ELECTRONIC RECORDS DISCLOSURE AND AGREEMENT
Electronic Copy of Related Disclosures, Agreements, and Instructions. In order to speed up the loan application process, with your consent, RateGenius, its network of lenders, lending partners, and third-parties ("Lender Network") will provide you with the following information electronically, rather than by postal mail or in person:
Your Consent is Required. You must consent to receiving the related legal disclosures, agreements, and instructions before they can be provided to you electronically. Your consent will only apply to the loan and related products you have selected and their related legal disclosures, agreements and instructions. You will not be consenting to receiving other electronic records or disclosures at this time.
Paper Copy of Disclosures, Agreements and Instructions. If you do not want to receive the legal disclosures, agreements and the instructions electronically, you should exit this area of our website. If you consent to receive the disclosures, agreements and instructions electronically, you can also request a paper copy of the related legal disclosures, agreements and instructions. RateGenius will not charge you any fees for providing a paper copy of the disclosures, agreements and instructions.
Withdrawal of Consent for Electronic Delivery. You may withdraw consent for electronic delivery of legal disclosures, agreements, instructions, and communications, but doing so will not affect the legal effectiveness, validity or enforceability of electronic records that were made available to you prior to the implementation of your withdrawal of consent for electronic delivery.
In the event that you withdraw your consent for electronic delivery, RateGenius will no longer be able to communicate with you electronically. To withdraw consent to electronic delivery, you must either: (i) write to us at RateGenius, Customer Service, 9300 United Drive, Suite 180, Austin, TX 78758; (ii) use a method that may be available to you at the RateGenius website www.rategenius.com; or (iii) contact Customer Service at 866-728-3436.
Updating Your Contact Information. To provide updated information on how RateGenius may contact you electronically, you must either: (i) write to us at RateGenius, Customer Service, 9300 United Drive, Suite 180, Austin, TX 78758; (ii) use a method that may be available to you at the RateGenius website www.rategenius.com; or (iii) contact Customer Service at 866-728-3436.
System Requirements to Access the Information. To receive an electronic copy of the legal disclosures, agreements, and instructions related to your loan and any related products, you must have the following equipment and software:
System Requirements to Retain the Information. To retain a copy of the requested file, your system must have the ability to either download (e.g., to your hard disk drive or a floppy diskette) or print PDF files. You must have a functioning printer connected to your personal computer or other access device that is able to print the related legal disclosures, agreements, the instructions, communications, and online statements on plain white 8 1/2" x 11" paper.
Agreements and Acknowledgments. By submitting your application through RateGenius’ website, you represent that: (i) you have read, understand and agree to all of the provisions of this Electronic Records Disclosure and Agreement (the "Agreement"); and (ii) you represent that the Internet access device(s) you will use to receive this Agreement and related legal disclosures, agreements, instructions, communications and online statements meet(s) the system requirements to access information and to retain information as stated in the previous two sections.
Requirements for your application to be considered by RateGenius:
CONSUMER NOTICES BY STATE
Notice to California Residents: If married, you may apply for credit separately as an individual.
Notice to Maine Residents: You must have physical damage insurance covering loss or damage 1.0 the vehicle for the term of any loan. You may buy this insurance from anyone you choose. You do not have to buy it from someone affiliated with the lender. Your choice of insurance will not affect the credit approval process unless the insurance does not satisfy the contract requirements or the insurance company does not satisfy the reasonable standards of the dealer or an assignee of the contract.
Notice to New Hampshire Residents: If this is an application for a balloon contract, you are entitled to receive, upon request, a written estimate of the monthly payment amount that would be required to refinance the balloon payment at the time such payment is due based on your current refinancing programs. A balloon contract is an installment sale contract with a final scheduled payment that is at least twice the amount of one of the earlier scheduled equal periodic installment payments.
Notice to New York Residents: Consumer reports may be requested in connection with this application. Upon request, you will be informed whether or not a consumer report was requested and, if it was, of the name and address of the consumer reporting agency that furnished the report. Additional consumer reports may be requested with respect to any extension or renewal of this obligation.
Notice to Ohio Residents: 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.
Notice to Rhode Island Residents: Credit Reports may be obtained in connect ion with this application for credit.
Note to Vermont Residents: You authorize us and any financial service provider with whom this application is shared, to obtain credit reports to evaluate your credit application. If your application is approved and credit is granted, you also authorize all parties granting credit, holding and/or servicing your account, to obtain additional credit reports in connection with your account, as permitted by law.
