TERMS AND CONDITIONS OF USE FOR APPLICANTONE (CREDIT DRIVER)

BY YOUR ACCESSING, USAGE AND INTERACTION WITH OUR PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ALL SERVICES OFFERED ON THIS WEBSITE, AND ANY OTHER WEBSITES OWNED, OPERATED, OR RELATED TO THIS WEBSITE AND OR APPLICANTONE (CREDIT DRIVER), YOU ARE HEREBY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF USE, CONTAINED HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THIS SITE. PLEASE EXIT THIS AND ANY OTHER RELATED SITES, AND DO NOT USE ANY OF THE OFFERED SERVICES IN ANY WAY.

IF YOU ARE USING PRE-SCREENING SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST TWENTY-ONE YEARS OLD, A RESIDENT OF THE UNITED STATES, AND LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Thank you for your use of the products, applications, materials and services (hereinafter, the "Products") offered by ApplicantOne (Credit Driver). ApplicantOne (Credit Driver) is a Florida corporation. Credit Driver is a product offered by ApplicantOne (Credit Driver). The Products are provided by ApplicantOne (Credit Driver), which may also be referred to as "ApplicantOne or Credit Driver."  ApplicantOne (Credit Driver) and its products are separate entities, and not controlled by or operated by the automotive dealership through which you arrived at ApplicantOne (Credit Driver). For purposes of these Terms and Conditions, the automotive dealer from which you arrived at ApplicantOne (Credit Driver) will henceforth be known as the "Dealer."

In addition to the Terms and Conditions contained herein, ApplicantOne (Credit Driver) may offer Products which are subject to additional terms and conditions. These Products are governed by said additional terms and conditions, as well as these Terms and Conditions. If there is a conflict between the terms and conditions contained herein, and the additional terms and conditions will control on those respective Products.

ApplicantOne (Credit Driver) may revise these terms for use of the Products at any time without notice, and by using this site, and the Products, you are agreeing to be bound by the current version of these Terms and Conditions at the time you use the site and/or Products. Any changes to these Terms and Conditions will become effective upon posting.

DESCRIPTION OF SERVICES

ApplicantOne (Credit Driver) may provide you with several financial products, services and offers. When you provide the required information, as described herein and including your name, address and the last four digits of your Social Security Number to ApplicantOne (Credit Driver), you may receive a Firm Offer of Credit ("FOC") from the automotive dealers and/or lending institutions that have permissible purpose to provide loans and other financial products and services The FOC will contain an offer of credit by the automotive dealer and/or lending institutions which will contain a loan amount, loan term, and interest rate.

Level Credit may provide credit monitoring and credit building solution for you to receive credit information, alerts, notification, and credit updates that may be shared with ApplicantOne (Credit Driver).  All use of Level Credit will be managed through your agreement to their Terms and Conditions and considered an independent relationship between you and Level Credit.

PRIVACY POLICY

ApplicantOne (Credit Driver) has provided information on its privacy policy and practices for data security. The Privacy Policy is hereby incorporated by reference into these Terms and Conditions.

ACCOUNT CREATION

By registering and providing the information requested of you in the registration process and elsewhere truly and accurately, you will be creating an account with ApplicantOne (Credit Driver).  ApplicantOne (Credit Driver) will pre-screen you against the dealership’s and/or lenders requirements and provide you with an initial prequalification decision.  The initial prequalification is dependent on submission of a full credit application and validation of additional criteria required by the dealership and/or lender.  You are required to keep any and all information that has been requested of you at any time by ApplicantOne (Credit Driver) fully up to date. By registering for an account, you agree to maintain the confidentiality of your password, and any other confidential account information, and accept any and all responsibility for the security and confidentiality of your password and other confidential account information.

By registering to receive pre-qualification, you are agreeing not to impersonate anyone else, or obtain any information on behalf of anyone else, whether that other person has authorized you to do so or not. You may not assign your account to anyone else. You also agree to notify ApplicantOne (Credit Driver) if you suspect or know of any unauthorized use of your Account, or any known or suspected breach of security, including any loss or theft of your password.

