Elsker Inc. (“Upfront”) maintains this website (the “Site”) and associated service for information and communication purposes, as well as for purposes associated with automobile loans (the “Service”). Upfront is committed to protecting the privacy of information submitted through the Service. This privacy statement (the “Privacy Statement”) summarizes the various ways that Upfront handles personally identifiable and other information about you and your computer or device when you access, visit, or use Upfront, and how Upfront uses and protects such information.
When you use Upfront to view and accept refinance offers, we collect the personal information you give us such as your name, address, date of birth, phone number, income information and email address (collectively, “Personal Information”), with your specific knowledge and consent.
When you browse our Site, we also automatically receive your computer’s Internet Protocol (“IP”) address in order to provide us with information that helps us learn about your browser and operating system.
When you provide us with personal information to view offers, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
Phone and Email communication: You agree and consent to Upfront contacting you by telephone. Upfront may send you emails about our offers and other updates at the email address you provide.
Text Message Policy: By providing your cell phone number, you have provided us with consent to send you text messages in conjunction with the services you have requested. You understand that text messages may be seen by anyone with access to your phone and data rates may apply to text messages.
Electronic Signatures: Your consent allows Upfront to obtain and rely on your electronic signature(s).
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Your data is stored by Upfront on a secure server behind a firewall. Security is discussed below in Section 7.
We may automatically collect the following types of information as you use our Site and Services. We use commonly used information-gathering tools, such as cookies, to collect information as users navigate the Services.
Usage Information: We collect certain information automatically through your use of the Site, such as which of our web pages you access, the frequency of access, and what you click on while on our Site. Location Information: We may collect information about your actual location which may be determined from: IP address, GPS, and other sensors that may reveal information on nearby devices, Wi-Fi access points, and cell towers. Device Information: We may collect information about the device you are using such as: hardware model, operating system, application version number, browser, and IP addresses. Mobile Device Information: In addition to the Device Information listed above, when you access our Site or Services via a browser on your mobile device, we may also collect mobile network information including phone number, the unique device identifier assigned to that device, mobile carrier, operating system, and other device attributes.
Session Cookies: We use session cookies to make it easier for you to navigate our Site. The session ID cookie expires 24 hours after you sign in to our Site. Persistent Cookies: We use persistent cookies that remain on your hard drive for an extended period of time. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our Site. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. If you reject cookies, you may still use our Site, but your ability to use some areas of our Site may be limited. For example, you cannot create an account with us or take out a loan or other product without accepting cookies.
We may use a software technology called tracking pixels (a.k.a. web beacons or clear gifs) that help us better manage content on our Site by informing us what content is most effective. Tracking pixels are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on Web pages and are about the size of the period at the end of this sentence.
We may also use other website or mobile tracking technologies, such as device fingerprinting, to identify you and keep track of your preferences, prevent fraudulent activity or improve Site security, assess the performance of the Site, and deliver content to you based on your interests on our site and third-party sites.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. Some of these third parties may provide you with ways to choose not to have your information collected or used for targeted advertising.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers have their own privacy policies in respect to the information we are required to provide to them for your credit-related purposes.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. Additionally, the use of third-party cookies is subject to the privacy parties of these third parties and Upfront has no liability relating to the use of the third-party cookies. If you do not want these services, you may be able to opt out by visiting http://www.aboutads.info and/or www.networkadvertising.org.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
When you click on links on our website, they may direct you away from our Site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption.
Your information may be transferred to, and maintained on, servers and database located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as your jurisdiction. Please be advised that Upfront may transfer your information to and from any state, province, country, or other governmental jurisdiction and process it in the United States or elsewhere. Upfront may transfer any information that Upfront has about you in connection with a change in corporate control, including transfers made as part of insolvency of bankruptcy proceedings including all or part of Upfront or as part of a corporate reorganization or stock sale.
Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all security requirements and implement additional generally accepted industry standards. Upfront notes that no system of electronic security is impenetrable and Upfront cannot guarantee the security of the information that you send to us or the security of our servers, networks, or databases. Therefore, by using the Service, you agree to assume all risk in connection with the information sent to us or collected by us when you access, visit, and/or use the Service. This includes, without limitation, any personally identifiable information that you provided to Upfront. Upfront is not responsible for any loss of such information or the consequences thereof.
Please further note that, in the event that you choose to store information, such as your personally identifiable information, where others may access it, Upfront is not responsible for any loss of such information or the consequences thereof. If you lose a computer, mobile or other device, or it is stolen, that contains your personally identifiable information or other information, it is up to you to take all the steps necessary to protect yourself.
In the unlikely event that Upfront believes that the security of your information in Upfront’s possession or control may have been compromised, Upfront may seek to notify you if notification is required under the law of your state. If notification is appropriate, Upfront may notify you via your computer, mobile or other device.
By using this Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. The Upfront website is not intended for use by children, especially those under age 18. No one under the age of 18 is allowed to use the Service.
We do not knowingly collect personal information from children under the age of 13. If we obtain knowledge that we have personally identifiable information about a child under 13 in retrievable form in our files, we will delete that information from our existing files.
If you suspect that someone has had unauthorized access to the information you provided to Upfront, or any accounts with Upfront, or access to your personally identifiable information, you should report this crime to your local law enforcement agency and to the Federal Trade Commission (FTC). To speak with a trained FTC telephone counselor, call toll-free: 1-877-IDTheft (1-877-438-4338). Or, to enter information about your complaint into a secure FTC online database, visit www.consumer.gov/idtheft.
The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include information publicly available, deidentified or aggregated information. For purposes of this “NOTICE TO CALIFORNIA RESIDENTS” section we will refer to this information as “Personal Information.”
Right to Know About Personal Information Collected, Disclosed, or Sold
If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you in the 12-month period preceding your request. This right includes the right to request any or all of the following:
The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.
Collection of Personal Information
We collected the above Personal Information for the following business or commercial purposes:
Disclosure or Sale of Personal Information
Category of Personal Information:
Category of Service Providers:
Category of Third Parties:
In addition, when you apply for a loan using our Services, you must agree to our Terms of Service, in which you will consent to the disclosure of your Personal Information to other entities, such as financial institutions, as part of your application process. In so doing, you are directing us to intentionally disclose your personal information and using us to intentionally interact with third parties. If you do not consent to these transfers, do not use our Services.
We do not knowingly collect or sell the Personal Information of minors under 16 years of age.
Right to Request Deletion of Personal Information
If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected or maintain. However, per the CCPA, we are not required to comply with a request to delete if it is necessary for us to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
How to Submit a Request to Know or Delete
You may submit a request to know or delete by emailing email@example.com. If you submit a request to delete online, you may be asked to confirm separately that you want your Personal Information deleted.
Our Process for Verifying a Request to Know or Delete
We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.
For requests to access categories of Personal Information and for requests to delete Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.
For requests to access specific pieces of Personal Information or for requests to delete Personal Information that is sensitive and poses a risk of harm by unauthorized deletion, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.
Right to Opt-Out of Sale of Personal Information
If you are a California resident, you have the right to direct us to stop selling your Personal Information. To opt-out of our use of third-party advertising Cookies you may submit a request by emailing us at firstname.lastname@example.org.
Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights
We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.” As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.
If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.
Shine the Light Law
If you are a California resident, California Civil Code § 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third-parties’ direct marketing purposes (as those terms are defined in that statute). To make such a request, please send an email to email@example.com.
Questions and contact information
If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at firstname.lastname@example.org.
Last Updated: July 2021