SWEETPAY PRIVACY POLICY
PLEASE READ THIS PRIVACY POLICY CAREFULLY. THIS POLICY, WHICH INCLUDES THE SWEETPAY PRIVACY NOTICE FOR CALIFORNIA RESIDENTS AT EXHIBIT A, DESCRIBES THE WAYS SweetPay LLC and its affiliate corporations (“SweetPay”, “we”, “us”, “our”) OR OUR VENDORS COLLECT, PROTECT, USE AND STORE YOUR PERSONAL INFORMATION. YOU ACCEPT THIS PRIVACY POLICY BY USING OUR PRODUCTS AND SERVICES ON OUR WEB PROPERTIES, INCLUDING OUR WEBSITES (“WEB PROPERTIES”) OR THROUGH ANY OTHER MEANS (COLLECTIVELY, “OUR SERVICES”). This privacy policy will notify you of the following:
1. What is “personally identifiable” information.
2. How we collect, use and disclose “personally identifiable” information.
3. What choices are available to you regarding the use of your data.
4. How you can correct any inaccuracies in the information.
5. The security procedures we have in place to protect the misuse of your information.
Personally Identifiable Information, Definition
“Personally Identifiable Information” is any information collected through our Web Properties that is reasonably likely to identify a specific, unique individual. Personally Identifiable Information collected through our Web Properties may include, but not be limited to, an individual’s name, address, e-mail
address, income, financial and banking information (including banking account information and payment card data), Social Security number, telephone number and date of birth.
Important Information Regarding Use of our Web Properties
SweetPay and the lenders participating in our financing programs (“Lender Partners”) each own the information we collect on our Web Properties. Our Web Properties contain links to other websites. We do not control and are not responsible for the content, security, and privacy practices of such websites.
Our Web Properties are intended for visitors located in the United States. Our Web Properties are governed solely by the federal and state laws in the United States. Information submitted to our Web Properties is housed on servers located in the United States.
By using our Web Properties, you agree to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not use our Web Properties. Furthermore, by using our Web Properties, you agree to the application of United States law and consent to the use and disclosure of your information consistent with this Privacy Policy.
Information Collected on our Web Properties
We collect Personally Identifiable Information at various times when you use our Web Properties. Some of the places where we collect such information include the following:
o Your applications and transactions with Our Services;
o Requests for pre-qualification for credit; and
o Emails, contact forms, questionnaires, and other forms you submit to us;
Use of Information Collected on our Web Properties
We may use your Personally Identifiable Information for the following purposes: o In connection Our Services;
o To process transactions you request;
o To assess your creditworthiness when you apply for credit or to pre-qualify you for credit;
o To communicate with you about Our Services or your use of our Web Properties; o To advise you of promotions, sales, or other special opportunities;
o To market goods or services offered by:
▪ Our Lender Partner or their affiliates;
▪ merchants utilizing Our Services; or
▪ other unaffiliated third-parties;
o To comply with the law, regulatory requirements, legal subpoena or other litigation process, or to enforce our Terms of Use;
o As directed or authorized by you; or
o As permitted by law.
We may use non-Personally Identifiable Information, including, but not limited to, aggregate or anonymized information for any purpose consistent with law.
Disclosure of Personally Identifiable Information to Third-Parties
By accessing our Web Properties, you authorize us to disclose your Personally Identifiable Information to affiliated and unaffiliated third-parties as follows:
o To companies in our corporate group;
o To third parties, including our Lender Partners, loan servicers, financial services providers (such as credit bureaus), companies with which we have joint marking agreements, merchants and retailers, companies that help market our products, and non-profit organizations;
o To selected businesses, such as debt counselors, so they can market products and services to you;
o As necessary to comply with the law, regulatory requirements legal subpoena or other litigation process, or to enforce our Terms of Use;
o As directed or authorized by you; or
o As permitted by law.
Personally Identifiable Information of Children
We do not knowingly solicit or collect Personally Identifiable Information about children under the age of 18. Our Web Properties is not designed for or directed to children under the age of 18. If we become aware that a child under the age of 18 has provided Personally Identifiable Information to us, we will delete the information from our records. If you become aware of any Personally Identifiable Information we collected from children under 18, please contact us at dbright@sweetwaypay.com.
Your Access to and Control Over Information
At SweetPay, you have control over your information. You can do the following at any time by contacting us via the email address or phone number given on our Web Properties.
