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Privacy Policy

Effective Date: January 2023

About Us and Scope

American First Finance, LLC and its affiliates and subsidiaries (“AFF,” “we,” “us,” or “our”) are committed to protecting the privacy of Personal Information belonging to anyone who visits our websites or uses our products and services (“consumer,” “customer,” “you,” or “your”). “Personal Information” includes any information that identifies you as an individual, relates to you as an individual, or that, along with other information, could identify you. This Privacy Policy (“Privacy Policy”) applies to any site owned and operated by AFF, including, but not limited to, any websites serving from the americanfirstfinance.com domain, and to any other site on which this Privacy Policy is posted (collectively, the “Site(s)”). Where specifically noted, this Privacy Policy also applies to Personal Information processed offline. Our Sites are not directed to or intended for individuals under 18 years of age. This Privacy Policy explains our policies and practices concerning collection, use, disclosure, and processing of your Personal Information collected through the Site(s) and by other related means (for example, through e-mail, phone calls, SMS and other communications).

Depending on the nature of your relationship with us, there may be other websites, platforms, and related mobile applications that are distinct from the Site(s) that you use or are offered in the jurisdiction in which you are located. In such cases, there may be supplemental or different privacy policies which apply to your specific use. You are advised to review the privacy policies made available on each of the Site(s) that you use, as well as any other applicable privacy policies, notices, or statements provided by us to you.

Information We Collect and How We Use it

We only keep your information for as long as it is necessary to complete the purpose(s) for which you gave it to us or to comply with applicable laws and contractual obligations. This time period may vary based on the circumstances.

If you visit our Site(s) or open an account with us, either directly or through a merchant partner or a third-party platform, we may collect your information in three ways: we may collect information automatically, we collect information that you provide voluntarily, and we may obtain information from third parties.

Information Collected

When you access the Site(s), we use information collection technologies to collect your IP address, browser information (such as type, version, location and carrier), operating systems information, referral URL information, network information, user location, login dates and times, language preferences, access information, and information about how and when you use the Site(s) (e.g., page visits and views, link clicks, etc.). We collect this information through cookies, server logs, and other technologies, such as web analytics tools.

Use of Cookies

We use cookies in the Site(s). “Cookies” are small pieces of information that are stored by your web browser software on your computer’s hard drive or temporarily in your computer’s memory, and provide information about you, your preferences, or your device. The information provided does not usually directly identify you, but cookies allow us to personalize your viewing experience and allow us to track statistical information about navigation to and throughout certain areas of the Site and to promotions on other sites. We also utilize third parties that may place and store internet cookies on your hard drive for web analytics. These third-party cookies collect information about our Site traffic by tracking users across websites and across time and generating reports for us to better understand our Site users and to create audiences for our advertisements based on such understanding. Third-party ad network providers that help us present ads on the Site may also place cookies on your device to service you with ads or other content personalized to your interests.

Web Beacons

Our Site(s) may contain electronic images known as “web beacons” (sometimes called single-pixel gifs) and may be used along with cookies to compile aggregated statistics to analyze how our Site(s) are used. Web beacons may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

We use a third party to gather information about how you and others use our Site(s). For example, we may learn how many users access a specific page and which links they click on. We may use this aggregated information to understand and optimize how our Site(s) are used.

Google Analytics

We use a tool called “Google Analytics” to collect some information we listed above about your use of the Site and Services. We use the information we get from Google Analytics to improve the Services. In order to collect this information, Google Analytics may set cookies on your browser or mobile device, or read cookies that are already there. Google Analytics may also receive information about you from apps you have downloaded, that partner with Google. Google’s ability to use and share information collected by Google Analytics about your use of the Services or visits to the Site or to another application which partners with Google is restricted by the Google Analytics Terms of Use and the Google Privacy Policy available at: http://www.google.com/policies/privacy.

Social Media Widgets

Our Site includes social media features, such as Facebook, LinkedIn, and Twitter. These features may collect information about your IP address and which page you are visiting on our Site, and they may set a cookie to ensure the feature functions properly. These features may also provide you with personalized ad content. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.

Information that You Provide Voluntarily

Our relationship with you (including the Site(s) that you use and the products or services you request) will dictate the types of Personal Information that we collect from you and our uses of such information. For example, we collect and use different Personal Information according to whether you are applying for our products or services, an existing customer to whom we provide products and services, a passive visitor of our Site(s), a merchant partner, or a job applicant.

Where you provide Personal Information to us about other individuals (for example, where you are a merchant partner to whom we provide services and you provide us with Personal Information about your employees or your own customers), we will collect, use and disclose such Personal Information in accordance with this Privacy Policy. You must be authorized by the individual(s) to provide us with their Personal Information and it is your responsibility to refer such individuals to this Privacy Policy before providing us with Personal Information on their behalf.

