"Access Information" means any or all of the following information: your Account number, user name, password and any other security or access information to your Account.
"Account" means an active or inactive Lendmark Loan Agreement and its payment history, outstanding balance and other information, whether the Loan Agreement is solely in your name or if there are other persons or entities on the same loan with you.
"Account Holder" means any person(s) or entity who is singularly or jointly responsible for the obligations on the Account.
“Content” means any text, image or other material that appears on this website as part of the Service.
“Loan Agreement” means the promissory note or retail installment sales contract and security agreement and other documentation related to a loan that we have made to you.
"Online Services" means services offered by us through this website or any future digital distribution platforms (such as a website, software program or mobile application) or other forms of media not yet developed that are available to Account Holders.
A. Services That We Provide. You may use the Service to learn about product and service offers that we may make available on the website and to link to our Online Customer Portal or Mobile Application where you can create online access to your Account. You can also use the Service to obtain information about your Account or to make payments on your Account. By offering information, products or services through the Service, no solicitation is made by us to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by applicable law.
B. Links to Third-Party Websites. This website links to a third-party Internet Website that is integrated with or presented on this website in order to support online payments to your Account. Please be advised that the third-party site is independent of this website, and that we exercise no control over the content or services of that site. This website does not link to any other third-party website.
D. Online Payments
Regardless of the payment amount or payment effective date you schedule using Online Payment, you are responsible for complying with all of the terms and conditions of your Account, including, without limitation, your agreement to make all payments when due and in the amount required by your Loan Agreement. When using Online Payment, you should schedule your payment in amounts and with an effective date that will satisfy your payment obligations. If you do not make a payment when due and in the amount required, we will have the rights and remedies available under your Loan Agreement or as otherwise available to us at law or in equity.
Online Payment Fees. While we do not currently charge any payment transaction fee to use Online Payment, our third-party payment processor may charge you a fee to accept your payment. We do not receive any portion of the fee that the third-party payment processor may charge you. More information about the applicable fee can be found when you click on the link to the Online Payment processor's website. In addition, you will be responsible for paying any amount you may owe other persons or companies related to the use of Online Payment or any bank account linked to Online Payment. For example, your bank may charge a fee in connection with electronic payments taken from your account with them for your Account with us.
Nothing herein relieves you of your responsibility to pay any amount, fee or charge you may owe us under your Account.
E. Failure to Effect Payment and Liability for Such Payments. If you attempt to make payments on your Account through this website, or through an authorized third party acting on our behalf we will use reasonable efforts to complete bill payments according to your instructions. However, neither we nor any third-party service provider acting on our behalf will be liable in any way (including, but not limited to, payment processing errors or fees) if:
Through no fault of ours or our authorized third party, you have insufficient funds or credit in your bank account to complete a payment transaction, or if your bank account has been closed;
The Online Payment feature is not working properly and you knew or were told about the malfunction before you started the transaction, or should have reasonably been able to tell that something was wrong;
You do not provide us with complete, accurate, and current payment and contact information, or if you otherwise do not give complete, correct, and current information to properly complete the requested transaction;
You do not authorize a bill payment in time for your payment to be made and credited to the Account by the due date;
Withdrawals from your bank account have been prohibited by an order from a court of proper jurisdiction for such things as a garnishment or other legal process;
We or our authorized agent reasonably believe that a transaction may be unauthorized or fraudulent;
Your computer, mobile phone, wireless service or any related equipment or software is, or was, not working properly;
Circumstances beyond our, or our authorized third party's control prevent completing an online bill payment including, but not limited to, telecommunication outages, postal strikes and other labor unrest, delays caused by payees, fires, floods, and other natural disasters, terrorist acts or war.
C. We reserve the right at any time, with or without notice, to remove or require a change to or repossess any password and/or User ID that has been provided to you, any avatar you may be using or other Registration Information, or otherwise change the access means or methods for the Service.
D. You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information. You may not access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
E. You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions that are initiated by use of your Registration Information.
You understand and agree that various entities unaffiliated with us make up the "mobile ecosystem" that enables you to access, visit and/or use the Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of Content for use with the Service (collectively, the "Mobile Participants"). We do not represent, warrant or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. Standard data rates may apply.
A. The communications between you and us usually use electronic means, whether you access, visit or use the Service, send us messages, or whether we post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.
B. You understand and agree that joining the Service may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.
B. What to Do if You Have a Complaint About the Service and the Content
If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By Email: email@example.com (Please include “Notice of Infringement” in the subject line.) By Mail: Copyright Manager, Lendmark Financial Services, LLC, 2118 Usher Street, Covington, GA 30014. Note: The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as privacy or product-related questions and requests will not receive a response through this process.
