Updated August, 2016
"You" or "Your" means you, a participant in or as a user of the kearneylending.com program.
"We" or "Our" or "Us" means kearneylending.com. "Our Website" also means kearneylending.com.
All information transmitted, printed or otherwise submitted to kearneylending.com through this Website remains your property; however, kearneylending.com will be free to use that information for any lawful purpose as detailed below.
This Website contains links to other websites. kearneylending.com is not responsible for the privacy practices or the content of such sites.
Section 1: Collected Information
kearneylending.com automatically collects and/or tracks the following information:
- Information knowingly provided by you through online forms, registration forms, surveys and/or other entries, such as your name, street address, e-mail address, telephone number (home, work and mobile), date of birth, Social Security Number, bank account information, information relating to monthly income, employment information, and other personal, financial or demographic information;
- Web page http headers (home server domain names, IP address, type of client computer, type of Web browser and operating system);
- Information (user-specific or aggregate) concerning the pages our visitors access and referring URLs; and
- The e-mail addresses of visitors who communicate with kearneylending.com via e-mail.
Submitting information to us is voluntary. However, if you would like to receive information on a loan-related product from one of our affiliated third party loan providers (Affiliated Loan Providers), you must submit the required information, even if you do not actually enter into a formal application with any Affiliated Loan Provider.
Please note: We may also collect your personally identifiable information when you submit information at the Website but do not complete the full registration process.
Section 2: Use of Data Collected
We use the information we collect to enhance your experience at our Website and to help us to offer content we determine may be of interest to you. We use your contact information to offer you promotional material from our partners. We may also use your personal, demographic, and profile data to improve our Website, conduct statistical analysis, and for marketing, promotional, editorial, or feedback purposes. Information collected by us may be added to our databases and used for future e-mails or postal mailings of products and services.
Section 3: Disclosure of Data to Third Parties
By using this Website, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do-not-call registry or similar registry. If you choose to provide personal information, it will be used for and/or shared with trusted third parties such as Affiliated Loan Providers and/or other financial service providers, credit bureaus, and for marketing products and services that you might find of interest. We reserve the right to share, rent, sell or otherwise disclose your information with/to third parties in accordance with applicable laws. These third party businesses may include, but are not limited to: providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; e-mail marketers; and telemarketers.
The information we collect may be added to our databases and used for future telemarketing, SMS text-messaging, instant messaging, e-mails or postal mailings regarding site updates, new products and services, upcoming events, and/or status of orders and/or loans placed online.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples may include sending direct mail and e-mail, removing duplicate information from customer lists, analyzing data, and providing marketing analysis. These agents have access to our users’ personal information as needed to perform their functions for kearneylending.com, but we do not permit them to use our users’ personal information for other purposes.
kearneylending.com reserves the right to release current or past user information under the following conditions:
- kearneylending.com believes that the service and/or Website is being or has been used in violation of the Website’s Terms and Conditions or to commit unlawful acts,
- If the information is subpoenaed,
- If kearneylending.com is sold or acquired, or
- When kearneylending.com deems it necessary or appropriate.
By agreeing to these conditions, you hereby consent to disclosure of any record or communication to any third party, when kearneylending.com, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission enabling regulations.
By submitting your information at the Website, you agree to receive mobile marketing including, but not limited to, text-message based marketing from us and our third party advertisers and marketers. Notwithstanding that your mobile telephone number may be listed on state and/or federal do-not-call registries, we retain the right to contact you via text message-based marketing, in accordance with applicable state and federal law. In addition, by registering and/or using the Website, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR 310 et seq.), as amended from time to time (the "Rule"). Even though your telephone number may be listed at the Federal Trade Commission’s Do-Not-Call List, we retain the right to contact you via telemarketing, in accordance with the Rule.
We may use personal information to provide the services you’ve requested, including services that display customized content and advertising. In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. You may opt-out and remove your SMS information by sending "X", "STOP", "END", "QUIT" to the SMS text message you have received. If you remove your SMS information from our database it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you.
Section 4: Information Collection Processes
kearneylending.com may employ "cookies" to help customize your access to the Website. A cookie is a piece of data stored on your hard drive containing information about you. Cookies have many benefits to enhance your experience at our Website. For instance, by setting a cookie on our Website, a user would not need to log in a password more than once, thereby saving time while on our Website. Even in the case where a user rejects a cookie, they may still use our Website. The only drawback to this is that the user will be limited in what he/she can access in some areas on our Website, much like visitor-level access.