ApplicantOne (Credit Driver) may suspend, revoke, or cancel your account at any time if we suspect that you have provided untruthful or inaccurate information, or if we believe that your account has been compromised. If your account is suspended, revoked or cancelled, you agree to hold us harmless, and that ApplicantOne (Credit Driver) will not be liable to you for any such suspensions, revocations or cancellations.

By registering to receive pre-qualification, you are agreeing that ApplicantOne (Credit Driver) are sole owner of your account.

FAIR CREDIT REPORTING CONSENTS

By registering to receive pre-qualification, you agree that you are providing "written instructions" to ApplicantOne (Credit Driver), data providers, employees, officers, agents, subsidiaries, contractors, affiliates and any other third parties authorized to receive such data, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA) to request, receive, and retain information about you from third parties, including but not limited to a copy of your credit report, and any other relevant credit information. You agree that said information will be utilized by ApplicantOne (Credit Driver) as stated in the Privacy Policy in order to match you with specific Products and Services. You agree that you may receive offers from third parties related to your credit information, and in compliance with our Privacy Policy.

AFFILIATES AND THIRD PARTIES

You agree that ApplicantOne (Credit Driver) is not the source of any information regarding your credit history, or any other information. The credit information is obtained from a third-party credit reporting agency. You also agree that ApplicantOne (Credit Driver) have not and will not make you any offers of credit or automotive financing. Any offers of credit relayed to you through the Products, websites and services are not generated by or offered by ApplicantOne (Credit Driver). We do not control any third-party content, including offers of credit. You expressly acknowledge that we are in no way responsible for your receipt of, use of, or damage resulting from any third-party content. You should review the terms and conditions associated with any third-party content.

The information you provide to ApplicantOne (Credit Driver) will be shared with the data provider, Equifax, and the Dealer. Refer to Equifax and the Dealer regarding their handling of your information. Both the Dealer and Equifax, or other parties related to them, may contact you via telephone, email, mail, or other means of communication. Said communications are not directed or controlled by ApplicantOne (Credit Driver).

ApplicantOne (Credit Driver) may continue to provide the Dealer with information regarding your credit while you have an account and are enrolled in Credit Monitoring/Building from Level Credit. The information which will be provided to ApplicantOne (Credit Driver) and may be provided to the Dealer includes any and all information which is available to you through the Credit Monitoring, including but not limited to your credit score and credit inquiries.

In addition to the above, there may be links within the websites, products or services to third party sites or applications, which ApplicantOne (Credit Driver) does not control or endorse. You expressly consent and agree that ApplicantOne (Credit Driver) is in no way responsible or liable for any third-party content. Any communications, agreements, terms and conditions, and other policies are solely between you and that third party and are in no way related to your agreements or interactions with ApplicantOne (Credit Driver). ApplicantOne (Credit Driver) specifically disclaims all harm that may come to you through your interaction with, or use of any websites, services or products offered by any third parties, including Equifax and the Dealer, including any third-party content that you access through our Products, websites or services.

 

PRE-QUALIFICATION AND AUTHORIZATION

You are providing instructions to ApplicantOne (Credit Driver) to access information in your credit report from one or more consumer reporting agencies such as Equifax, Experian or TransUnion following this loan offer request. ApplicantOne (Credit Driver) may use this information to conduct a pre-qualification for credit through individual end-user such as the dealers, and may send you invitations to apply for, or make follow up loan offers from dealers and its lenders we’ve partner with, and, if you choose to proceed with a loan offer, to pre-fill your loan application and assist the lender in reviewing your loan application; and you agree to authorize ApplicantOne (Credit Driver) to send your personal information to credit data provider and automotive loan providers and dealerships, on your behalf. You further authorize Equifax and the Dealer to obtain and use your consumer credit data with the goal of providing you with automotive credit offers, although there is no guarantee that offers will be made, except for the FOC. You also acknowledge that some data providers may not use consumer credit information that is the most current or recent. You also understand that by registering to receive pre-qualification you are not applying for credit, and that any credit pulls will be soft pulls, which will not affect your credit score. You also acknowledge that if you choose to apply for any offers presented to you, that the provider of credit may run a hard pull on your credit report.

