Last Revised: October 22, 2026
ConsumerDirect, Inc. (“ConsumerDirect” or “we” or “us”) provides various products to enable consumers to educate themselves about and take control of their money, credit, and privacy. As a company focused on empowering consumers, we are dedicated to safeguarding your privacy and responsibly managing your personal information. This Global Privacy Policy outlines your privacy choices and rights and details how we collect, use, and disclose your personal information when you interact with one or more of our websites and mobile applications, including without limitation: SmartCredit, The Lending Score, and Hogo, and any products or services offered in connection therewith (each of the foregoing, a “Product” and collectively, the “Products”).
Below is a Table of Contents with a brief summary explaining the topics covered by each Section of this Privacy Policy. You may click on the links below to jump to any Section. You should read the entire Privacy Policy and should not rely on the following summaries. If you have any questions, please use our contact form by clicking on Contact Us in the Help Center on our website or in any of our Apps.
| 1. GENERAL APPLICABILITY OF PRIVACY POLICY | This Privacy Policy applies to specified individuals. It does not extend to third parties who may also collect your personal information. |
| 2. PRODUCTS FOR ADULTS LOCATED IN THE UNITED STATES ONLY | Our Products are intended only for users in the United States who are 18 years of age or older. |
| 3. PERSONAL INFORMATION THAT WE COLLECT | We describe the personal information that we collect about you. |
| 4. HOW WE COLLECT YOUR PERSONAL INFORMATION | We explain the ways in which we collect personal information about you. |
| 5. HOW WE USE AND DISCLOSE YOUR INFORMATION | We describe how we use and disclose your personal information. |
| 6. YOUR RIGHTS AND CHOICES | You have opt-out rights with respect to certain uses and disclosures of your personal information. |
| 7. UPDATING OR CORRECTING PERSONAL INFORMATION | You can review and update or request to correct your personal information that we control. |
| 8. DATA SECURITY | We have developed a formal data security program to safeguard personal information that we collect and process. |
| 9. CHANGES TO OUR PRIVACY POLICY | We may make changes to this Privacy Policy and describe how we may give you notice. |
| 10. FOR USERS OUTSIDE OF THE UNITED STATES | If you access any Products from outside of the United States, you are assuming certain risks with respect to your personal information. |
| 11. STATE PRIVACY RIGHTS | You may have certain additional rights depending on your state of residence. |
| 12. DISPUTES; APPLICABILITY OF TERMS OF USE AND SERVICE AGREEMENT; ARBITRATION AGREEMENT | Our Terms of Use and any applicable Service Agreement govern your use of the Products and any disputes arising out of the Privacy Policy. THIS PRIVACY POLICY IS SUBJECT TO AN ARBITRATION AGREEMENT. |
| 13. CONTACT US | You may contact us with any questions or concerns. |
This Privacy Policy applies to (i) individuals who visit our website or download any of our Apps, even if they do not enroll in any Product, (ii) current and former users of our Products, and (iii) individuals acting on behalf of a business with which we interact.
This Privacy Policy applies only to your personal information (as defined in Section 3) that we collect and process. It does not apply to information collected by any third party. Some content linking to the Products, and some features accessible through the Products, are served by third parties, including advertisers, ad networks and servers, partners offering financial or other products or services, analytics companies, your device manufacturer, mobile or internet providers, and content and service providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect your personal information in connection with your use of the Products. Without limiting the foregoing, such third parties may collect information, including personal information, about your online activities over time and across different websites and other online services. Such third parties may use this information to provide you with interest-based (cross-context behavioral) advertising or other targeted content. We do not control independent third-party tracking technologies or how they may collect or use your information. If you click on or otherwise interact with a third-party content, advertisement, or offer, the third party may assume that you meet its target criteria, and any information you share in connection with the advertisement or offer, and any information otherwise collected by such advertiser or partner in connection therewith, will be shared with or collected by such third party and will be governed by such third party’s own privacy policy. You should consult with any such third party directly regarding their information collection and usage terms.