In addition to cookies, our Website pages and/or e-mails may contain electronic images known as pixel tags (also known as clear gifs) to track the pages that visitors and/or users visit at the Website for purposes of formatting future campaigns and upgrading visitor information used in reporting statistics. Pixel tags from third parties may also be present on our Website to help determine the effectiveness of a joint promotional or advertising campaign.
kearneylending.commay also allow its partners and advertisers that are presenting advertisements on the kearneylending.com Web Services to set their cookies, or apply web beacons or similar technologies, to your computer. This information may be used to:
- remember the preferences and registration data that you give us;
- authenticate your Screen Name before you can access your Personal Information or Web Services Account for added security
- enable you to participate in certain online activities, such as making sure that each person only votes in an online poll once;
- personalize features of the kearneylending.com Web Services, for example by providing you with customized content or advertisements based on the information you have submitted to us and your activity when using the kearneylending.com Web Services;
- help measure and research the effectiveness of the kearneylending.com Web Services, including collecting statistics on your response to advertisements, e-mail and other communications you receive;
- provide security within shopping baskets or transactions.
You can adjust the settings on your browser to erase or block such technologies from your computer if you want to, but if you do so, you will not be able to use or access the kearneylending.com Web Services.
Section 6: Electronic Disclosure
You are submitting your information to kearneylending.com via the Internet and agree to receive certain notifications, disclosures and/or documents electronically. This Electronic Disclosure and Consent Agreement applies to the information you are providing on this Site and any other communications we or any third parties discussed herein may provide to you. By submitting your information you agree to receive all such notifications, disclosures and/or documents in electronic form or online in accordance with this document. You may withdraw your consent prior to submitting your information by exiting the website or by closing your browser. However, you will not be able to submit your information if you withdraw your consent by exiting the website or closing your browser. In addition, you cannot withdraw your consent after the submission of your information.
To access, view and retain the notifications, disclosures, and/or documents available to you in electronic form, you must have the following hardware and software (the following are recommended hardware and system requirements):
- An Internet browser that supports 128-bit encryption (Microsoft Explorer 6.0 or higher [7.0 or higher recommended], Firefox 1.5 or higher);
- Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit (64mg of memory);
- An e-mail account with an Internet service provider and e-mail software in order to receive electronic communications from us (56k modem);
- A personal computer (equipped with 133Mhz processor and minimum 800 x 600 screen resolution (1024 x 768
screen resolution is recommended), operating system and telecommunications connections to the Internet
capable of receiving, accessing, displaying and either printing or storing Account Documents received from
us in electronic form via a plain text-formatted e-mail or by access to our website using one of the
browsers specified above.
Adobe Acrobat Reader (5.0 or higher).*It is likely that you are already using all the hardware and software you need to access the notifications, disclosures and/or documents electronically as you are accessing this Electronic Disclosure and Consent Agreement via the Internet.
You consent to receive any notifications, disclosures and/or documents in electronic format.
All notifications, disclosures and/or documents that we or any third parties provide to you in electronic format will be provided either (i) via e-mail; (ii) by access to a secure customer service website which will be provided to you in an e-mail notice sent to you when the documents are available; (iii) by posting on this Site; or (iv) by posting on a website designated for that purpose.
All notifications, disclosures and/or documents provided in electronic or paper format from us or any third parties to you will be considered "in writing," and you should print a copy for your records by using the "print" button in your browser.
You are required to provide us with an accurate and complete e-mail address and other required information requested on this Site.
You may obtain any notifications, disclosures and/or documents in paper form without charge from us by printing them yourself from our website or the appropriate third party website when available.
We and any third parties, reserve the right, in our sole discretion, to discontinue electronic provision of notifications and/or documents. You will be provided with notice of any such termination or change as required by law.
You agree and intend the federal Electronic Signatures in Global and National Commerce Act to apply to (i) this Consent to receive notifications, disclosures and/or documents in electronic form; (ii) the information you provide, and (iii) our and/or any third parties’ ability to conduct business with you by electronic means.
To facilitate electronic commerce, to reduce the expense of records storage, and to obtain the benefits of faster access to records, you acknowledge and agree that all records may be stored electronically; and that neither we nor any third parties will retain and have no obligation to retain any original or electronic documents for any period of time beyond the regulatory requirements. This applies to all notifications, disclosures and/or documentation. You further acknowledge and understand that all original and electronic notification, disclosures and/or documentation will be routinely destroyed, but not before the period of time designated by regulatory requirements. Records may be stored electronically via imaging, scanning, filming or other technology used for the storage of documentation via internal processes or third-party processors that we or any third parties approve for these services. You agree that such storage shall be secure, and further agree that such records shall for all purposes be recognized and admissible in evidence or otherwise to prove the agreements, rights and obligations of the parties pursuant to any such records.