You understand that ApplicantOne (Credit Driver) is not offering credit of any kind to you, and instead the offer originates from the Dealer and/or the Dealer's affiliates.

YOUR CREDIT SCORE

The FOC and information we provide to you and the affiliates are specific to the automotive sales industry. Accordingly, the credit score and information may not be useful for any other industry, like home mortgages. You are entitled by law to receive one free credit report per year from each of the three national credit reporting agencies. For more information about obtaining a credit report for free, visit AnnualCreditReport.com, or the Consumer Financial Protection Bureau.

INTELLECTUAL PROPERTY RIGHTS

ApplicantOne (Credit Driver) own, hold, or license all of the intellectual property utilized on the websites owned and operated by ApplicantOne (Credit Driver), and to all of the other Products, including but not limited to applications. Said intellectual property includes but is not limited to the ApplicantOne (Credit Driver) name, logo, and any and all related logos. The Intellectual Property is protected by U.S. And International intellectual property laws. Technologies and processes embodied or use with the Products, websites and services are covered under one or more patents pending filed by ApplicantOne (Credit Driver), with the United State Patent Trademark Office. You are not permitted to use, copy, reproduce, distribute, display, publish reverse engineer, or transmit any intellectual property as described above without the express, prior, written consent of ApplicantOne (Credit Driver). You are granted no rights to the Intellectual Property.

JURISDICTION AND RESTRICTIONS

The Products, website, and services described herein are directed towards individuals located in the United States. It is not directed towards, nor intended to be used by any person or entity in any jurisdiction, country, or area, where the Products, websites, and services are unavailable or illegal. ApplicantOne (Credit Driver) make no representations or warranties regarding any the Products, websites, and/or services outside of the United States. Usage of the Products, websites and services outside of the United States is done at the risk of such users. ApplicantOne (Credit Driver) may limit access to the Products, websites and services at their own discretion.

MOBILE FEATURES

Some of the Products may be offered on your mobile phone, via mobile applications or mobile websites. Standard messaging, data and other fees may apply, and ApplicantOne (Credit Driver) is not responsible for any such fees. To the extent you install any applications, you consent to the download of any updates to said applications on your computer or mobile device, in addition to any terms of use then in effect and any Additional Terms related to such application or downloadable item.

WARRANTIES AND DISCLAIMERS

THIS WEBSITE, ANY AND ALL RELATED WEBSITES, ANY CONTENT, THE PRODUCTS AND SERVICES, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," BASIS, AT YOUR OWN RISK. NIETHER APPLICANTONE (CREDIT DRIVER), OR ITS AGENTS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR OTHER RELATED PARTIES PROVIDE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED. APPLICANTONE (CREDIT DRIVER) SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION TO THE DISCLAIMERS LISTED ABOVE, APPLICANTONE (CREDIT DRIVER), ITS AGENTS, EMPLOYEES, AFFILIATES, CONTRACTORS, AND OTHER RELATED PARTIES ALSO STATE THAT THEY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS, THAT:

THE CONTENT PROVIDED IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE;
THE PRODUCTS, WEBSITES, AND SERVICES WILL MEET YOUR REQUIREMENTS;
USAGE OF THE PRODUCTS, WEBSITES, OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY OR SECURE;
THE QUALITY OF ANY CONTENT, PRODUCTS, WEBSITES OR SERVICES;
THAT ANY UPDATES TO THE WEBSITE, PRODUCTS, OR SERVICES WILL BE MADE, OR ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED.

YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR ANY CONSEQUENCES INCURRED BY ACCESSING THE WEBSITE, USING THE PRODUCTS OR SERVICES, OR IN ANY OTHER WAY INTERACTING WITH APPLICANTONE (CREDIT DRIVER), INCLUDING BUT NOT LIMITING TO ASSUMING ALL RISK AND ALL LIABILITY, AND TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT APPLICANTONE (CREDIT DRIVER) IS AN INTERMEDIARY BETWEEN YOU AND THE DATA PROVIDER AND YOU AND ANY END USER, AND THAT ANY INFORMATION CONTAINED IN THE PRODUCTS, WEBSITES OR SERVICES HAS BEEN PROVIDED TO APPLICANTONE (CREDIT DRIVER) BY THE DATA PROVIDER, YOU, AND THE THIRD PARTY END USERS. ACCORDINGLY, APPLICANTONE (CREDIT DRIVER) EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS IN CONTENT OR INFORMATION, AND THE RESULTS OF OF ANY ERRORS IN CONTENT OR INFORMATION PROVIDED TO APPLICANTONE (CREDIT DRIVER), INCLUDING, BUT NOT LIMITED TO, THE INACCURACY OR INCOMPLETENESS OF ANY CREDIT REPORTS, CREDIT SCORES, QUOTES, OFFERS AND ANY OTHER TERMS PROVIDED, THE AVAILABILITY OR LEGALITY OF ANY OFFERS MADE FROM ANY THIRD PARTIES, OR ANY OTHER TECHNICAL INACCURACIES OR TYPING ERRORS.

YOU FURTHER AGREE THAT NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES OR ANY KIND HAVE BEEN MADE TO YOU OUTSIDE OF THESE TERMS AND CONDITIONS, THE ADDITIONAL TERMS, OR PRIVACY POLICIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM APPLICANTONE (CREDIT DRIVER), AND/OR ITS AGENTS, EMPLOYEES, OFFICERS, CONTRACTORS, OR OTHER RELATED PARTIES CREATE ANY WARRANTIES OR GUARANTIES BETWEEN YOU AND APPLICANTONE (CREDIT DRIVER). NOTHING CONTAINED IN THIS SECTION AFFECTS WARRANTIES WHICH ARE NOT DISCLAIMABLE IN YOUR JURISDICTION.

LIMITED LIABILITY

UNDER NO CIRCUMSTANCES WILL APPLICANTONE (CREDIT DRIVER), ITS EMPLOYEES, AGENTS, CONTRACTORS, OR OTHER RELATED PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY CLAIM, OR ANY OTHER CLAIM AVAILABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES AVAILABLE, RELATED TO OR ARISING IN ANY OUT WHATSOEVER OUT OF ACCESS TO, USAGE OF, OR RELIANCE ON ANY PRODUCTS, WEBSITES OR SERVICES PROVIDED BY APPLICANTONE (CREDIT DRIVER), EVEN IF APPLICANTONE (CREDIT DRIVER) HAS BEEN ADVISED REGARDING THE POSSIBILITY OF SAID DAMAGES. YOUR USE OF THE PRODUCTS, WEBSITES AND SERVICES ARE AT YOUR OWN RISK. THE POTENTIAL CLAIMS AND MATTERS DISCLAIMED BY APPLICANTONE (CREDIT DRIVER) INCLUDE BUT ARE NOT LIMITED TO:

YOUR INABILITY TO USE OR ACCESS THE PRODUCTS, WEBSITES AND SERVICES, OR THE SERVICES OF ANY RELATED THIRD PARTIES;
ANY FAILURE OF PERFORMANCE OF THE PRODUCTS, WEBSITES AND SERVICES, INCLUDING BUT NOT LIMITED TO TECHNOLOGY ERRORS CAUSED BY THE PRODUCTS, WEBSITES AND SERVICES, AND TECHNOLOGY ERRORS AS A RESULT OF RELATED AND UNRELATED THIRD PARTIES, ANY DELAYS IN TRANSMISSION, ANY COMPUTER VIRUS OR OTHER SYSTEM FAILURE;
ANY FAILURE OF PERFORMANCE OF THE PRODUCTS, WEBSITES AND SERVICES CAUSED OR CONTRIBUTED TO AS A RESULT OF ANY MISTAKES, OMISSIONS, OR DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM THE USER, ANY DELAY, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, ALTERATION OF, OR USE OF RECORDS, PROGRAMS, FILES, THE PRODUCTS, WEBSITES, OR SERVICES WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TECHNOLOGY FAILURE, THEFT, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PRODUCTS, WEBSITES AND SERVICES
ANY COST ASSOCIATED WITH SUBSTITUTE GOODS OR SERVICES AS A RESULT OF ANY OF THE ABOVE DESCRIBED FAILURES;
ANY COMMUNICATIONS, TRANSMISSIONS, DATA, INFORMATION, OR MESSSAGES PURCHASED OR OBTAINED THROUGH THE PRODUCTS, WEBSITES AND SERVICES;
ANY DELAY, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS, ALTERATION, OF, OR USE OF ANY RECORDS, PROGRAMS, FILES, OR OTHER INFORMATION OF YOUR DATA OR INFORMATION;
COMMUNICATIONS, STATEMENTS, BEHAVIOR, OR CONDUCT OF ANYONE USING THE PRODUCTS, WEBSITES OR SERVICES;
ANY ISSUES OR CLAIMS ARISING OUT OF ANY THIRD PARTY PRODUCTS, WEBSITES OR SERVICES, WHETHER OR NOT THEY ARE RELATED TO APPLICANTONE (CREDIT DRIVER);
ANY ISSUES OR CLAIMS ARISING OUT OF OR RELATED TO IN ANY WAY THE PRODUCTS, SERVICES, OR WEBSITES.

YOU AGREE THAT YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE PRODUCTS, WEBSITES AND/OR SERVICES IS TO STOP USING THE PRODUCTS, WEBSITES AND SERVICES. IF YOU HAVE CREATED AN ACCOUNT, YOUR SOLE REMEDY IS TO CANCEL AND/OR TERMINATE THAT ACCOUNT.

YOU AGREE THAT IN NO EVENT WILL APPLICANTONE (CREDIT DRIVER)'S TOTAL LIABILITY EXCEED $10,000 FOR ANY LOSSES, CLAIMS, OR CAUSES OF ACTION OF ANY KIND.

YOU AGREE TO WAIVE ANY AND ALL UNKNOWN CLAIMS, AND YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS, CLAIMS, OR CAUSES OF ACTION REGARDING CLAIMS THAT ARE UNKNOWN, UNSUSPECTED, OR NOT IN EXISTENCE AT THIS TIME, AND IN ACCORDANCE WITH SUCH WAIVER, YOU WAIVE THE REMEDIES WHICH MAY BE AVAILABLE TO YOU UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR," AND ANY CORRESPONDING AND/OR SIMILAR RIGHTS PROVIDED IN OTHER JURISDICTIONS.

IF ANY PARTICULAR LIMITATION OF LIABILITY LISTED ABOVE IS NOT PERMITTED IN YOUR JURISDICTION, THESE DISCLAIMERS MAY NOT APPLY TO YOU. FURTHER, IF ANY OF THE ABOVE DISCLAIMERS IS FOUND TO NOT BE VALID IN ANY JURISDICTION, THE VALIDITY OF THE OTHER DISCLAIMERS IS NOT AFFECTED. IF ANY OF THE ABOVE DISCLAIMERS ARE FOUND TO BE INVALID, APPLICANTONE (CREDIT DRIVER)'S TOTAL LIABILITY WILL NOT EXCEED THAT ALLOWABLE BY APPLICABLE LAW.

GOVERNING LAWS AND DISPUTE RESOLUTION

You agree that the laws of the State of Florida, excluding any conflicts of law provisions, will apply to any disputes arising out of any occurrence related to your usage or interaction with the Products, websites, and/or services. All claims related to these Terms and Conditions, the Privacy Policy, any additional terms, or any usage whatsoever of the Products, websites and services will be litigated exclusively in state court or federal court, as appropriate, in Polk County, Florida. Further, you submit to personal jurisdiction in state and federal court in Polk County, Florida, relating to any claims regarding these Terms and Conditions, the Privacy Policy, any additional terms, or any usage whatsoever of the Products, websites and services.