Third-party content may redirect you to another website or it may be displayed natively within the Product (e.g. through a widget or API). Third-party content can generally be identified by one or more of the following:
The Products are not intended for persons under 18 years of age. We do not knowingly collect or process personal information of persons under the age of 18. If you are a parent or guardian and you believe we might have any personal information from or about your child, please contact us at [email protected].
Our Products are not intended for use or access by persons who are not located in the United States. You acknowledge that you may not be able to access the Products outside of the United States, and access thereto may not be legal in certain countries. If you access the Products from outside the United States in violation of this policy, you are responsible for compliance with local laws.
We collect and use information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household ("personal information"). Personal information does not include:
The particular personal information we collect about you will depend on your relationship with us and which Products, if any, you use, and how you otherwise interact with us if you do not use any of our Products. The general categories of personal information we may collect are as follows:
Except as otherwise expressly set forth in this Privacy Policy, we retain personal information for as long as necessary to fulfill the purposes for which it was collected, including to provide Products to our users, to comply with legal obligations, to resolve disputes, and to enforce our agreements. We retain account data for as long as the account is active, and thereafter for as long as we may deem appropriate in order to better serve our customers who reactivate their accounts, unless we receive a valid deletion request that is not subject to any exception. We retain contact information indefinitely for marketing and remarketing purposes, unless the consumer opts out of marketing.
We generally do not collect information regarding your: precise geolocation, racial or ethnic origin, citizenship or immigration status, religious or philosophical beliefs, union membership, genetic data, neural data, unique identifying biometric information, or sexual orientation.
We collect personal information about you in the following ways:
We collect personal information that you provide directly to us on or through the Products, as follows:
We also collect personal information that you provide directly to us when you interact with us on behalf of a business.
When you download, access, or use the Products, we may use technology to automatically collect:
We may also collect the foregoing information automatically when you communicate with us electronically, even if you do not use the Product.
The technologies we use for this automatic data collection may include, without limitation:
We collect certain information about you from third parties, including:
We may use and disclose your personal information for our business and commercial purposes. In particular, we may use your personal information to:
We may disclose your personal information to the following categories of persons:
You have rights and choices regarding marketing communications and the sale and sharing of your personal information. In particular:
If you access any of our Products through an App, you can choose whether to allow the App to collect and use real-time information about your device’s location through your device’s privacy settings. If you block the use of location information, the App may become inaccessible or not function properly.
If provided in the applicable Product, credit information is provided by one or more of the three major Credit Reporting Agencies. If you believe there are errors or inaccuracies in your credit report, contact the applicable Credit Reporting Agency directly, or you may contact the furnisher of the information directly. The Consumer Financial Protection Bureau provides information on how to dispute credit information, which as of the date of this Privacy Policy is accessible at the following link: https://www.consumerfinance.gov/ask-cfpb/how-do-i-dispute-an-error-on-my-credit-report-en-314/.
You can review your personal information by logging into the applicable Product or by contacting us. You may request that we update, modify, or correct any personal information that we have collected about you through the applicable Product or by contacting us at [email protected]. Please note, we are not able to update, modify, or correct, personal information about you that we do not control. We may not accommodate a request to update, modify, or correct information if we believe the change would violate any contractual, regulatory, or legal requirement, cause the information to be incorrect, or for any other reason except as prohibited by applicable law.
We have developed a formal data security program to safeguard personal information that we collect and process. Our security program includes reasonable technical, physical and administrative safeguards in accordance with PCI DSS Level One and SOC 2 Type 2 standards. For example, we restrict access to your information only to those employees who need to know that information to provide products or services to you.
We also take special steps to protect your information via transmission over the Internet by using a secure web server, which allows web browser programs (e.g. Mozilla/Firefox, Netscape, or Microsoft Internet Explorer) to interact with the web server via an encrypted session. We employ a Secure Sockets Layer (SSL) connection that provides an encrypted connection between your computer and our Products and systems. The encrypted connection scrambles ordinary text or data into cyphertext to safeguard sensitive information during its journey across the Internet. The information is decrypted, or put back into a readable format, when it reaches its intended destination. Depending on which browser you use, you will know you are in secured area by "https" or a lock appearing on your screen.
