Terms of Use and Online Privacy Policy

American First Finance Terms of Use

Version 1.0

PLEASE READ THE FOLLOWING AMERICAN FIRST FINANCE TERMS OF USE (THESE “TERMS”) CAREFULLY. THEY GOVERN YOUR ACCESS TO AND USE OF THE AMERICAN FIRST FINANCE WEBSITE. BY ACCESSING OR USING THE AMERICAN FIRST FINANCE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT VISIT THE WEBSITE.

  1. What These Terms Cover. These Terms are entered into between you and American First Finance Inc. and its affiliates and subsidiaries (collectively, “American First Finance” or “AFF,” which may also be referred to as “we,” “us,” or “our”) and govern your access to and use of the American First Finance website, www.studentloangenius.com, and any other site or online service where these Terms are posted (the “American First Finance Website” or “Website”). The terms “User” and “you” refer to you, the person accessing or using the Website. These Terms will be available for you to view at all times on the American First Finance Website at www.americanfirstfinance.com. American First Finance may amend these Terms at any time in accordance with Section 7 of these Terms. These Terms do not in any way alter the terms or conditions of any other agreement you may have with AFF for products, services, or otherwise. These Terms contain disclaimers and other provisions that limit our liability to you.
  2. User Representations. By using the Website, you represent and agree that:
    1. You are at least 13 years of age. The Website is not targeted towards, not intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and use the Website only under the supervision or direction of a parent or legal guardian who agrees to be bound by these Terms.
    2. All information provided by you to American First Finance while using the Website is correct and current, and you will update any information you provide to American First Finance as soon as it changes.
    3. Your use of the Website complies, and will continue to comply, with applicable laws and regulations.
    4. You will not use the Website in connection with any fraudulent or illegal activity or in any manner which interferes with the operation of the Website.
    5. If you are a business entity, you are authorized to do business in the jurisdictions in which you operate, and your employees are authorized to use the Website to bind you to these Terms.
    6. You will use the Website only in compliance with these Terms.
  3. Privacy Policy and Security Information. The information you provide to American First Finance while using the Website, including, but not limited to, your personal information, is subject to the terms of American First Finance’s Online Privacy Policy and Privacy Statement, which are also available on the Website. By accessing or using the Website, you represent that you have read, understood, and accepted American First Finance’s Online Privacy Policy and Privacy Statement.
    The protection of customer data is a top priority for American First Finance. We intend to maintain administrative, physical, and technical data safeguards at a level that can be considered best practice. Reasonable and appropriate procedures and policies will be enforced to protect against accidental, unlawful, or intentional destruction or loss. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion, and disclosure of customer data by American First Finance employees. American First Finance is not responsible for any accidental or intentional loss of data that has been exported from, copied, or otherwise downloaded from American First Finance’s Website or products. It is your sole responsibility to protect data once it is downloaded from American First Finance’s Website or infrastructure.
  4. Use of the Website.
    1. Grant of License. American First Finance either owns, or has licenses to, the Website and the intellectual property rights associated with it. Some components of the Website may be owned by third-party service providers (“Third-Party Providers”), but American First Finance has a valid license, including the right to sublicense, from such Third-Party Providers. American First Finance grants you a limited, non-exclusive, revocable, non-transferable, royalty-free license, without the right to sublicense, to access and use the Website in accordance with these Terms (the “License”). This License includes use of the Website and any materials contained in the Website. The Website is subject to the intellectual property rights of American First Finance and any Third-Party Providers and their respective licensors, existing under any foreign, state, or local laws or regulations, now or hereinafter in force and effect, and in any jurisdiction worldwide, including, without limitation, patent law, industrial rights law, copyright law, moral rights law, trade secret law, trademark law (together with all of the goodwill associated therewith), unfair competition law, publicity rights law, or privacy rights law, and any and all other proprietary rights whether under statutory or common law (or otherwise), and any and all national, foreign, and state registrations, applications, renewals, extensions, and restrictions of any of the foregoing.
