These Website Terms of Use and Online Privacy Policy govern each website, customer account portal, mobile site, application, and/or other service, to the extent applicable, regardless of how distributed, transmitted, published, or broadcast (collectively, the "Service") provided by Lendmark Financial Services, LLC, its subsidiaries and/or affiliates ("we," "us," or "our") that links to these Terms of Use and Online Privacy Policy, which is binding on all those who access, visit and/or use the Service (collectively, "you" or "your"). Any financial product or service that you may obtain from us through the Service is also subject to our Financial Privacy Policy.
Please read these Terms of Use and Online Privacy Policy carefully. You can access these Terms of Use and Online Privacy Policy any time in the footer of this website's home page or subsequent screens. You can also access these Terms of Use and Online Privacy on the Online Registration Form that provides access to our Online Customer Portal and Mobile Application. Your access, visitation and/or use of the Service, including without limitation any registration on any aspect of the Service, will constitute your agreement to these Terms of Use and Online Privacy Policy. Certain sections of this website, the Online Customer Portal and the Mobile Application may contain separate terms and conditions in addition to these Terms of Use. If there is a conflict between any of their provisions, the additional terms and conditions shall govern. If you do not agree with these Terms of Use and the terms and conditions of and the Online Privacy Policy, you may not access, visit and/or use the Service and you should immediately exit this site.
These Terms of Use and Online Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Terms of Use and Online Privacy Policy. In the event of any conflict or inconsistency between the terms and conditions of these Terms of Use and the Online Privacy Policy and the terms of the Financial Privacy Policy, the terms of the Financial Privacy Policy shall control.
"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.
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.
We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (i) the Terms of Use are between us and you, and the Mobile Participants are not parties to them; (ii) the Mobile Participants and their parents, subsidiaries and affiliates are third party beneficiaries of the Terms of Use and upon your acceptance of the terms and conditions of them, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you; (iii) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant's applicable usage rules; (iv) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (v) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (vi) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and (vii) in the event of any third-party claim that the Service or your possession, access, visitation and/or use of the Service, infringes such third party's intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement and/or discharge of such claim.
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).
You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys' fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, "Claims") which may arise out of or are in any way connected with your access, visitation and/or use of the Service, your Content, unauthorized use of Content obtained on or through the Service, breach or alleged breach of these Terms of Use, or from any of your acts or omissions in connection with 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.
Personal 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 this website:
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:
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.
We collect information related to your use of our websites using cookies, Web beacons, and log information. We use the information gathered from cookies, Web beacons, and logs to monitor website performance; improve website design, functionality, and security; assemble Web analytics and activity trends; and to measure, improve and customize products and services. We may use cookies, Web beacons, and other technologies from third-party service providers to satisfy these functions.
Google Analytics is a tool we use to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, what other sites they used prior to coming to this site, and the IP address of the device used to connect to our site. We use the information we get from Google Analytics only to improve this site. We do not combine the information collected through the use of Google Analytics with any of your personally identifiable information. Although Google Analytics plants a permanent cookie on your device's web browser to identify you as a unique user the next time you visit this site using that same device, the cookie cannot be used by anyone but Google. You can read Google's Privacy Policy to learn how Google uses the data gathered by Google Analytics.
Cookies are small files containing strings of text stored on your computer. We use cookies to authenticate you as a user when you log in, to track your session, to deliver content specific to your preferences and interests, and to provide other functions.
We may use session cookies or persistent cookies. Session cookies are temporary and are deleted after you close your Web browser. Session cookies do not collect personally identifying information from your computer. Among other uses, session cookies allow us to deliver content specific to your interests and to improve website navigation. 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 that allow a website to count users and determine how long users view Web pages. 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 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 this website.
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.
We disclose Personal Information to accomplish the uses, purposes, and sharing outlined in this Online Privacy Policy and the Financial Privacy Policy.
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:
We may share aggregate or statistical data with third parties for public relations or other purposes.
Your information that we collect through the website 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.
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.
Under California Civil Code Section 1798.83 (known as the “Shine the Light Law”), if you are a resident of California, you may request certain information about our disclosure of personal information about you during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the following address: Privacy Policy Manager, 2118 Usher Street, Covington, GA 30014. Alternatively, you may send us an email at: privacy@lendmarkfinancial.com.
If you have any concerns or questions about any aspect of this policy, please feel free to contact us as follows:
By Email: privacy@lendmarkfinancial.com
By Mail: Privacy Policy Manager, 2118 Usher Street, Covington, GA 30014
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.
If you don't agree to the terms contained in the Terms of Use and Online Privacy Policy, you must immediately exit the Service.
Last Revised and Effective: September 6, 2018