Any payment transactions are processed by our third-party payment processor and will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Products, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Products or systems. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
We may amend this Privacy Policy from time to time. If we make changes to the Privacy Policy, we will post the new Privacy Policy on this page with an updated “Last Revised” date, and we may also notify you by emailing you, by sending an in-App alert (when applicable), posting a notice on our website, or by any other means we reasonably determine to give you notice. You are responsible for ensuring we have an up-to-date active and deliverable email address for you. Your continued use of the Products after any such amendment will constitute your agreement to this Privacy Policy as amended.
If you do not agree to any amendment, you may not continue to use the Products, and you must deactivate any account or membership you have with us and delete our Apps (if applicable) from your device(s).
Our Products are exclusively hosted in the United States. If you access the Products from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States, which does not have the same data protection laws as such other regions. User information (including Personal Information or "personal data" as may be defined by foreign laws) collected through the Products may be stored and processed in the United States, and by using the Products, you consent to any such transfer of information outside of your home country. You are also consenting to the application of United States laws in all matters concerning the Products.
State consumer privacy laws may provide their residents with additional rights regarding our collection and use of their personal information.
Residents of certain U.S. states now (or in the future) have certain rights under their state privacy laws. These may include the right to:
The availability and scope of these rights vary depending on your state of residence. To exercise any of your privacy rights under any state law, please contact us at [email protected].
The following disclosures and notices are given under the California Consumer Privacy Act (as amended, the “CCPA”):
The chart below identifies, for the past 12 months, which categories of personal information we collected from our consumers and the expected retention period. The categories below reflect the maximum set of personal information we collect across all of our Products and interactions combined. The categories of personal information actually collected about you depend on which Product(s), if any, you use and how you otherwise interact with us. For example, if you only visit one of our websites without enrolling in a Product or creating an account, or you only contact us by email, we generally collect from you only Identifiers (such as IP address and online/device identifiers), Internet or other similar network activity (through cookies and similar technologies), and the contents of and information related to any communications you send us, and we would not in such scenario collect from you any account, financial, credit, Social Security number, or government identifier information shown below (unless you voluntarily provide it in your communications), which information is collected only in connection with specific Products or interactions as described in Sections 3 and 4 above.
| Personal Information Category | Examples | Collected | Retention Period |
|---|---|---|---|
| A. Identifiers | Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. | Yes | During the period of an active account and for up to 4 years thereafter. |
| Social Security number. | Yes | During the period of an active account and for up to 4 years thereafter. | |
| Driver's license number, state identification card number, passport number. | Yes | 6 Months | |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) ("California Customer Records"). Some personal information included in this category may overlap with other categories. | Name, signature. | Yes | During the period of an active account and for up to 4 years thereafter. |
| Telephone number. | Yes | Up to 5 years. | |
| Bank account number or any other financial information | Yes | During the period of an active account and for up to 4 years thereafter. | |
| Credit card number, debit card number, or any other financial information. | Yes | During the period of an active account and for 6 months after account closure due to actual or suspected fraud. During the period of an active account and for 36 months after account closure for any other reason. | |
| Physical characteristics or description, photograph, insurance policy number, education, employment, employment history, membership in professional organizations, professional licenses and certifications, medical information, or health insurance information. | No | ||
| C. Protected classification characteristics under California or federal law ("Protected Classes"). | Age (40 years or older) | Yes | During the period of an active account and for up to 4 years thereafter. |
| 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, reproductive health decision-making, military and veteran status, or genetic information (including familial genetic information). | No | ||
| D. Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | Yes | During the period of an active account and for up to 4 years thereafter. |
| 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 | During the period of an active account and for up to 4 years thereafter. |
| G. Geolocation data. | Physical location or movements, such as the time and physical location related to use of our internet website, application, or device, and GPS location data from mobile devices of consumers who visit our websites or use our mobile apps. | Yes | During the period of an active account and for up to 4 years thereafter. |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information, including customer service call monitoring. | Yes | Up to 5 years. |
| I. Professional or employment-related information. | Current or past job history. | 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)) ("FERPA Information"). | 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. | No | |
| L. Sensitive personal information. | Further identified in the chart below. |
Except as otherwise set forth in the chart above, we retain personal information for as long as necessary to fulfill the purposes for which it was collected, including to provide services to our customers, to comply with legal obligations, to resolve disputes, and to enforce our agreements. We retain account data for as long as the account is active, and thereafter for as long as we may deem appropriate in order to better serve our customers who reactivate their accounts, unless we receive a valid deletion request that is not subject to any exception. We retain contact information indefinitely for marketing and remarketing purposes, unless the consumer opts out of marketing.