Notice to Wisconsin Residents: The interest of the creditor will not be adversely affected by a provision of a marital property agreement, a unilateral statement under Wisconsin Statutes § 766.59 or a court decree under Wisconsin Statue § 766.70, unless you furnish a copy of such agreement, statement or decree to the creditor, or the creditor has actual knowledge of such provision before credit is granted.
Effective as of January 1, 2020
Last updated June 29, 2020
RateGenius is headquartered in Austin, Texas. It is licensed as a registered lender with the Texas Office of Consumer Credit Commissioner and is a proud member of the Better Business Bureau. All lenders in the RateGenius network are well-established FDIC-insured banks, thrifts or licensed lenders.
Personally Identifiable Information We Collect Online
Through your use of the Sites and Services, we may collect Personally Identifiable Information from you. “Personally Identifiable Information” is individually identifiable information about an individual consumer that we collect online and that we maintain in an accessible form.
We may collect the following Personally Identifiable Information that you voluntarily provide to us:
We automatically collect certain Personally Identifiable Information through your use of the Sites and Services, such as the following:
When you apply for a loan, we may obtain Personally Identifiable Information about you from other sources, such as information about your credit profile or other information from Experian, TransUnion, and Equifax. We also may collect information about you from other sources to verify the information you provided in your loan application.
We use the Personally Identifiable Information we collect to provide the Services to you, to improve our Services and Sites, and to protect our legal rights. In addition, we may use the Personally Identifiable Information we collect to:
We may share the Personally Identifiable Information that we collect about you in the following ways:
How You Can Opt-Out of Cookies
Cookies can be blocked by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Sites.
You can find out more about Cookies and how to manage Cookies by visiting www.AboutCookies.org.
You can opt out of Cookies set by specific entities by following the instructions found at these links:
You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Sites do not currently interpret, respond to or alter their practices when they receive “Do Not Track” signals.
Review and Request Changes to Your Personally Identifiable Information
You may use your account to access, correct, or view certain Personally Identifiable Information we have collected and which is associated with your account. To review or request changes to any of your Personally Identifiable Information, please contact us at email@example.com.
To unsubscribe from our marketing emails, please click the unsubscribe link included in the footer of our emails. You also may submit a request to us at firstname.lastname@example.org.
We maintain commercially reasonable security measures to protect the Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security.
The Sites are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13.
Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to email@example.com or toll-free at (855) 350-7900.
The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include information publicly available, deidentified or aggregated information. For purposes of this “NOTICE TO CALIFORNIA RESIDENTS” section we will refer to this information as “Personal Information.”
Right to Know About Personal Information Collected, Disclosed, or Sold
If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you in the 12-month period preceding your request. This right includes the right to request any or all of the following:
(1) Specific pieces of Personal Information that we have collected about you;
(2) Categories of Personal Information that we have collected about you;
(3) Categories of sources from which the Personal Information was collected;
(4) Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;
(5) Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and
(6) The business or commercial purpose for collecting or, if applicable, selling Personal Information.
The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.
We collected the above Personal Information for the following business or commercial purposes:
Credit Card Processing
Credit Card Pmt Services
We do not knowingly collect or sell the Personal Information of minors under 16 years of age.
Right to Request Deletion of Personal Information
If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected or maintain. However, per the CCPA, we are not required to comply with a request to delete if it is necessary for us to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
How to Submit a Request to Know or Delete
You may submit a request to know or delete by completing our online request form available here, emailing firstname.lastname@example.org or by calling us at (855) 350-7900. If you submit a request to delete online, you may be asked to confirm separately that you want your Personal Information deleted.
Our Process for Verifying a Request to Know or Delete
We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.
For requests to access categories of Personal Information and for requests to delete Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.
For requests to access specific pieces of Personal Information or for requests to delete Personal Information that is sensitive and poses a risk of harm by unauthorized deletion, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.
Right to Opt-Out of Sale of Personal Information
If you are a California resident, you have the right to direct us to stop selling your Personal Information. To opt-out of our use of third-party advertising Cookies, please see the section “How You Can Opt-Out of Cookies” above. In addition, you may submit a request to opt-out of sales through our interactive webform available by clicking on this link: “Do Not Sell My Personal Information.” You also may submit a request by calling us toll-free at 855.350.7900 or emailing us at email@example.com.
Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights
We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.” As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.
If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.
Shine the Light Law
If you are a California resident, California Civil Code § 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third-parties’ direct marketing purposes (as those terms are defined in that statute). To make such a request, please send an email to firstname.lastname@example.org or write to us at 9300 United Drive, Ste 180, Austin, Texas 78758.
To contact us for questions or concerns about our privacy policies or practices please call us toll-free at 866-728-3436 or email us at email@example.com.
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