PLEASE CAREFULLY REVIEW THIS PRIVACY AND COMMUNICATION POLICY FOR BALANCE CREDIT AND THE RELATED TERMS AND CONDITIONS OF USING THIS WEBSITE (the “Site”) BEFORE USING THIS SITE.
BALANCE CREDIT REQUIRES THAT ALL VISITORS TO OUR SITE ADHERE TO THE FOLLOWING PRIVACY AND COMMUNICATION POLICY. BY ACCESSING THE SITE YOU AGREE TO AND ACCEPT THE POLICIES, TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE POLICIES, TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE USING THE SITE. SunUp Financial, LLC dba BalanceCredit.com (“Balance Credit” or “we”) respects the privacy of our customers (“you” or “yours”) and has developed this Privacy and Communication Policy (“Policy”) to demonstrate our commitment to protecting your privacy and clarifying the terms and conditions of using this website.
Balance Credit’s PRIVACY NOTICE can be found at //www.balancecredit.com/privacy-notice/. The PRIVACY NOTICE applies to your use of this Website and its terms are made a part of this Policy by this reference. Additionally the PRIVACY NOTICE was referenced and given to you in the consumer loan agreement associated with this Site. Please note that we may use your information in accordance with the PRIVACY NOTICE. Additionally, if we extend credit to a consumer, we will consider the bank account information provided by the consumer as eligible for us to process payments against. In addition, as part of our information collection process, we may detect additional bank accounts under the ownership of the consumer. We may consider these additional accounts to be part of the application process as permitted by law. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, notwithstanding Balance Credit’s efforts to protect such transmissions.
INFORMATION WE COLLECT ABOUT YOU
We collect, retain and utilize information about you to operate our business and to make products, services and other opportunities available to you. Much of the information we collect, such as account balances, credit information, and payment history, is non-public personal information. We may collect personal information that can identify you such as your name, address and e-mail address. We may also collect information from other sources or information about others or about your transactions that does not identify you. We obtain information about you from a variety of sources, including:
- Information You Provide. This is information we receive directly from you in applications and other forms that you deliver to us, and from our communications with you. This includes identifying information (such as your name, home or mailing address, e-mail address, and telephone number), your financial information (such as your income, assets or debts), your Social Security number, and other personal information (such as your age).
- Information We Compile. This is information we compile from your transactions or experiences with us or with our affiliates. This may include information about account balances, payment history, etc.
- Information From Other Sources. We may obtain non-personal information about you from other companies or third parties. Information that we may receive may include a credit report, information about your home, employment information or other demographic information. We will pull a credit report on you only under those circumstances permitted by federal law.
- Information From Public Sources. This may include information contained in federal, state and local records such as recorded liens on your property, real estate taxes and assessments, tax liens, etc.
- Information About Your Transactions. We may collect your Site log-in information and collect the date and time of access and the Web page(s) accessed. A “cookie” is a small marker that is left on your computer which can only be read by us and helps us better service your account the next time you visit our Site. A “cookie” allows us to know that a visit has occurred within our site, and the pages that were viewed. We do not retain any of these cookies or store any cookies on your hard drive. Cookies are commonly used on Web sites and do not harm your computer. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser.
HOW BALANCE CREDIT USES THE INFORMATION WE COLLECT
Please note that our Site is intended for use only by individuals who are at least 18 years of age or the legal age of majority. We may use information we collect about you to:
- Deliver the products and services that you have requested;
- Register you in order to facilitate your use of our products and services;
- Manage your customer relationship and provide you with customer support; and
- Enforce our terms and conditions.
WITH WHOM WE SHARE YOUR INFORMATION
Balance Credit does not share your personal information with third parties except as indicated below: Authorized Service Providers. We may share your personal information with our authorized service providers that perform certain services on our behalf in connection with your request for a loan. These service providers may include but are not limited to credit bureaus and other financial institutions. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose. WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT.
- Other Situations. We also may disclose your information: (i) in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend our legal rights; to defend against legal claims; or as otherwise required by law; (ii) when We believes disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Site’s terms and conditions or other agreements or policies; and (iii) in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, asset sale or in the unlikely event of a bankruptcy.
- Aggregated Information. We may share aggregated information about you and other customers collectively and other non-personal information we collect, at our own discretion.
HOW WE PROTECT YOUR INFORMATION
Balance Credit takes appropriate measures to help safeguard your personal information. For example:
- We limit employee access to customer information to those who have a business reason to know. Employees are required to use passwords and sign employee documents, which includes standards for protecting customer confidentiality. Employees who fail to comply are subject to discipline.
- We maintain policies and procedures covering the proper physical security of workplaces and records.
- Our physical, electronic, and procedural safeguards meet or exceed federal standards regarding the protection of customer information.
- We request all contractors and outside companies who work with us to adhere to strict privacy standards through their contracts with us.
- We will notify you via email in the event of an information security breach.