By completing and submitting your information, you (i) confirm your consent to receive notifications, disclosures and/or documents in electronic format; (ii) affirmatively demonstrate your ability to access the notifications, disclosures and/or documents in electronic form; (iii) confirm that you have provided a current e-mail address at which electronic notifications can be sent, disclosures and/or documents to you; iv) acknowledge that you have accessed the Consent; and (v) agree to the terms of this Consent.
Section 7: Your Opt-Out Rights
You may opt-out of receiving communications from us and or our third-party partners by not submitting your information. However, during registration and/or when you submit personally identifiable information to us at the Website, you have opted-in to request that we share your personal information (other than your Sensitive Information) with third parties to receive marketing communications. When contacted by any of these companies or third parties, you should notify them directly of your choices regarding their use and sharing of your information. As noted, we use personal information to provide promotional offers by e-mail to our Website users. kearneylending.com may prepare and use separate e-mail lists for different purposes. If e-mail recipients wish to end their e-mail subscription from a particular list, they need to follow the instructions at the end of each e-mail message to unsubscribe from the particular list. To opt-out from receiving any additional e-mail communications regarding the Website, please send your request in writing to us through our contact form.
Section 7.1: Unsubscribe Procedures
If you wish to discontinue receiving email messages from Website, you have several options:
- (a) Unsubscribe from one email list. To unsubscribe from a particular list, either:
- (1) send an email or follow this link and fill out the form.
- (2) follow the instructions in each promotional email message sent by Website.
- (b) Unsubscribe from all of Website email lists. We reserve the right to add Individual Information to multiple lists maintained by Website. To globally unsubscribe from all of Website lists, send an email.
- (c) Unsubscribe from a particular campaign by emailing us here: firstname.lastname@example.org
In addition, if you subsequently sign up at one of our other websites for other product or service offerings, you
will need to again address any information sharing preferences that you had previously established through this
For more information about protecting your privacy, you may wish to visit: www.ftc.gov
Section 8: Third Party Sites
In certain circumstances, kearneylending.com acts as a limited agent for the actual third party lender or seller of the products and/or services available at or through the Website. In these circumstances:
- (a) you will be redirected to the applicable third party lender’s or seller’s website after you have completed entering your information;
- (b) we will collect and send your personal information to the respective third party lender or seller in connection with completing your application or purchase from the third party lenders or seller, as applicable; and
We do not endorse and are not responsible for the accuracy of the privacy policies and/or terms and conditions of each of the third party lenders or sellers that may advertise at the Website. The entities that advertise and/or place banner ads at the Website including, but not limited to, these third party lenders and sellers, are independent third parties and are not affiliated with us.
Section 9: Your Rights to Your Personal Data
Upon receiving your request via postal mail or e-mail, we will provide you a summary of personal information retained by us. We will only send your personal records to your e-mail address or postal address that we have on file for you. To modify, correct, change, update or remove your personal record from our database, send a coorespondence to the Unsubscribe link above.
Section 10: Our Commitment to Children’s Privacy
Protecting the privacy of children is especially important. For this reason, we never collect or maintain personal information at our website from those whom we know are under the age of 18 years old. In the event that information is inadvertently collected from children, it will not knowingly be used for any marketing or promotional purposes whatsoever, either inside or outside of our website. If we obtain actual knowledge that such information has been collected, that information will be immediately deleted from our database. The information and services provided by us or our affiliates, sponsors, and advertisers are not intended to be viewed by persons under 18 years old.
Section 11: Our Right to Contact You
Section 12: Security
All information collected is stored in a technically and physically secure environment. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure its security on our systems. Access to this information is strictly limited, and not accessible to the public. All of our users’ information is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees who do not adhere to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Section 13: Our Right to Change
Section 14: Our Contact Information
Section 15: Information for ISPs
kearneylending.com understands consumers’ concerns over the use of their personal information. We hope this information will relieve any concerns that your company may have regarding our e-mail policies.
kearneylending.com and its affiliated sites use only an "opt-in or opt out" method of obtaining customer information, and it is not our policy to send unsolicited e-mail. We obtain e-mail addresses and personal information from third parties that follow the same set of policies.
kearneylending.com e-mail messages include an unsubscribe link and postal address pertaining to the origin of the e-mails for recipients to remove themselves from future correspondences.
From time to time, kearneylending.com will enter into an arrangement with a third party website to allow individuals to opt into our marketing program on those third party websites. In each case, the third party websites have represented and warranted to us, among other things, that the data was collected voluntarily from individuals on website registrations and co-registrations, that the sellers have a right, under any applicable privacy policies, to transfer the data to us, and that kearneylending.com has the right to send marketing offers to the individuals. We hope this information satisfies any questions or concerns you may have regarding the e-mail practices of kearneylending.com.