For purposes of the CCPA, sensitive personal information is a subtype of personal information consisting of the specific information categories listed in the chart below. While we collect some information that falls within the sensitive personal information categories listed in the table below, the CCPA does not treat this personal information as sensitive because we do not collect or use it to infer characteristics about a person.
| Sensitive Personal Information Category | Examples | Collected or Used to Infer Characteristics |
|---|---|---|
| L.1. Government identifiers. | Social Security number (SSN), driver's license, state identification card, or passport number. | No |
| L.2. Complete account access credentials. | Usernames, account logins, account numbers, or card numbers combined with required access/security code or password. | No |
| L.3. Precise geolocation. | Physical store visits or physical locations when visiting websites or using mobile apps. | Not Collected |
| L.4. Racial or ethnic origin. | Not Collected | |
| L.5. Citizenship or immigration status. | Not Collected | |
| L.6. Religious or philosophical beliefs. | Not Collected | |
| L.7. Union membership. | Not Collected | |
| L.8. Mail, email, or text messages not directed to the Company. | Not Collected | |
| L.9. Genetic data. | Not Collected | |
| L.10. Neural Data. | Information generated by measuring a consumer's central or peripheral nervous system's activity that is not inferred from nonneural information. | Not Collected |
| L.11. Unique identifying biometric information. | Not Collected | |
| L.12. Health information. | Not Collected | |
| L.13. Sex life or sexual orientation information. | Not Collected |
We 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. If required by law, we will also seek your consent before using your personal information for a new or unrelated purpose.
We may collect, process, and disclose non-personal information, including aggregated or deidentified consumer information, for any purpose, without restriction. When we collect, process, or disclose aggregated or deidentified consumer information, we will maintain and use it in deidentified form and will not to attempt to reidentify the information, except to determine whether our deidentification processes satisfies any applicable legal requirements
The chart below identifies the categories of entities to whom we have disclosed personal information for a business purpose over the preceding 12 months, along with the personal information categories disclosed and the disclosure's business purposes.
| Category of Business Purpose Disclosure Recipients | Personal Information Categories Disclosed | Business Purpose of Disclosure |
|---|---|---|
| White Label Providers and Customer Service Agents | A. Identifiers B. California Customer Records C. Protected classification characteristics under California or federal law ("Protected Classes"). D. Commercial Information | To provide and support our Products, including customer service and billing. To perform internal operational and administrative activities. Where permitted by applicable law, for marketing and promotional purposes. Security, fraud, and legal compliance. |
| Outsourced third-party customer service | A. Identifiers B. California Customer Records C. Protected classification characteristics under California or federal law ("Protected Classes"). | Customer service & marketing. Security, fraud, and legal compliance. |
| Marketing and Advertising Service Providers | A. Identifiers B. California Customer Records C. Protected classification characteristics under California or federal law ("Protected Classes"). D. Commercial information. F. Internet or other similar network activity. | Assist us with delivering and managing marketing communications, analyzing engagement with our content, personalizing offers and promotions, and improving marketing effectiveness. |
| Merchant Processors and Gateways | A. Identifiers B. California Customer Records D. Commercial Information | Process payments in connection with your use of the Product. Facilitate transactions including refunds and chargebacks. Security, fraud, and legal compliance. |
| Data platforms and Data analytics providers | A. Identifiers B. California Customer Records C. Protected classification characteristics under California or federal law ("Protected Classes"). D. Commercial information. F. Internet or other similar network activity. G. Geolocation data H. Sensory data | Collect, process, and store data to help us provide and improve our Products, business practices, and marketing efforts. Perform analytics, monitor performance, and support internal business operations. Security, fraud, and legal compliance. |
| Software providers | A. Identifiers B. California Customer Records C. Protected classification characteristics under California or federal law ("Protected Classes"). D. Commercial information. F. Internet or other similar network activity. G. Geolocation data H. Sensory data | Hosting, storing, managing, providing, improving, and marketing the Product(s). Operating and maintaining infrastructure, monitoring performance and security, and supporting internal business operations. |
| Financial account aggregators | A. Identifiers B. California Customer Records C. Protected classification characteristics under California or federal law ("Protected Classes"). | Aggregating and displaying your financial account information within the Product. |