HOW WE WILL COMMUNICATE WITH YOU
We may contact you from time to time as permitted by law. We may contact you in any manner we choose unless the law says that we cannot. For example, we may: (1) Contact you by mail, telephone, email, fax, recorded message, or text message at the mobile number you provide and if you affirmatively permit us to contact you in this manner; (2) Contact you at your home and at your place of employment; (3) Contact you on your mobile telephone; (4) Contact you at any time, including weekends and holidays; (5) Contact you with any frequency; (6) Leave prerecorded and other messages on your answering machine/service and with others at the mobile number you provide and if you affirmatively permit us to contact you in this manner; and (7) Identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it. Our contacts with you are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law says we cannot, we may modify or suppress caller ID and similar services in any manner we choose. When you give us your mobile telephone number, we may contact you at this number and can also leave prerecorded and other messages as well as text messages. We may do these things whether we contact you or you contact us. You agree and consent to be contacted by us, our assigns, successors or our servicing agents to email you and/or send a SMS text message to you at any mobile number you have provided to us in the loan application or agreement or at which we reasonably believe we can contact you, for any lawful purpose, including but not limited to: (1) suspected fraud or identity theft; (2) obtaining information necessary for us to service your account; (3) collecting on your account; (4) notifying you as to important issues regarding your account, or (5) any other purpose. Telephone numbers you authorize us, our assigns, successors or our servicing agents to text message to include any numbers provided to us, our assigns, successors or our servicing agents and numbers from which you call us, our assigns, successors or our servicing agents. You agree to pay any fee(s) or charge(s) that you may incur for incoming and outgoing messages from or to us or our assigns, successors, or our servicing agents, without reimbursement from us or them. You authorize us, our assigns, successors or servicing agents to send recorded messages to any phone numbers provided to us, our assigns, successors or service agents. Your cellular provider’s message and data rates may apply to our confirmation and all subsequent SMS messages. You may opt-out and remove your SMS approval for additional message by sending “STOP,” to the SMS text you received. You may also withdraw your consent or update your cell phone number by calling us at 855-942-2526. At our option, we may treat your provision of an invalid mobile phone number, or the subsequent malfunction of a previously valid mobile phone number, as a withdrawal of your consent to receive SMS messages. For HELP on SMS Text Services – To request additional information, text HELP to the message you receive or contact us by telephone at 855-942-2526. If you ask us to discuss your account with someone else, you must provide us with documents that we ask for and that are acceptable to us.
THE LAWS GOVERNING OUR RELATIONSHIP WITH YOU
Balance Credit’s relationship with you is governed by applicable federal and state laws as stated in your loan agreement (“Agreement”), except the Federal Arbitration Act 9 U.S.C Sections 1-16 (“FAA”) governs the Jury Trial Waiver and Arbitration Clause in your Agreement. We will resolve any complaint lodged, filed or otherwise submitted by you or on your behalf in a manner that is consistent with the Agreement. If you have concerns about the operation of any part of Balance Credit or otherwise believe yourself to be aggrieved by some aspect of the operation of any part of Balance Credit’s services, you agree that you shall direct your concerns or dispute in the first instance to Balance Credit’s management, either orally or in writing. In the event you are dissatisfied with Balance Credit’s initial determination, you may mail us notice, within 15 days of the dispute date. In your notice, tell Balance Credit the details and how you want to resolve it. We will try to resolve the Dispute. If we make a written offer (“Settlement Offer”), you can reject it and arbitrate. If we don’t solve the Dispute, either party may start arbitration. To start arbitration, contact an Arbiter or arbitration group listed in your Agreement. No party will disclose settlement proposals to the Arbiter during arbitration. You may send written notice via mail to: SunUp Financial, LLC d/b/a Balance Credit, P.O. Box 4356 Dept #1557, Houston, TX 77210. You can call us or use certified mail to confirm receipt. Additionally, by the continued us of this Site, you agree that all claims, demands, disputes or controversies between you and Balance Credit (its employees, officers, directors, members, agents or assigns), including disputes regarding the scope and validity of this section, and any loan you have had in the past, any loan you may now have, or any loan you may obtain in the future, shall be subject to the Jury Trial Waiver and Arbitration Clause in your Agreement as provided above and in the Agreement. You agree that YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY. This agreement shall apply to all claims, whether under common law or pursuant to federal, state or local statute, regulation or ordinance, or for claims of fraud, misrepresentation or collection on the loan, and you specifically waive your right to bring, join or participate in any class action lawsuit in any federal court.
YOU AND BALANCE CREDIT WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTE(S) BUT HAVE AGREED INSTEAD TO RESOLVE ANY DISPUTE(S) THROUGH ARBITRATION
Finally, to the extent permitted by applicable state and federal law, you agree that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us, our employees, officers, directors, servicers and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit.
YOU THEREFORE AGREE AND ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION RELATED TO THIS AGREEMENT OR THE USE OF THIS SITE.