CyberCrime: If you have reason to believe you may be the victim of an online crime, such as identity theft, fraud, infringement, or hacking, you may contact the Internet Crime Complaint Center, at www.ic3.gov, a partnership between the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA).
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES).
A. Use of the Service by You:
The Service is not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from registering for the Service or submitting their personally identifiable information to us, and from using portions of the Service for which registration is required.
You shall ensure that all equipment, hardware, software, products and/or services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others' access, visitation and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware, software, product and/or services causing interference with us, our licensors, vendors, service providers, the Service or any Content.
If you provide to us the number for a mobile or other device, or we obtain the device identifier for a device you are using, you agree, represent, warrant, and guarantee that such device is registered in your name and owned by you, or that you have permission of the device owner(s).
Unless otherwise specified, the Service is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Service resides or is accessible.
B. Prohibitions on Use of the Service:
Absent explicit prior written consent in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:
use any bots, cheats, macros, scripts, or run Maillist, Listserv or any form of auto-responder, or use any other automated process, or engage in meta-searching or periodic caching of information, to access, visit and/or use the Service, including without limitation to post, upload, transmit, send, or make available other Content on or through the Service;
copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;
copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act or other law or as expressly permitted in writing by us;
copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Service, including by an automated or manual process or otherwise, if we have taken steps to forbid, prohibit, or prevent you from doing so;
copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;
access, other than connecting to our servers by http requests using a browser, or disrupt, overwhelm, attack, hack, destroy, damage, disable, impair, alter, monitor, tamper or interfere with, the Service including without limitation any Content, communications, messaging, programming, hardware, functionality, or features on our networks, servers or databases, or impede or interfere with others' access, visitation, and/or use of the Service, in any way or by any means, whether remotely or by access to our personal property, premises, or otherwise, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise; or
post, upload, transmit, send or otherwise make available on or through the Service any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.
CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
D. Disclaimer of Warranty and Limitation of Liability:
CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE SERVICE MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THIS AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
WE AND OUR INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE, INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED, ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER, INSUFFICIENT SPACE ON USER'S COMPUTER, MOBILE OR OTHER DEVICE OR ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.
E. Termination or Suspension of the Service:
We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Service, your account/profile, your ability to access, visit and/or use the Service or any portion thereof, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice. In the event of any termination or discontinuation of your Account, your ability to access, visit and/or use the Service or any portion thereof, we reserve the right, in addition to our other remedies, to reassign, and/or allow another user to use, your password and/or User ID.
F. Disputes and Jurisdiction:
The Service is based in the United States. It is not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty or guarantee that the Service is appropriate, available, or legal in any particular geographic location.
A. Collection and Use of Information
We collect personal information that you provide to us directly through electronic mail, electronic website forms, and other electronic means. "Personal Information" means information that can specifically identify you, such as your name, phone number, address, email address, date of birth, account number, employment history, income information and other financial information about you, Social Security number, driver's license number, or other identification document.
In addition to the information you provide to us directly, we may automatically collect information about you when you use the Service:
Log file information. Log file information is automatically reported by your browser each time you access the Service. When you access the Service, our servers may automatically record certain log file information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, operating system, platform type, the state or country from which you accessed the website, software and hardware attributes (including Device ID), referring / exit pages and URLs, number of clicks and how you interact with links on the website, domain names, landing pages, pages viewed and the order of those pages, the data and time you visited the website and uploaded or posted content, error logs, files you download, and other such information.
Location information. When you visit the Service, we may automatically collect general location information (e.g., IP address, city/state and or zip code associated with an IP address) from your computer or mobile device. Please note that if you disable such features, you may not be able to access or receive some or all of the services, content, features and/or products made available via the Service.
We may collect information about you from third parties. This information may include credit reports from national consumer reporting agencies.
We may use the Personal Information that we collect to:
Register you with the Service and to create an Account;
Provide you with products or services;
Administer loan accounts;
Provide you with customer service, dispute resolution, or other troubleshooting;
Communicate with you;
Provide you with service updates;
Provide you with marketing and surveys;
Provide you with information you requested regarding our products or services or other questions;
Verify your identity and reduce credit risk;
Detect and prevent fraud, violations of our legal agreements, and illegal activity;
Comply with legal or regulatory requirements and other purposes;
Make business decisions;
Recover debt and collections; and
Fulfill other technical, logistical, financial, tax, legal, compliance, administrative, or back-office functions.