| Credit Reporting Agencies | A. Identifiers B. California Customer Records C. Protected classification characteristics under California or federal law ("Protected Classes"). D. Commercial information. F. Internet or other similar network activity. G. Geolocation data | Obtaining credit report information with your authorization. Security, fraud, and legal compliance. |
| Other individuals or companies at your request | A. Identifiers B. California Customer Records C. Protected classification characteristics under California or federal law ("Protected Classes"). D. Commercial information. F. Internet or other similar network activity. G. Geolocation data H. Sensory data | Disclosure of information at your request as necessary to complete your request, e.g. if you request an Action to be taken within our SmartCredit product, or if you interact with a third-party widget on our site to interact with a third-party offer. |
We may sell your personal information to third parties and have sold it in the preceding 12 months. We may share your personal information with third parties for cross-context behavioral advertising purposes and have shared your personal information in the preceding 12 months.
The chart below identifies the categories of third parties to whom the Company has sold consumers' personal information or shared consumers' personal information for cross-context behavioral advertising purposes over the preceding 12 months, along with the personal information categories sold or shared and the business or commercial purposes for selling or sharing that information.
| Category of Business | Personal Information Sold or Shared | Sold or Shared | Commercial or Business Purpose for Sale or Sharing |
|---|---|---|---|
| Cookies, Web Beacons, and Tracking Technologies | A. Identifiers | Sold and Shared | To provide personalized advertising, marketing communications, and promotional offers; to measure advertising effectiveness; to deliver content relevant to consumer preferences; and to perform analytics and reporting on website and application usage. |
| B. Internet and network activity | |||
| C. Inferences | |||
| D. Commercial Information | |||
| Marketing Partners | A. Identifiers | Sold and Shared | To send promotional messages, newsletters, or other communications regarding our products, services, or those of our marketing partners |
| B. Internet and network activity |
Under the CCPA, California residents have the following rights:
You have the right not to be discriminated or retaliated against for exercising any your rights under the CCPA. If you choose to exercise any of your CCPA rights, we will not:
You have the right to direct us not to sell or share your personal information (“opt-out request”) at any time. We cannot sell or share your personal information after we receive your opt-out request unless you later consent to the sale or sharing of your personal information. You may opt out of the sale or sharing of personal information through an opt-out preference signal or by clicking here.
For requests to opt-out, we will also notify our service providers, contractors, and certain other downstream recipients of your request to opt-out and instruct them to comply with your request and to forward the request to their own downstream recipients, if applicable.
We may deny opt-out requests if we have a good-faith, reasonable, and documented belief that the request is fraudulent and will clearly explain our denial decision to the requestor.
You can confirm that we processed your request to opt-out by contacting us at [email protected].
Once you make a request to opt-out, we will wait at least 12 months before asking you to reauthorize personal information sales or sharing. However, you may change your mind and opt back in at any time by contacting us at [email protected].
When a business uses automated decision-making technology (“ADMT”) to make significant decisions about you, you may have rights to:
ADMTs are technologies that process personal information and use computation to execute a decision and either replace or substantially replace human decision-making, resulting in decisions made without human involvement. Decisions are significant when they result in the provision or denial of financial or lending services, housing, education enrollment or opportunities, employment or independent contracting opportunities or compensation, or healthcare services. Advertising is not a significant decision.
Although we may us AI technology as described above, we do not currently use ADMT to make significant decisions about consumers, so we do not provide ADMT access, opt-out, or appeal rights.
You have a right to ask businesses that use or disclose your sensitive personal information to limit the use and disclosure of sensitive personal information to certain statutorily approved reasons (the "right to limit"). However, while we collect information that California law defines as sensitive personal information (such as Social Security numbers and government issued identification numbers), we do not collect or use such information to infer characteristics about a person. We use this information only as necessary to provide our Products, help keep accounts secure, comply with legal obligations, and prevent fraud.
You have the right to request, up to two times in any 12-month period, a disclosure about our collection and use of your personal information (the “right to know”), including the specific pieces of personal information we have collected about you (a “data portability request”). Our response will cover the 12-month period preceding the request, although we will honor requests to cover a longer period that does not extend past January 1, 2022, unless doing so would be impossible or involves disproportionate effort. Upon submission of a verifiable consumer request, we will provide you with the following information:
(1) The categories of personal information we have collected about you.
(2) The categories of sources from which we collected the personal information.
(3) The business or commercial purpose for collecting, selling, or sharing your personal information.
(4) The categories of persons, including third parties, to whom we disclosed your personal information, including separate disclosures identifying the categories of your personal information that we (a) disclosed for a business purpose to each category of persons and (b) sole or shared to each category of third parties.
(5) When your right to know submission includes a data portability request, a copy of your personal information subject to any permitted redactions.
If we provide this information to you electronically, the information will be in a portable format. To the extent that it is technically feasible, we will provide you the information in a readily useable format that you can easily transfer to another entity.
If you intend to exercise your right to know or submit a data portability request, please do the following:
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions and limitations (the "right to delete"). Once we receive your request and confirm your identity, we will delete your personal information from our systems unless an exception allows us to retain it. We will also notify our service providers, contractors, and other recipients to take appropriate action. Please note we are unable to delete your personal data if you currently have an active account, as the retention of your personal information is required to continue servicing your membership. If you would like to exercise your right to delete, please deactivate your account first. Please note that even after account deactivation, we may be unable to delete some personal information under certain legal exceptions and limitations.
If you intend to exercise your right to delete, please do the following:
You have the right to request correction of any personal information that we maintain about you that you believe is incomplete or inaccurate. We may require you to provide documentation to confirm your identity and support your claim that the information is incomplete or inaccurate. Unless an exception applies, we will correct personal information that our review determines is incomplete or inaccurate and notify our service providers, contractors, and other recipients to take appropriate action.
If you intend to exercise your right to correct, please do the following:
Only you, or someone legally authorized to act on your behalf, may make a request to know, delete, or correct, or a data portability request, related to your personal information. To designate an authorized agent, please click here. We may request specific information from you or your authorized representative to confirm your or their identity before we can process your right to know, delete, or correct your personal information or to process a data portability request.
We cannot respond to your request to know, delete, correct, or for data portability, if we cannot verify your identity or authority to make the request and confirm the personal information relating to you. We will only use personal information provided in the request to verify the requestor's identity or authority to make the request.
We consider requests made through your password-protected account with us sufficiently verified when the request relates to personal information associated with that specific account. However, you do not need to create an account with us to submit a request to know, correct, or delete or for data portability.
We will confirm receipt of your request to know, delete, or correct or for data portability within ten business days. If you do not receive confirmation within the ten-day timeframe, please contact us at [email protected].
We endeavor to substantively respond to a verifiable request within 45 days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. We will deliver our written response to your verified email address or your password-protected user account. Our substantive response will tell you whether we have complied with your request. If we cannot comply with your request in whole or in part, we will explain the reason, subject to any legal or regulatory restrictions. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, deleted, or made your personal information anonymous in compliance with our record retention policies and obligations.
We do not charge a fee to process or respond to your verifiable 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.
Please carefully read our Terms of Use, and any Service Agreement applicable to the Product, which govern your use of the Products and any disputes arising out of or relating to the Products or this Privacy Policy.
Additionally, in the event of any dispute arising out of or related to this Privacy Policy, the following
ARBITRATION AGREEMENT.
12.1 MOST CONSUMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CONSUMER’S SATISFACTION BY CONTACTING US AT [email protected]. If we are unable to resolve your complaint informally, you and ConsumerDirect hereby agree that any dispute arising out of or related to this Privacy Policy, or the relationship between you and us (all of the foregoing, collectively, “Arbitrable Matters”), will be exclusively resolved through final and binding arbitration or small claims court instead of in courts of general jurisdiction, to the fullest extent permitted by law. DO NOT ENROLL IN OR OTHERWISE USE ANY OF OUR PRODUCTS IN ANY WAY IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT (the “Arbitration Agreement”). For purposes of this Arbitration Agreement, references to ConsumerDirect shall include, as applicable, ConsumerDirect and our affiliates, subsidiaries, service providers, business partners, White Label Providers, and Customer Service Agents, and our and their respective agents, employees, predecessors in interest, successors, and assigns.