You agree to pay any attorneys’ fees and court costs we might incur in seeking such relief .
TERMS AND CONDITIONS
You agree to use this Site for lawful purposes only. You are prohibited from using this Site or its content in a manner that would violate any applicable federal, state or local law, regulation, rule or ordinance or that could give rise to any civil or criminal liability .
Information Provided on Website
The contents of this Site, including its look and feel (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under United States copyright, trademark and other intellectual property laws. The contents of the Site belong or are licensed to Balance Credit or its software or content suppliers. We grant you the right to view and use the Site subject to these Terms. You may download or print a copy of information provided on the Site for your personal, non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Site, in whole or in part, for any other purpose, is expressly prohibited without our prior written consent. We neither represent nor warrant that your use of materials displayed at the Site will not infringe rights of third parties. While we use reasonable efforts to include accurate and up-to-date information at the Site, we make no warranties or representations as to the Site’s accuracy. You understand that by posting materials on the Site or otherwise providing materials to Balance Credit, you are granting to Balance Credit a royalty-free, perpetual, irrevocable license to use this information in the course of offering our services. Furthermore, you understand that we retain the right to reformat, excerpt or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom such content originated and that we will not be liable for any errors or omissions in any content.
As a condition of your use of this Site, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Balance Credit or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the Balance Credit network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability. While we use reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. We assume no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.
This Site is not directed at children under the age of eighteen (18) and we do not knowingly collect personal information at this Site from any child under the age of eighteen (18).
Content Submitted or Made Available for Inclusion at the Site
Balance Credit’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, comments, questions or concepts that are offered or communicated to Information gathered through this Site or otherwise shall become the property of Balance Credit and may be treated by Balance Credit as non-confidential and non-proprietary. We shall have the unrestricted right to use and disclose such ideas, suggestions, know-how, comments, questions or concepts for any purpose without compensation or obligation to any party.
Conduct of Site Visitors
Although we may from time to time monitor or review postings, transmissions, and the like on the Site (collectively, “Communication(s)”), we are under no obligation to do so and assumes no responsibility or liability arising from the content of any Communications, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any Communication on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, rule or ordinance. We retain the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing Balance Credit to disclose the identity of anyone posting any such information or materials.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Balance Credit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers or promotions. It is also essential that users review the laws and regulations of the state they reside in prior to participating in any promotions advertised on this Site.
This site may contain links to sites maintained by third parties. We are not responsible for the content of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any party who is associated with those sites. Please note that other websites and web pages linked to this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those websites and web pages when visiting them.
None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) to (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify Balance Credit against any all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
Disclaimers of Warranties
THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY. ADDITIONALLY, WE DO NOT WARRANT THAT THE SITE IS FREE FROM HARMFUL VIRUSES. WE MAY AMEND OR MODIFY THE CONTENT OF THIS SITE WITHOUT NOTICE TO YOU OR ANY LIABILITY TO YOU. YOU USE THIS SITE AT YOUR OWN RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
Limitations of Liabilities
UNDER NO CIRCUMSTANCES WILL BALANCE CREDIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF BALANCE CREDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, ANY LINKED SITE, OR RESULTING FROM A DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, BALANCE CREDIT’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE OR ITS CONTENT SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THE SITE.
By using the Site, you agree to defend, indemnify, and hold harmless Balance Credit from and against any and all losses, claims, damages, costs and expenses (including but not limited to reasonable legal and accounting fees) that we may incur arising or resulting from your use of this Site, the content of the Site, or your breach of these Terms. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion that is unlawful, void or unenforceable shall be stricken from these Terms. You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of Balance Credit’s rights and that those rights or remedies will still be available to Balance Credit. All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of the Terms and the termination of the agreement(s) contained herein. These Terms represent the entire understanding and agreement between you and Balance Credit regarding your use of the Site and supersede all other previous agreements regarding same.
CHANGES TO THIS PRIVACY AND COMMUNICATIONS POLICY AND/OR THE
Balance Credit reserves the right, at its sole discretion, to change, modify, add or remove portions of this Privacy and Communications Policy and/or the PRIVACY NOTICE to reflect changes in our practices and services. When we post changes to this Privacy and Communications Policy and/or our PRIVACY NOTICE, we will revise the “last updated” date at the top of the applicable Policy or NOTICE page. Your continued use of the Site following the posting of changes will constitute your agreement with and acceptance of the changes. If we make any material changes in the way it collects, uses and/or shares personal information that may impact you, we will notify you by sending an e-mail to the e-mail address you most recently provided, by written communication sent by first class mail to a user’s last address in our records and/or by prominently posting notice of the changes to our Website.
If you have any questions about this Site, Privacy and Communications Policy, our PRIVACY NOTICE or our information-handling practices, contact us at: legal @BalanceCredit.com or by phone at 855-942-2526.