
(424) 274-2773
sales@tessescrow.com

To submit a privacy request, you may use either of the following methods:

• Email sales@tessescrow.com with “Privacy Request” in the subject line
• Call (424) 274-2773

We will acknowledge requests within ten (10) business days and respond substantively within forty-five (45) days, which may be extended by an additional forty-five (45) days where reasonably necessary, with notice to you.