12.2 ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. YOU AGREE THAT, BY USING ANY PRODUCT, YOU ARE AGREEING TO THIS ARBITRATION AGREEMENT, AND YOU AND CONSUMERDIRECT ARE EACH FOREVER WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12.3 YOU AGREE AND UNDERSTAND THAT ANY DISPUTE OR CLAIM YOU MAY HAVE AGAINST US MUST BE RESOLVED EITHER THROUGH BINDING ARBITRATION OR, WHERE PERMITTED, IN SMALL CLAIMS COURT AS PROVIDED IN SECTION 12.4. YOU FURTHER AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM FOR ALL DISPUTES AND CLAIMS BETWEEN US THAT ARE NOT ELIGIBLE FOR RESOLUTION IN SMALL CLAIMS COURT. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. IT INCLUDES, BUT IS NOT LIMITED TO:
12.4 Notwithstanding anything to the contrary in this Arbitration Agreement, either party may bring an individual action in small claims court, to the extent such claim is brought in a California small claims court of competent jurisdiction.
12.5 This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf.
12.6 Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator administered by the American Arbitration Association ("AAA") in accordance with their rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes.
12.7 A demand for arbitration under this Arbitration Agreement may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above.
12.8 You understand and agree that before you take a dispute to arbitration under this Arbitration Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Information about the arbitration process and the AAA's arbitration rules and its fees are available from the AAA at http://www.adr.org.
12.9 The cost of any arbitration proceeding shall be split between you and us. However, at your request, we will promptly reimburse you for your portion of the payment of your arbitration filing fee. The filing fee currently is $225 for consumer claims initiated by an individual but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request.
12.10 The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures (additional charges may apply for these procedures).
12.11 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
12.12 Notwithstanding any provision in the Privacy Policy or this Arbitration Agreement to the contrary, the prevailing party in any arbitration or litigation involving any dispute arising out of or related to any Arbitrable Matter, as determined by the arbitrator or by a court of competent jurisdiction, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs and expenses incurred in connection with such arbitration or litigation.
12.13 ANY ARBITRATION UNDER THIS ARBITRATION AGREEMENT WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You agree that the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Any claim that all or any part of this Section 12.13 is invalid, unenforceable, unconscionable, or void may be determined only by a court and not by the arbitrator. Notwithstanding any provision in this Arbitration Agreement to the contrary, if any part of this Section 12.13 is deemed invalid, unenforceable, unconscionable, or void, then the entirety of this Arbitration Agreement shall be null and void and neither party shall be entitled to arbitration hereunder.
12.14 The parties to this Arbitration Agreement acknowledge that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law.
12.15 Any disputes or claims you may have which relate to your credit report, or any claims arising out of or relating to the Fair Credit Reporting Act ("FCRA") and/or the FCRA's state law equivalent(s), are not subject to or governed by this Arbitration Agreement.
12.16 This Arbitration Agreement shall survive any termination of this Privacy Policy.
12.17 Notwithstanding anything to the contrary in this Arbitration Agreement, if AAA is unavailable or declines to administer an arbitration regarding any Arbitrable Matter consistent with its Consumer Arbitration Rules, the parties will select another nationally recognized arbitration provider that will administer the arbitration of the Arbitrable Matter under comparable consumer rules. If the parties cannot agree, either party may petition a court of competent jurisdiction to appoint an arbitrator under 9 U.S.C. § 5 to conduct the arbitration.
12.18 Limitation of Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF NOT, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THIS LIMITATION DOES NOT APPLY TO ANY CLAIM WITH A LEGALLY MANDATED LONGER STATUTE OF LIMITATIONS THAT CANNOT BE SHORTENED BY CONTRACT.
If you have any questions about this Privacy Policy, please contact us at [email protected].
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