By using the Site, you are entering into an agreement with Access Point Financial to abide by the LATU and agree that APF may use your information as set forth in this LATU. If you do not wish to be bound by the LATU, please exit the Site now and do not complete a loan application. Your sole remedy for dissatisfaction with the Site, or anything available on the Site, is to stop using the Site or the particular services.
Authorization to Request Credit Report and Process Loan Application.
(a) By clicking the check box on the Access Point Financial loan application referencing a written instruction to Access Point Financial to request your personal credit report, and continuing with the application process, each individual serving as a guarantor (“Guarantor”, “you” or “your”) in connection with the credit applicant (the “Applicant”) understands and authorizes APF and its third-party service providers to obtain credit reports and related information about you from one or more consumer credit reporting agencies, including without limitation Experian, Equifax, and TransUnion.
(b) You authorize APF and it third-party service providers to collect information from this loan application (including your identity, financial data, bank deposit data and tax information, or that of any Guarantor or the Applicant), and provide on such information, in whole or in part, to APF and its affiliates for the purpose of evaluating your application for credit.
(c) You authorize APF and its third-party service providers each time Applicant requests a loan, to: verify all of the information given, to obtain your credit report or any other verification of credit references, and to make such other investigation as APF deems appropriate. You and the Applicant agree to notify APF promptly of any adverse change in their financial condition.
(d) You understand and agree that credit scoring based on personal credit data of each Guarantor may be used to evaluate the Applicant’s credit request.
(e) You further consent to APF performing background checks on the Guarantors and Sponsors.
(f) You certify that that you are at least 18 years old; that you have the authority to complete this application on behalf of the Applicant and to provide the information contained herein, including login credentials to Applicant’s bank accounts; and that all of the statements provided herein and on any other documents provided to APF are true and complete as of the date given.
(g) You certify, represent and warrant that (i) all of the information furnished to APF is complete, current, accurate and not misleading; (ii) Applicant is solvent, pays its financial obligations in a timely manner and is not subject to any bankruptcy or debt relief proceedings or contemplating filing for such proceedings; (iii) Applicant has no current or preexisting relationship with any current or former employee of APF outside of a prospective Lender/Borrower relationship; and (iv) to the best of Applicant’s knowledge, Applicant or any principals of Applicant, has no relationship to any former employee of any predecessor company represented by princiapls or employees of APF, which has not yet been disclosed.
Important Information: APF complies with the USA PATRIOT Act. This law mandates that we verify certain information about you while processing your loan application.
Consent to Electronic Transactions and Communications.
(a) Electronic Delivery of Communications. By checking the appropriate box on the APF loan application, you consent to receive electronically from us certain disclosures, notices, communications, documents and other information (collectively, the “Communications”). The Communications that you consent to receive electronically from us include, but are not limited to, the following: all legal and regulatory disclosures related to your application for credit from us and any subsequent acceptance or rejection of that application by us; all disclosures and communications associated with your Account and disclosures or communications about any changes in the terms of your Account; monthly or other periodic billing or account statements for your Account or such other communications that we may include from time to time; and privacy policies and notices.
(b) Paper Delivery of Communications. You have the right to receive a paper copy of the Communications. To receive a paper copy, please request it in one of the following ways: send an e-mail message with your name and mailing address to the e-mail address at the bottom of this document, or write to APF at the address at the bottom of this document, with your name and mailing address. Be sure to state that you are requesting a copy of the Communications.
(c) Withdrawal of Electronic Acceptance of Communications. You can also contact us in any of the ways described in part (b) of this section to withdraw your consent to receive any future Communications electronically.
(d) Assignment. By checking the appropriate box on the APF loan application, you acknowledge that your consent to electronic delivery of all Communications is assignable to any entity that owns, as assignee, all or a portion of any loan you obtain from APF.
(e) Changes in Your Contact Information. By checking the appropriate box on the APF loan application, you agree to keep us informed of any changes in your email address so that you continue to receive all Communications. You can contact us in any of the ways described in part (b) of this section to provide us with your updated email address. You also agree to keep us informed of any changes to your registered business address or telephone number.
(f) System Requirements. The minimum system requirements for electronic signatures are as follows: Operating Systems: Windows® XP; Windows Vista™; Windows® 7; Mac OS X®; Browsers: Final release versions of Internet Explorer® 7.0 or above (Windows only); Mozilla® Firefox – Current Version (Windows and Mac); Safari™ 6.2 or above (Mac OS only); Google Chrome® – Current Version; Mobile Signing: Apple iOS® 6.0 or above. Android™ 4.0 or above.