Prior to the initiation of any litigation, or within 30 days after the service of any lawsuit or claim, either party may request mediation of any and all disputes between the parties regarding these Terms and Conditions, the Privacy Policy, any additional terms, or any other disputes governed by these Terms and Conditions as follows: The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by mediation, which shall be conducted under the then current mediation procedures of a registered and licensed mediator and/or mediation agency in Polk County, Florida, which lists civil mediation and/or business mediation as an area in which it performs mediation. This includes but is not limited to court appointed mediators and private mediators. The parties further agree to participate in the mediation process in good faith.

Either party may commence mediation by providing the other party with written notice, setting forth the subject of the dispute, claim or controversy and the relief requested, either prior to the outset of any litigation, or within 30 days after service of any lawsuit or claim by any court or administrative agency. Costs are to be bared by the party initiating the mediation.

The parties further agree that any mediation constitutes a settlement negotiation, and any and all discussions had there, any evidence produced, and any statements made are confidential and inadmissible in any other proceeding, save for the terms and conditions of any settlement agreement entered into by all parties, and only then for the purposes of enforcement of any settlement agreement.

Invocation of this mediation provision, and successful initiation of the mediation will act as a stay on all court proceedings until the mediation is reported as concluded.

INDEMNIFICATION

You agree to defend, indemnify and hold ApplicantOne (Credit Driver) harmless, including its owners, officers, directors, employees, agents, licensors, contractors, subsidiaries, parent companies, and all other related parties, from any and all claims, actions, suits, liabilities, and settlements, including reasonable attorney fees and accounting fees, resulting from for your violation of these Terms and Conditions, or any additional terms. To the extent yourself and ApplicantOne (Credit Driver) are co-litigants in any action, you will not settle any such claim without the express written consent of ApplicantOne (Credit Driver) as is applicable. ApplicantOne (Credit Driver) reserve the sole and exclusive right to control the defense of any matter related to this indemnification provision.

SEVERABILITY AND VOIDABLE PROVISIONS

To the extent any of the above terms are currently or later found to be unenforceable for any reason, those terms are fully severable from these Terms and Conditions, and any and all other terms will remain unaffected. You agree that to the extent any of the above terms are at the time any dispute arises considered unconscionable, or deceptive, said terms are considered void ab initio only as relating to the specific entities and dispute involved.

ENTIRE AGREEMENT AND MISCELLANEOUS

You agree that these Terms and Conditions, as well as any other documents and agreements incorporated by explicit reference herein, including but not limited to any additional terms, and the Privacy Policy, constitute the entire agreement between yourself and ApplicantOne (Credit Driver). You further agree that no other representations, oral or written, have been relied upon by you in choosing to utilize the Products, websites and services. You further agree that the failure of ApplicantOne (Credit Driver) to act upon any breach of these Terms and Conditions by you does not constitute a waiver of any such rights in the future.

If you believe that your intellectual property rights have been violated, please notify us using the contact information provided below.

CONTACT US

If you have any questions regarding the terms or practices of ApplicantOne (Credit Driver), please contact us by e-mail at help@CreditDriver.com or by regular mail at ApplicantOne (Credit Driver), 180 Fitzgerald Rd. Suite 1 Lakeland, FL 33813 – Attn: Data Access CCPA Request

 



CREDIT DRIVER Privacy Policy

Effective Date: April 27, 2021

Lasted Updated: April 27, 2021

ApplicantOne, Inc.d/b/a Credit Driver ("Credit Driver") is committed to protecting your privacy. This Privacy Policy describes to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at www.CreditDriver.com ("Site") and the services made available through the Site ("Services"). Additional policies and a description of the services are provided in the CreditDriver Terms of Service which also define the usage and restrictions of our Services.

User Consent

By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy.

 

Types and Use of Data We Collect

Credit Driver collects the following Personal Data from you when you sign up and use our Services;

·        Contact Information - name, email address, mailing address, phone number, etc. Identity

·        Verification Information - Social Security Number, date of birth, etc.

·        Payment Information - credit card or bank account numbers, billing addresses, etc.

·        Additional information provided by using our services or via feedback and contacting us such as, but not limited to; gender, salary, demographic data, marital status, loan and credit card monthly payment, total amount and interest rates, home value, etc…

Other Information We Collect Online

Other Information is any information other than Personal Information that does not reveal your specific identity or does not directly relate to an individual, such as:

·        Browser information

·        Information collected through cookies, web beacons, and other technologies

·        Demographic information and other information provided by you such as your date of birth or household income

·        Aggregated and De-identified data

Information Obtained from Third Parties

If you provide us personal information about third parties, or if third parties give us your information, we will only use that information for the specific reason for which it was provided to us. This includes information from credit bureaus, financial institutions, or other sources used to enhance use of our Services.

Use of Your Data

In general, Personal Data is used in the following ways: to provide you with the Services to personalize and better tailor the features, performance and support of the Services for your use to send you administrative notifications, such as security or support and maintenance advisories to respond to your inquiries or other requests to send you promotional/marketing information, newsletters, surveys, offers or other information to provide you with opportunities and functionality that we think would be of particular interest to you to improve the quality of the Site and the Services, to analyze, benchmark and conduct research on, user data and user interactions with the Services to conduct market research, planning, troubleshooting, planning problems, detecting and protecting against error, fraud, or other criminal activity to solicit your feedback. Other information Credit Driver uses (such as browser information, cookies, etc…) is aggregated data for general purposes; to customize the content you see, improve our services, develop new services, and conduct research. Again, none of this data is tied to your personally identifiable information.

Disclosure of Your Personal Data

Forums, Message Boards and Chats

We may make message boards, chat rooms, and other interactive forums available on the Services. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

 

Other Disclosures

Regardless of any choices you make regarding your Personal Data (as described below), Credit Driver may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Credit Driver or (b) protect or defend the rights or property of Credit Driver or other users of the Services.

Third Parties

Links to Third Party Websites

The Services may link to websites operated by third parties that we do not control. Our provision of such links is for your convenience and does not signify our endorsement of such other website or location or its products, services, or contents. When you click on such a link, you will leave our site and go to another site. During this process, any Personal Data submitted by you to any of those sites is governed by their privacy statements. We encourage you to carefully read the privacy statement of any websites you visit. Please be aware that the terms of this Privacy Policy do not apply to these outside websites, or to any collection of data after you click on links to such outside websites.

 

Disclosure to Third Party Service Providers

We may employ, and share your Personal Data with, third party companies and individuals ("Service Providers") to facilitate or enhance our Site or Services, to provide the Services on our behalf, to perform tasks, or to assist us in analyzing how our Services are used. These third party service providers are required not to use or disclose your Personal Data other than to provide the services requested by us. You expressly consent to the sharing of your Personal Data with our Service Providers for the sole purpose of providing services requested by us.

 

Disclosure to Third Party Companies

We may enter into agreements with Third Party Companies. A Third Party may want access to Personal Data that we collect from its customers. As a result, we may disclose your Personal Data to a Third Party Company; however, we will not disclose your Personal Data to Third Party Companies for the Third Party Companies’ own direct marketing purposes, unless you have "opted-in" by following the instructions we provide to allow such disclosure. If you have opted-in to receive email communications from a Third Party Company and later wish to discontinue receipt of these emails, please contact the Third Party Company directly to update your preferences. The privacy policies of our Third Party Companies may apply to the use and disclosure of your Personal Data that we collect and disclose to such Third Party Companies. Because we do not control the privacy practices of our Third Party Companies, you should read and understand their privacy policies.

 

Advertising

We may have agreements with companies that serve advertising on the Services on behalf of third parties.

 

Choices and Opt-Out

We offer you choices regarding the collection, use, and sharing of your Personal Data. We may periodically send messages via email, telephone, postal mail, or SMS that notify you of updates to your progress through the Site or Services or when you reach a goal/target. In addition we may provide you with updates regarding the Site or Services, and directly promote the use of the Site or Services and may contain advertisements for Third Party Companies. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by contacting us directly (please see contact information below) or within your defined preferences.

Security of Your Personal Data

Credit Driver is committed to protecting the security of your Personal Data. We use a variety of industry-standard physical, electronic, and procedural safeguards to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. From the time you login to our Site, communications between your computer and our Site are encrypted using secure socket layer (SSL) technology. While Credit Driver uses these and other reasonable efforts to protect your Personal Data, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, Credit Driver cannot guarantee absolute security of your Personal Data.

Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, contact us by email at help@CreditDriver.com.

Contact Information

Credit Driver welcomes your comments or questions regarding this Privacy Policy. Please email us at help@Credit Driver.com or contact us at the following address:

ApplicantOne, Inc.d/b/a Credit Driver

Attn: Customer Service
180 Fitzgerald Road, Suite 1

Lakeland, FL  33813

Changes to This Privacy Policy

This privacy policy may be modified from time to time to comply with applicable laws or to conform to our current business practices. If we modify this privacy policy, we will notify you by sending you an email and/or by prominently posting notice of the changes on our Site. We encourage you to revisit the Privacy Statement that is posted on our web site from time to time to check for updates. This Privacy Policy was last revised on April 29, 2021.

California Privacy Disclosures

This Privacy Notice for California Residents below supplements the information contained in Credit Driver's Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (" personal information"). In particular, Credit Driver's website or platform has collected the following categories of personal information from its consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

NO

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

YES

Personal information does not include:

·         Publicly available information from government records.

·         Deidentified or aggregated consumer information.

·         Information excluded from the CCPA's scope, like:

o    health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

o    personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Credit Driver obtains the categories of personal information listed above from the following categories of sources:

·         Directly from you. For example, from forms you complete or products and services you purchase.

·         Indirectly from you. For example, from observing your actions on our Website.

·         Customer Relationship Management platforms.

Use of Personal Information

We may use, sell, or disclose the personal information we collect for one or more of the following business purposes:

·         To fulfill or meet the reason you provided the information.

·         To create, maintain, customize, and secure your account with us.

·         To process your requests, purchases, transactions, and payments and prevent transactional fraud.

·         To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

·         To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

·         To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

·         For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.

·         To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

·         As described to you when collecting your personal information or as otherwise set forth in the CCPA.

·         To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Credit Driver's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Credit Driver about our Website users is among the assets transferred.

Credit Driver will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

Credit Driver may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

·         Service providers.

·         Data aggregators.

·         Customer Relationship Management platforms.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category H: Sensory data.

Category I: Professional or employment-related information.

Category J: Non-public education information.

Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties:

·         Service providers.

·         Customer Relationship Management platforms.

Sales of Personal Information

In the preceding twelve (12) months, Company has not sold personal information/has sold the following categories of personal information:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category H: Sensory data.

Category I: Professional or employment-related information.

Category J: Non-public education information.

Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties:

·         Service providers.

·         Customer Relationship Management platforms.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Credit Driver disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

·         The categories of personal information we collected about you.

·         The categories of sources for the personal information we collected about you.

·         Our business or commercial purpose for collecting or selling that personal information.

·         The categories of third parties with whom we share that personal information.

·         The specific pieces of personal information we collected about you (also called a data portability request).

·         If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

o    sales, identifying the personal information categories that each category of recipient purchased; and

o    disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that Credit Driver delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1.   Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

2.   Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3.   Debug products to identify and repair errors that impair existing intended functionality.

4.   Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5.   Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

6.   Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

7.   Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8.   Comply with a legal obligation.

9.   Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

·         Calling us at (844) 503-1010

·         Email: help@CreditDriver.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

·         Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

·         Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically a CSV file.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by:

Email: help@CreditDriver.com

Telephone: (844) 503-1010

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by:

Email: help@CreditDriver.com

Telephone: (844) 503-1010

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

·         Deny you goods or services.

·         Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

·         Provide you a different level or quality of goods or services.

·         Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

LOYALTY PROGRAMS: However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to help@CreditDriver.com or call us at: (844) 503-1010

Changes to Our Privacy Notice

Credit Driver reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Credit Driver collects and uses your information described below your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (844) 503-1010

Website: www.CreditDriver.com

Email: help@Credit Driver.com

Postal Address:

ApplicantOne, Inc.d/b/a Credit Driver
Attn: Data Access CCPA Request
180 Fitzgerald Road, Suite 1

Lakeland, FL  33813