Information Obtained from Third Parties

We may obtain Personal Information about you from third parties such as credit bureaus and identity verification services. If you apply for an account with us, either directly or through a merchant partner or a third-party platform, we may obtain consumer reports from consumer reporting agencies related to you at the time of your collection and periodically throughout the term of your account, as well as in connection with the use of any other services that we offer or that you may obtain from us.

AFF may receive information from consumer-facing companies that collect information from consumers interested in being matched with a lender or provider of other financial products for the purposes of obtaining consumer financing.

In order to verify your identity, some identity verification services we use may be dependent on information from Mobile Network Operators (“MNO”). By applying for an account with us, you authorize your wireless carrier, or MNO, to use or disclose information about your account with them and your wireless device, if available, to us or our service provider for the duration of your business relationship, solely to help identify you or your wireless device and to prevent fraud.

Collecting and Processing Your Personal Information

Personal Information that we collect from you may include the following:

  • Contact information, such as: first and last name, title, company name, e-mail address, phone number, location, and postal address;
  • Social Security Number, drivers’ license number, passport number, taxpayer identification number, and date of birth;
  • Authentication and access information, such as: username, online identifier, internet password, account number, other similar identifiers, and related security information;
  • Financial information such as bank account, debit card, and credit card information;
  • Signature, state identification card number, employment, employment history, professional history, medical information, or health insurance information;
  • Characteristics of protected classifications under applicable state or federal law;
  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement;
  • Feedback, inquiries or other communications about the Site(s) and our products and services;
  • Your preferences, such as: language, date format, notification method, postal code, and time zone;
  • Geolocation information depending on the specific AFF services you use, or internet protocol (IP) address;
  • Your profile picture (if provided voluntarily);
  • Inferences drawn from any of the information identified in this section to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes;
  • Any other information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household; and
  • Other information that may be required under federal or applicable state laws.

We process your Personal Information in accordance with applicable laws and always for one or more of the following reasons:

  • To enter into or perform a contract or for other business or commercial purposes: For example, we use your Personal Information to:
    • Provide services through our Site(s), including maintaining and servicing accounts, processing or fulfilling orders and transactions, verifying customer information, processing payments, or providing financing or leasing;
    • Send you requested product updates or service information;
    • Respond to your customer service requests and communicate with you;
    • Fulfill the reason for which you provided us your information;
    • Further a commercial purpose, including any purpose to advance your commercial or economic interests, such as by inducing you to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction;
    • Offer you specific products and services, deliver targeted marketing, and promotional offers based on your communication preferences. We may combine your information with information we collect from other companies, and use it to improve and personalize our services, content, and advertising.
  • Our legitimate business interests: For example, we use your Personal Information to:
    • Make improvements to our Site(s), our internal operations, our security efforts, and our products and services which benefit our customers;
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity;
    • Verify your identity;
    • Debug to identify and repair errors that impair existing intended functionality;
    • Conduct audit activities related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
    • Conduct research and analysis for technological and/or product development and demonstration; and
    • Monitor and record through “session replay” technology your online interaction and/or telephone conversations with us from time to time to improve your experience.
  • With your consent: For example, we will obtain your consent to process your Personal Information for purposes of sending you marketing or promotional material as required by law. Consent can be withdrawn in these circumstances by opting out of such communications at any time; provided, however, that it will not affect information processed and/or stored prior to such withdrawal, unless required by law.
  • As otherwise permitted by law or where required to comply with one or more of our legal obligations: For example, we may process your Personal Information for the establishment, exercise, or defense of legal claims.

Sharing Your Personal Information

We will keep your Personal Information confidential and only share it with others in furtherance of one or more of the purposes above.

Internal Disclosures

We share your Personal Information, on a confidential basis, with those departments and staff members (including departments and staff members of our affiliates or subsidiaries) who are responsible for the applicable use or processing activity and who have a need to know in order to perform their duties.

Disclosures to Third Parties

We may share your Personal Information with third-party service providers in the ways described in this Privacy Policy and our Privacy Notice (if applicable to you), and the Privacy Notice of our partner, FinWise Bank (if applicable to you), which are available on our Site(s). A list of the categories of third-party service providers to whom your information may be disclosed is provided below:

  • Service providers that help us perform Site functions and provide you with Services, such as Google Analytics.
  • Insurers or reinsurers;
  • Auditors;
  • Law firms and other advisors;
  • Credit referencing, debt collection and fraud and prevention agencies;
  • IT service providers, IT maintenance providers, and cloud service and hosting providers;
  • Marketing and advertising service providers that share information about our products and services;
  • Regulators and other applicable governmental bodies;
  • Selected third parties in connection with any sale, transfer, or disposal of our business; or
  • Any other person where necessary to perform a contract with you (including with merchants that you are using our services for), to protect ourselves from risk, or to ensure regulatory compliance or good governance.