Telephone Consumer Protection Act (TCPA) Consent. You expressly consent to receive calls and messages, including auto-dialed and pre-recorded message calls and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future in accordance with the TCPA. You understand and acknowledge that your cellular, mobile or other telephone provider will charge you according to the type of plan you carry.
Copyright Notices. The works of authorship contained in this Site, including but not limited to all design, text, sound recordings and images (“Content”), are owned, except as otherwise expressly stated, by us or our licensors. Except as otherwise expressly stated herein, the Content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of APF, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. & sect107), as amended.
Termination; Survival of Provisions. We may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Your obligations and the disclaimers and provisions relating to the sections titled (i) “Copyrights Notices” and (ii) “General Terms” will survive any termination or expiration of the LATU for any reason.
General Terms. This LATU, as well as any written and signed agreements which you may have with APF, constitute the entire agreement between you and APF with respect to the Site and governs your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Information We Collect and How We Use It
APF collects personal information from you. We collect most of this information when you inquire about or apply for a loan. Information we collect includes information that you are required to provide in order to get a loan, such as Borrower name, Sponsors’ names, addressed, email addresses, telephone or mobile phone numbers, Social Security numbers, dates of birth, drivers’ licenses or state ID numbers and financial account information, (such as your checking account and routing numbers), and other information that you may provide voluntarily. Additional information may be gathered any time.
We also collect a password so that you are able to access your account.
We may use the information we collect from and about you to:
- Enable you to log in to your Application;
- Verify your identity;
- Guard against potential fraud;
- Enable our financial services partners to implement automatic payments and fund transfers;
- Contact you in response to a loan inquiry or application or otherwise;
- Service, administer or collect on your loan;
- Develop new products or services;
- Provide you with customized Site content;
- Send periodic newsletters;
- Research, address problems with, and improve the usage and operations of the Site; and
- Protect the security or integrity of the Site and our business.
We may also use the information we collect form and about you as may be described to you at the point of collection.
We may obtain information about you from other sources, including credit bureaus, fraud detection services, and background checks. This information may include name, updated address or contact information, and information about your credit history and score. In addition, we gather names and email addresses of people who contact us through our website with questions about our company and our products and services. We collect this information for the purpose of responding to such inquiries and marketing our products and services.
We will send you strictly service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.
Based upon the information you provide us, we will send you a welcome email to verify your account information and password. We will also communicate with you in response to your inquiries, to provide the services you request and to manage your account. APF does not, nor ever will, sell any of your private information to any third party.
As true of most Web Sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or click stream data
In addition, we our analytics partners use technologies such as cookies, beacons, tags, and scripts to analyze trends, administer the site, track users’ movements around the site and gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these partners on an individual as well as aggregated basis.
Please note that our system may not respond to Do Not Track requests or headers from some or all browsers.
Information is shared with other parties in the following ways:
- In order for us to finance your loan, we may sell your loan to or receive financing from third party investors. We provide information obtained about a borrower during the loan inquiry, application and verification process, including personal information, financial and credit information, to investors that may purchase, or otherwise finance, your loan. The information obtained during the loan inquiry, application and verification process, other financial and credit information obtained from a credit bureau, and your loan payment performance information, such as late payments and collections activities, are contained in loan data files that are provided to these third party investors and financing partners. If we sell a loan originated through our platform to an investor, we may provide that investor with personal information, financial, and credit information about you.
- We may share your information with law enforcement or other government agencies as required by law, regulation, or for the purposes of limiting fraud. We reserve the right to disclose your personal information when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us.
- We may share information in connection with the sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving APF.
- We work with a number of trusted partners that perform vital functions as part of our operations, including platform administrators, loan servicers, credit bureaus, and electronic payment service providers. Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services. Our partners are legally required to keep your information private and secure. Our partners are authorized to use your personal information only as necessary to provide these services to us.
Links to Other Websites
The Site may have links to third-party websites, which may have privacy policies that differ from our own. We have no control over the content of, and are not responsible for the practices of, such sites. Please consult the privacy policies on these sites before you provide them with any of your personal information.
Social Media Features
We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and Site visitors. While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures. When you enter sensitive information (such as financial information and social security number), we encrypt the transmission of that information using secure socket layer technology (SSL).
Access to Your Personal Information
If you have an account with us, you may sign in to your account on the Site and update the personal information contained in the account. If you wish to deactivate or update your account, please contact us at firstname.lastname@example.org. We will retain your information per our document retention policies. If you wish to cancel your account or request that we no longer use your information to provide you with loan related services contact us at email@example.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Out of respect for your privacy, you may choose to stop receiving our newsletter emails by following the unsubscribe instructions included in these emails or contacting us at firstname.lastname@example.org.
Questions or Comments. If there are any questions regarding the LATU you may contact us using the following information: