Last updated: November 16th, 2022.
It does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or used as part of the Services. If you click on a link and leave our Website, your privacy rights are governed by policies on that website and you agree that we are not otherwise responsible for the actions of that third party.
1. Information We Collect About You and How We Collect It
Information You Provide to Us
If you use the Services, or start an application to use the Services (whether directly through the Company, through a partner, or through a third-party platform) we may collect the following types of information:
Personal information. Your name, date of birth, Social Security number, address, phone, email, third party application identification, employment history, and other similar information as necessary to provide the Services you are using, to verify your identity or, with your consent, to obtain a credit or background check. Personal information may also include videos you upload for purposes of the Services and information related to any drug testing.
Financial information. Bank account numbers and/or credit card payment account numbers that you link to your Company account or give us when you use the Services. We do not store your financial information, it is sent to a third-party processor.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include but are not limited to:
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Your Options About How We Use and Disclose Your Information below.
Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
Information Obtained from Third Parties
When you apply to the Company for Services, we will request information from credit bureaus and other third parties to facilitate determinations for your eligibility, perform analyses, provide you with offers and assess risks related to the Services to be provided. If you receive financial services from the Company, we will also collect information throughout the life of your transaction to assess risks associated with that transaction and to support ancillary services related to the transaction. If another company refers you to the Company or assists you in any way in the application process for the services, we may also collect your information from that company in order to process your application.
We may also obtain information about you from third parties such as identity verification services. If you apply for Services from the Company, we will obtain consumer reports from consumer reporting agencies related to you, as well as in connection with the use of any other services that we offer or that you may obtain from us.
2. Data Security
We have implemented commercially reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on access-controlled cloud-based servers. Any payment transactions will be encrypted using SSL technology.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will act reasonably to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Important Steps You Can Take
You agree that the safety and security of your information also depend on you and your actions and behavior. The Company sends important communications regarding your account or application via email and text messaging. You should therefore take steps to secure and risk at restrict access to your email account and mobile phone, use passwords that are difficult to guess or hack, and change your passwords frequently. If we have given you (or if you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
You should also be on guard for fraudulent emails and texts known as “phishing” from companies claiming to be the Company and requesting your login information or other information. The Company will never ask you for your login information in an email or text message.
When are you when you are finished using the Website you should log out completely, if applicable, close the browser window and clear any browser cached files and saved passwords. This is particularly important if you use a computer that is accessed by other people, such as in a library or Internet café.
3. How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to facilitate the Services. This may include:
- Presenting our Website and its contents to you.
- Providing you with information, products, or services that you request from us.
- Fulfilling any other purpose for which you provide it.
- Generating a user profile, processing your application and verifying your identity and application information;
- Performing a risk analysis based on your information;
- Enabling automatic payments and fund transfers with financial institutions;
- Implementing collection activities, as needed;
- Communicating with you regarding your application, your account and/or your transactions;
- Addressing any concerns you may raise.
- Notifying you about changes to our Website or any products or services we offer through it.
- Company also uses your information to conduct analyses related to our Services and our Website. We use this information to improve our models and our Services. We also use this information to improve our Website’s usability and to evaluate the success of particular marketing campaigns and other activities.
- For any other purpose we may disclose to you at the time when you provide the information.
The Company may also use your personal information to select you for certain marketing communications, newsletters, surveys or requests for feedback regarding your experience. The Company may use your personal information about the select you for offers and communicate offers to you. For more information, see Your Options About How We Use and Disclose Your Information below.
4. How We Share Your Information
For our everyday business purposes
We share your personal information with employees, vendors, partners, training partners, marketing providers, and third parties as required to offer the Services. This includes, but is not limited to, processing transactions, maintaining your account, offering or servicing financial products, offering other financial services, responding to court orders and legal investigations, litigation purposes, complying with audits or other investigations, and reporting to credit bureaus. We also engage the following types of service providers to perform functions on our behalf: marketing providers, billing and collection providers, auditing and accounting firms, professional services consultants, providers of analytics services, security vendors, and IT vendors. Occasionally, these service providers may also collect data directly from you and their privacy policies may also apply.
The Company shares your information with third parties as permitted by law, including in the following specific ways:
- Referral Partners. If you were referred to the Company by another third party (a ” Referral Partner”), the Company will share your information as necessary to honor the terms of the agreement with that Referral Partner to process your transaction. In some cases, the Company may share with a Referral Partner for that Referral Partner’s own business purposes, such as to analyze and improve its business and provide targeted marketing to you.
- Training Providers. If you made an application regarding a training provider, the Company may share your information with the training provider associated with your application.
- Credit Card Processors. We share your credit card information with a third-party processor.
- Credit Bureaus. The Company may share your personal information with credit bureaus to meet any credit reporting obligations we may have.
- The Company may share your personal information with third parties at its discretion.
- Anonymized Data. The Company may share aggregated and anonymized data sets with third parties including but not limited to business partners, service providers, investors, training providers, etc. No personally identifiable information will be included in these data sets.
- When Requested/Required by Law/Fraud. We will share your information (a) with any party when required by law or by a governmental authority request to do, so or to combat fraud or criminal activity, (b) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of UpSmith, our customers, or others, and (c) with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- With Our Partners to Provide Personalized Offers. We may share your information with business partners for marketing offers of interest to you as permitted by law or with your consent.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. If you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Additionally, we may disclose your personal information to contractors, service providers, and other third parties we use to support our business and who are typically, but not always, bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. Lastly, we may share your personal information to a buyer or other successor in the event of 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 about our Website users is among the assets transferred.
5. Your Options About How We Use and Disclose Your Information
We strive to provide you with options regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- SMS Messages. By providing us with your mobile phone number, you give us permission to contact you by SMS/text messaging for purposes regarding the Website or our Services (including operational messaging or marketing messaging). You can opt-out of receiving SMS messages by replying “STOP” to any such message.. For any SMS/text messaging your regular carrier rates will apply.
- Disclosure of Your Information for Third-Party Advertising. When available, you can review and change your sharing preferences by logging into the Website and visiting your account profile page.
- Promotional Offers from the Company. When available, you can review and change your sharing preferences by logging into the Website and visiting your account profile page.
- All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
6. Telephone Communications/Do Not Track/Other
The Company and its authorized agents, service providers and partners may monitor and or record all telephone communications in accordance with applicable law.
Nevada Residents. Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request via the Support portal on our website. However, please note that we do not currently sell data triggering that statute’s opt-out requirements.
7. Children Under the Age of 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, use any of the interactive or public comment features of this Website, if any, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@UpSmith.com.
8. Contact Information