Updating Your Personal Information
Keeping your account information up-to-date is important. You may review or update certain account information by calling us at 833-239-3537, by calling us or visiting us in person at one of our branches or by using the contact information listed on your billing statements or other documents we send to you.
B. Google Analytics, Cookies, Web Beacons, and Logs
We may use session cookies or persistent cookies. Session cookies are temporary and are deleted after you close your device’s browser or application. Session cookies do not collect personally identifying information from your device. Among other uses, session cookies allow us to deliver content specific to your interests and to improve navigation of the Service. We use persistent cookies for customer protection, as part of our authentication technology. Persistent cookies assist in verifying the identity of a customer who is attempting to log in to an account.
Web beacons are objects embedded into Web pages and your device that allow a website or application to count users and determine how long users view Web pages or applications. We use Web beacons for site traffic reporting, unique visitor counts, auditing and reporting, personalization, and other functions.
Log information may include Web requests, domain name and host, Internet Protocol address, your Internet service provider, referring website, operating system, browser type, browser language, date and time of your request, and cookies that may uniquely identify your browser. We use this information to enhance the functionality of the website and to make your access more convenient, secure, and efficient. We may also use this information to develop group profiles of its website visitors, to assist with systems administration, to resolve problems, and to prevent fraud.
You may stop your browser or device from accepting cookies or Web beacons. The Help portion of your browser should explain how to configure your browser's cookie handling. Your browser may have add-ons that may help you block Web beacons. You may have limited functionality if you block cookies or Web beacons set by the Service.
We are unable to respond to Do-Not-Track signals or similar tools and settings at this time due to the limits of current Internet technology, standards and solutions.
D. Disclosure and Sharing of Personal Information
We disclose Personal Information to our affiliated companies, individuals, and third parties that perform services and functions on its behalf under confidentiality agreements. These entities include, but are not limited to, financial institutions; auditors; background and credit check organizations; fraud prevention service providers; marketing service providers; database managers; customer service providers and representatives; debt collectors; and others who perform technical, logistical, financial, tax, legal, compliance, or administrative functions on our behalf. They may perform functions including, but not limited to, providing products and services; analyzing data; supplying marketing assistance; providing search results and links; sending postal mail and email; providing background and credit checks; providing fraud checks; providing customer service; supplying marketing assistance; assisting in debt collections; and providing other financial, technical, logistical, tax, legal, compliance, or administrative functions.
In addition, we may disclose Personal Information where:
Required by law, by court rules concerning the production of records, or by an order or requirement of a court, administrative agency, law enforcement authority, or other government entity;
We have reasonable grounds to believe that use or disclosure is necessary to protect the rights, privacy, property, or safety of our users, employees, or others;
We have reasonable grounds to believe that the information relates to the breach of an agreement or violation of the law that has been, is being, or is about to be committed;
It is necessary for fraud protection, risk reduction, or the establishment or collection of funds owed to us;
It is necessary to enforce or to apply our legal agreements, to pursue remedies, or to limit damages to us;
The information is public;
You have provided consent or with your direction; and
Other reasons allow it or other laws require it.
We may share aggregate or statistical data with third parties for public relations or other purposes.
E. How We Store and Protect Your Information
Your information that we collect through the Service may be stored and processed in the United States or any other country in which we or our subsidiaries, affiliates or service providers maintain facilities. We may transfer information that we collect about you, including personal information, to affiliated entities, or to other third-parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
We care about the security of your information, and take technical and organization measures to protect your data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. These measures vary depending on the sensitivity of the information we have collected from you. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is absolutely secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security. We are not responsible for the functionality or security measures of any third-party.
To protect your privacy and security, we take steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from us, at all times. Do not share your password with anyone and do limit your access to your computer or other devices by signing off after you have finished accessing your account.
For information about how to protect yourself against identity theft, please refer to the Federal Trade Commission's website at www.ftc.gov/news-events/media-resources/identity-theft-and-data-security.
F. How Long We Keep Your Information
Following termination or deactivation of your account, we may retain your profile information for an additional period of time for backup, archival, or audit purposes. In certain circumstances, we are required by Federal and State regulations to store various information. In order to comply with those requirements, we may be unable to delete your information from our database until the expiration of the applicable period.
If you have any concerns or questions about any aspect of this policy, please feel free to contact us as follows:
Make sure to include enough information for us to help you, including for example your name, contact information, and the specific website, mobile site, application, and/or other service you're contacting us about.
Last Revised and Effective: March 26, 2021
|FACTS||WHAT DOES LENDMARK FINANCIAL SERVICES DO WITH YOUR PERSONAL INFORMATION?|
|Why?||Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.|
The types of personal information we collect and share depend on the product or service you have with
us. This information can include:
- Social Security number
- account balances and transaction history
- payment history and credit history
|How?||All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Lendmark chooses to share; and whether you can limit this sharing.|
|Reasons we can share your personal information||Does Lendmark share?||Can you limit this sharing?|
|For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus; or, as permitted by law||Yes||No|
|For our marketing purposes— to offer our products and services to you||Yes||No|
|For joint marketing with other financial companies||Yes||No|
|For our affiliates’ everyday business purposes— information about your transactions and experiences||Yes||No|
|For our affiliates’ everyday business purposes— information about your creditworthiness||Yes||Yes|
|For our affiliates to market to you||Yes||Yes|
|For nonaffiliates to market to you||No||We don't share|
|To limit our sharing||
If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice.
However, you can contact us at any time to limit our sharing.
|Who we are|
|Who is providing this notice?||This notice is provided by certain specific companies* in the Lendmark family.|
|What we do|
|How does Lendmark protect my personal information?||
To protect your personal information from unauthorized access and use, we use security measures that comply with
federal law. These measures include computer safeguards and secured files and buildings.
Our employees are bound by our policies and procedures to access consumer information only for legitimate business purposes and to keep information about you confidential.
|How does Lendmark collect my personal information?||
We collect your personal information, for example, when you
- apply for a loan
- open an account or provide account information
- give us your employment history
- give us your income information
- pay us by check
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
|Why can’t I limit all sharing?||
Federal law gives you the right to limit only
- sharing for affiliates’ everyday business purposes—information about your creditworthiness
- affiliates from using your information to market to you
- sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing. [See below for more on your rights under state law.]
|What happens when I limit sharing for an account I hold jointly with someone else?||Your choices will apply to everyone on your account.|
Companies related by common ownership or control. They can be financial and nonfinancial companies.
- Our affiliates include companies with the Lendmark name.
Companies not related by common ownership or control. They can be financial and nonfinancial companies.
- Lendmark does not share with nonaffiliates so they can market to you.
A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
- Our joint marketing partners include financial institutions such as insurance companies and financial product or service marketing companies.
|Other Important Information|
You may have other privacy protections under some state laws. We will comply with applicable state laws as to information about you,
including medical information.
*Accounts with California addresses will be treated as if you opted out of joint marketing arrangements.
*Accounts with Vermont addresses will be treated as if you opted out of sharing information among our affiliates and opted out of joint marketing arrangements.
FOR TEXAS LOAN CUSTOMERS ONLY
Texas Finance Code Notice - For questions or complaints about this loan, contact Lendmark Financial Services, LLC at 1-866-413-8340 or P.O. Box 2969, Covington, GA 30015. The lender is licensed and examined under Texas law by the Office of Consumer Credit Commissioner (OCCC), a state agency. If a complaint or question cannot be resolved by contacting the lender, consumers can contact the OCCC to file a complaint or ask a general credit related question. OCCC address: 2601 N. Lamar Blvd., Austin, TX 78705. Phone: (800) 538-1579. Fax (512) 936-7610. Website: occc.texas.gov. Email: firstname.lastname@example.org.
* Lendmark Companies providing this notice are: Lendmark Financial Services, LLC, Lendmark Financial Services of West Virginia, Inc., Lendmark Mortgage and Finance LLC.
Download the pdf version: Lendmark Privacy Notice (06/2021)
If you choose to apply for a loan through Lendmark Financial Services, LLC or any of its affiliates and subsidiaries (hereinafter collectively referred to as “Lendmark,” “we,” or “us”) we will provide you with certain written disclosures, applications, agreements, notices or information (“Required Documents”) related to your loan transaction with us.
Pursuant to the federal E-SIGN Act and related state laws, Lendmark may, with your consent, allow you to sign and deliver to you any Required Documents electronically. Therefore, you should review the terms of this Consent Agreement for Electronic Signature and Electronic Delivery of Documents (“Agreement”) prior to giving your consent and retain a copy of this Agreement for your records.
If you do not want us to send you Required Documents electronically or you do not want to sign any Required Documents using electronic signature in connection with your transaction with us, you should not agree to the terms of this Agreement.
Your consent to this Agreement does not mean that Lendmark must provide all Required Documents to you electronically. Lendmark may provide you with paper copies of Required Documents as it deems appropriate.
Your consent to this Agreement will apply to the general use of electronic signatures and electronic delivery of Required Documents to all of the transactions you have with us following the date you enter into this Agreement with us until such time that you withdraw consent, as provided herein.