• Opt-out of any or all of Our Services using your data
• Find out what data we have about you, if any
• Change/correct any data we have about you
• Have us delete any data we have about you
• Express any concern you have about our use of your data
Tracking Technologies
SweetPay and our Lender Partners may use cookies, beacons, JavaScript, and other technologies to determine the effectiveness of our advertising and marketing on www.sweetwaytopay.com, and to develop content and/or offers to better serve our customers. These tracking tools may be anonymous or encrypted, and in most cases do not contain your name, address, telephone number, or email address. We may use these technologies to individually identify your interaction with our emails, including your opening of emails and reading content linked to in the emails. We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to this site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to your personal information on our site. Some of our business partners may use cookies on our site (for example, participating retailers). However, we have no access to or control over these cookies.
Safeguarding of Information
We take precautions to secure and protect your information. When you submit your personal information via our Web Properties, your information is protected both online and offline.
Wherever we collect your personal information, that information is transmitted to/from us in a secure manner using encryption technology. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. We will never store your social security number or make available to SweetPay personnel. It is transferred securely to our Lender Partners who will use it along with your other personal information.
Only employees of SweetPay who need the information to perform Our Services on your behalf will have access to your personal information. We use the services of Amazon Web Services (“AWS”) to store your personal information. AWS is used by some of the largest organizations in the world and is a highly secure datacenter.
Although we work to protect your Personally Identifiable Information, you should be aware that no technology is perfect and that there is always some risk involved in transferring data over the Internet, particularly if you send information to us through an unsecured means, such as email.
If you feel that we are not abiding by this Privacy Policy, you should contact us immediately via telephone (434) 422-4699.
Changes and Revisions to this Privacy Policy
By accessing our Web Properties, you acknowledge that we have the right to revise and amend this Privacy Policy. We will post any changes to this Privacy Policy here so that you will always be aware of our privacy practices. Please refer back to this Privacy Policy regularly. Your continued use of our Web Properties following our posting of any such changes will mean that you accept such changes.
Updated: May 18, 2020
Exhibit A
SweetPay Privacy Notice for California Residents
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of SweetPay, LLC (“SweetPay”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”) when you visit the SweetPay website or receive SweetPay services (collectively, our “Services”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information, for ourselves and on behalf of our lender partners, that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Category A – Identifiers
Examples: Name, postal address, Internet Protocol address, email address, Social Security number, driver’s license number or other similar identifiers.
• Category B – Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Examples: Name, signature, Social Security number, address, telephone number, fax number, driver’s license or state identification card number, employment, bank account number, credit card number, debit card number, or any other financial information.
• Category C – Protected classification characteristics under California or federal law Examples: Age, ethnicity, citizenship, religion or creed, marital status, physical illness, mental illness or disabilities, gender, veteran status.
• Category D – Commercial information
Examples: Records of personal property.
• Category F – Internet or other similar network activity
Examples: Access history and information on your interaction with our application.
• Category I – Professional or employment-related information
Examples: Occupation, employer information.
• Category J – Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
Examples: Education level, school attended.
We obtain the categories of personal information listed above from the following categories of sources:
• Directly from the lenders on our platform (“our lender partners”) or their agents. For example, from information our lender partners provide to us related to the Services for which they engage us.
• Directly from you. For example, through information we ask from you when our lender partners or their agents engage our Services.
• Directly and indirectly from you when using our Services or visiting our website. Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
• To fulfill or meet the reason for which the information is provided. For example, to submit this information to our lender partners or their agents in the form of a loan application. • To provide you with email alerts and other notices concerning our Services. • To provide email alerts and other notices concerning our Services to a merchant or third party assisting you.
• To improve our Services to you.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our lender partners or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category C: Protected classification characteristics under California or federal law. • Category D: Commercial information.
• Category F: Internet or other similar network activity.
• Category I: Professional or employment-related information.
• Category J: Non-public education information.
We disclose your personal information for a business purpose to the following categories of third parties:
• Our lender partners or their agents for which you have engaged in a business contract. • Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with our Services.
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
• The categories of personal information we collected about you.
• Our business or commercial purpose for collecting that personal information. • The categories of third parties with whom we share that personal information. • The specific pieces of personal information we collected about you (also called a data portability request).
Deletion Request Rights
You have the right to request that we delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality. 4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by email at dbright@sweetwaypay.com.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to the registered email associated with the account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to
provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you use of our Services.
• Provide you a different level or quality of Services.
Changes to Our Privacy Notice
We reserve the right to amend this Privacy Notice at our discretion and at any time. The date this Privacy Notice was last updated is identified at the bottom of this page. You are responsible for periodically visiting the SweetPay website and this Privacy Notice to check for any changes. Contact Information
If you have any questions or comments about this Privacy Notice, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, you may contact us via email at dbright@sweetwaypay.com.
Updated: May 20, 2020