Disclosures Required by Law

We may also disclose your Personal Information as required by law such as to comply with a subpoena or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Disclosures to Merchant Partners

We may share your information with merchants you interact with while using AFF for various reasons, including returns, deliveries, or marketing and promotional purposes, if you consent or as permitted by law. By creating an AFF account, you consent to AFF sharing your information with merchants you use AFF services with, for those merchants to market to you. We do this to help merchants personalize services and offers, so you can have a better experience. You’re able to revoke your consent at any time by following the steps below. If you choose to do so, we will stop sharing your information with merchants from that point onward, except as necessary to complete transactions you initiate. To revoke your consent to information sharing with merchants for marketing, please contact us at privacy@americanfirstfinance.com.

Transmitting Your Personal Information Externally

Please be aware that information collected through the Site(s) may be transferred within, stored in, and/or processed in the United States, Baja, Jamaica, India, and/or the Dominican Republic where our servers are located and our information base is operated, or where our affiliates or third-party service providers are located. We only share your information in order to fulfill the purposes for which you provide it to us (and which are listed above). Our internal staff strictly follow policies on protecting your information and making sure it doesn’t get into the hands of someone who isn’t allowed to have it. Likewise, our service providers are bound by contracts, including restrictions on what they can do with the information we provide and security measures that they need to have and maintain to keep your information from use or access by others that are not authorized to use it or access it.

Sale

We do not sell Personal Information, and we will not sell Personal Information except if we provide you with notice and a right to opt-out of such sale.

Third-Party Sites

For your convenience, our Site(s) may contain links (embedded or otherwise) to websites, online services, or mobile applications that are operated by third parties (“Third-Party Sites”). These Third-Party Sites are operated independently from our Site(s). We are not responsible for the content, security or privacy policies of any such Third-Party Sites. You should review the specific privacy policies of those Third-Party Sites to determine how they collect, protect, store, use, or otherwise process your Personal Information.

Do Not Track Disclosure

“Do Not Track” is a preference that you may be able to set on your browser (if supported) to opt out from online behavioral tracking. We take no action in response to “Do Not Track” requests received from a user’s web browsing software.

Security and Retention of Your Personal Information

We take the security of your Personal Information seriously. We have implemented appropriate technical and organizational security measures and procedures designed to protect against the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your Personal Information. However, no method of transmission over the Internet or electronic storage technology is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the contact information provided below (see section entitled “Our Contact Information”).

Please note that there may be certain circumstances where we cannot comply with your request; such as where complying with it would mean that we could not comply with our own legal or regulatory requirements or an exemption under applicable law applies to the specific circumstances. In these instances, we will let you know why we cannot comply with your request.

‘Opt Out’ from Marketing

You have control over the extent to which we market to you and can request that we stop sending you marketing messages at any time. You can do this by either clicking on the “unsubscribe” button in any marketing email that we send to you or by contacting us using the contact information set forth below.
Please note that even if you opt out from receiving marketing communications, we may still send you service-related and administrative communications from which you cannot opt out without choosing to discontinue doing business with us.
Childrens’ Use of the Site(s)

The Site(s) are not directed to or intended for children. We do not seek or knowingly collect Personal Information from individuals under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through the Sites, please contact us at privacy@americanfirstfinance.com and we will endeavor to delete that information from our informationbases. Please visit the Federal Trade Commission’s website to learn more about the Children’s Online Privacy Protection Act (COPPA).

California Shine the Light

Residents of the State of California have the right to request information from AFF regarding other companies to whom the company has disclosed certain categories of information during the preceding year for the other companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please click email privacy@americanfirstfinance.com.

Contact Information

For any questions regarding this Privacy Policy, how to exercise your rights, or to inquire about our collection, use, disclosure, and processing of your Personal Information, you may contact us using the contact information below:

American First Finance, LLC
Attn: Legal Department
P.O. Box 565848
Dallas, TX 75356
Email: privacy@americanfirstfinance.com
Telephone: 1-855-721-1188

Changes to this Privacy Policy

We reserve the right to change this Privacy Policy from time to time in our sole discretion. Since we may modify our Privacy Policy from time to time, we recommend that you check the current version of our Privacy Policy periodically. If we make any modifications to our Privacy Policy, we will update the “Effective Date” at the top. By continuing to use the Sites or providing us with information after we have posted any updates to this Privacy Policy, you consent to any revised Privacy Policy and practices described in it.

How We Work With Our Merchant Partners

From time to time, we may provide incentives to the employees of our merchants to increase awareness of our product offerings. Before you apply, ask your salesperson if you qualify for any other credit or lease offers. If so, take a moment to consider those options and make the informed choice. If this product is right for you, we hope you enjoy the value and flexibility that fits your needs. We’re here to help.