To receive and retain the Required Documents we deliver to you electronically, you must have access to the following equipment:
We will notify you about any significant system requirement changes that may materially impact your ability to access and/or retain any Required Information that is delivered to you electronically.
If you consent to electronic delivery of the Required Documents, you may also request a paper copy of those Required Documents at no additional cost to you by sending us an e-mail at email@example.com.
You may withdraw your consent to this Agreement by sending us an e-mail stating that you would like to withdraw from Lendmark’s Electronic Signature and Records Program at firstname.lastname@example.org. Contacting your servicing Lendmark branch will not be sufficient. We will not charge you any fees for withdrawing consent, however, you will no longer receive any future “Required Documents” electronically. Your request to withdraw consent will become effective after we have had a reasonable amount of time to process your request. Please note that if you separately opt-in for electronic statements by registering for the Lendmark Mobile App or Online Customer Portal and you subsequently wish to receive paper statements, you must opt-out of electronic statements using the opt-out feature within the Lendmark Mobile App or Online Customer Portal. Opting out of electronic statements will not by itself constitute withdrawal of your consent to receive Required Documents electronically.
If you consent to electronic delivery of Required Documents, we will send that information to you at the e-mail address you have provided to us. It is your responsibility for keeping your e-mail address updated. Therefore, if you change your e-mail address you must provide us with the new e-mail address by sending us an e-mail at email@example.com. Contacting your servicing Lendmark branch will not be sufficient.
If you agree, we may contact you by e-mail to process your application, service your account, inform you about our financial products and services or other business purposes.
By clicking on the “I agree” box, you agree to the terms of this Agreement and consent to signing and receiving any Required Documents related to your transaction with us electronically. You further agree and confirm that you have access to the equipment and software outlined in the System Requirements listed above. You also agree that your electronic signature, where required, will have the same force and effect, and will bind you to all the terms and conditions within the “Required Documents” in the same manner and to the same extent as a handwritten signature.
This Application for Credit ("Application") is to Lendmark Financial Services, LLC and its subsidiaries and affiliates (“Lendmark”). I have read this Application and affirm that everything stated in it is true and correct in all respects. In connection with your evaluation and verification of my application, I acknowledge and agree that prior to obtaining a loan with Lendmark you may obtain a Consumer Credit Report from a Credit Reporting Agency. In so doing, you may use my social security number, my address, and other information I give you to help assure that you access the correct information from the Credit Reporting Agency.
Our initial application review process may use a “soft” credit inquiry to determine whether a pre-qualified loan offer is available. The “soft” credit inquiry is only visible to you and does not impact your credit score. If a pre-qualified loan offer is available based on the initial application review and you accept the offer or if we are unable to determine eligibility for a pre-qualified loan offer using a “soft” credit inquiry and you wish to continue with our full application process, we will obtain your credit report using a “hard” inquiry. The “hard” inquiry is visible to you and others who may review your credit and may impact your credit score.
In evaluating my application, you may contact my current or former employers, landlords, creditors, or other businesses and individuals. I agree that you may do so and I agree to sign a written authorization to do so, if you request.
I also consent to receiving phone calls and text messages in connection with this application, and if approved, in connection with my loan account, including phone calls made using an automatic telephone dialing system or an artificial or prerecorded voice message, at any phone number(s) listed on this application or any such phone numbers that I may provide in the future, from Lendmark and its assigns, service providers and agents.
California Disclosure: Married persons may apply for separate accounts.
Ohio Disclosure: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Last Updated: January 25, 2022
We currently collect the categories of personal information listed in the chart below:
|Category of Personal Information||Description|
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, Social Security number, or other similar identifiers.
|Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))||
Examples: A name, signature, Social Security number, address, telephone number, employment, employment history, bank account number, debit card number, or any other financial information. Some personal information included in this category may overlap with other categories.
|Protected classification characteristics under California or federal law||
Examples: Age (40 years or older), or veteran or military status.
|Internet or other similar network activity||
Examples: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Examples: Physical location or movements.
|Professional or employment-related information||
Examples: Current or past job history.
Business or Commercial Purposes: We use the categories of personal information listed above to accomplish the following business and commercial purposes:
Other Processing Activities: As permitted by applicable law, we may use all of the personal information that we collect in order to:
Additional Data Collection and Uses:
We will not collect categories of personal information other than those discussed above without providing a new notice at collection. In addition, we will not use your personal information for any other purpose other than those disclosed above. If we intend to use your personal information for a purpose that was not previously disclosed in the notice at collection, we will directly notify you of the new use and obtain consent from you to use it for the new purpose.
Exclusions from Personal information: Personal information does not include:
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