    2. Prohibited Use. You must comply with all laws, rules, and regulations applicable to your use of the Website. You will not, and will not permit any third party to do or attempt to do any of the following: (a) access or monitor any material or information in the Website using any manual process or robot, spider, scraper, or other automated means; (b) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, loan, or distribute any material or information provided to you by American First Finance; (c) use the Website in any manner that would interfere with the rights of any third party or otherwise fail to comply with applicable third-party terms; (d) take any action that could compromise the security of the Website; (e) violate the restrictions in any robot exclusion headers in any aspect of the Website, work around, bypass, or circumvent any of the technical limitations of the Website, use any tool to enable disabled features or functionalities of the Website, or decompile, disassemble or otherwise reverse engineer the Website; (f) transfer any rights granted to you under these Terms; (g) perform or attempt to perform any actions that would interfere with the proper working of the Website, prevent access to or use of the Website by other users, or impose an unreasonable or disproportionately large load on American First Finance’s infrastructure, including, but not limited to, excessively high volume data transfers or bandwidth use; (h) encourage any conduct that would constitute a criminal offense or that gives rise to civil liability; (i) attempt to damage, disable, overburden, or impair American First Finance’s servers or networks; (j) impersonate any person or entity or otherwise misrepresent your identity or affiliation with another person or entity; or (k) otherwise use the Website except as permitted by these Terms (collectively, “Prohibited Use”). American First Finance reserves the right, at any time and in its sole discretion, to terminate any License granted under these Terms, remove any content, or assert legal action with respect to any content or use of the Website that American First Finance reasonably believes is or might be Prohibited Use or otherwise violate these Terms. American First Finance’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
    3. User-Generated Data, User Content, and Feedback. “User-Generated Data” means any and all information that is generated by your use of the Website, including, but not limited to, automatic reporting and other tools that give you the ability to create, post, and distribute various forms of content for and in connection with the Website.
      1. You may have the opportunity to upload information to the Website (“User Content”). You represent that you will not contribute User Content to the Website unless you have created it or have express permission from the creator or copyright owner to do so. By contributing User Content to the Website, you grant American First Finance, its parents, subsidiaries, affiliates, and successors a worldwide, perpetual, irrevocable, non-exclusive, fully paid, royalty free, sub-licensable right to use, modify, reproduce, adapt, publish, prepare derivative works from, distribute, and publicly display any User Content contributed by you.
      2. You may not, and represent and warrant that you will not, contribute any User Content that, in AFF’s sole discretion: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, disparaging, libelous, threatening, predatory, harassing, hateful, racially or ethnically offensive, abusive, inflammatory, or is otherwise objectionable or inappropriate; (ii) promotes or encourages conduct that is illegal or would give rise to civil liability; (iii) breaches any duty toward, or rights of, any person or entity, including rights of publicity or privacy; (iv) contains corruptive data or any other harmful, disruptive, or destructive files; (v) is “spam” or contains direct marketing communications, unsolicited advertising, promotional materials or other forms of solicitation or commercial content; (vi) poses or creates a privacy or security risk to any person; (vii) is objectionable, restricts or inhibits any person or entity from using or enjoying any aspect of the Website, or which may expose American First Finance, its parents, subsidiaries, affiliates, or other Website users to harm or liability; or (viii) is an impersonation of, or attempt to impersonate, another person. American First Finance reserves the right, but shall have no obligation to, screen, edit, remove, or disable any User Content at any time and for any reason without notice. You acknowledge that by using the Website, you may be exposed to User Content that is offensive, indecent, or objectionable. American First Finance has no duty to pre-screen User-Generated Data or User Content. You agree that American First Finance shall not have any responsibility for or liability with respect to any User Content posted by you or others, and American First Finance expressly disclaims any and all liability in connection with any User Content or User-Generated Data.
      3. You may have the opportunity to provide feedback, comments, suggestions, and ideas concerning use of, or suggested improvements or enhancements to, the Website (“Feedback”). Feedback may also include your responses to surveys or other reporting. American First Finance and its authorized Third-Party Providers may obtain information from you regarding the use of the Website, including, but not limited to, Website usage or patterns, online activities or any other activities conducted through your use of the Website. You agree that your Feedback is provided gratuitously, unsolicited, and without restriction. American First Finance shall have no duties or obligations with respect to Feedback provided by you. American First Finance shall be entitled to use and disseminate any Feedback for any purpose, in its sole discretion, without any compensation to you.
  5. Intellectual Property (Including Marks).
    1. Intellectual Property Rights of American First Finance and Third Parties. American First Finance either owns, or has licensed, all U.S. legal right, title, and interest in and to the Website, including, but not limited to, any trademark, copyright, patent, trade secret, trade dress, service marks, and other worldwide intellectual property rights as they relate to Website (the “Intellectual Property”). Except as set forth in Section 4.1, these Terms do not grant you any rights with respect to the Intellectual Property. American First Finance, the American First Finance logo, and other American First Finance trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of American First Finance, its parents or affiliates (collectively, “American First Finance Marks”). Other trademarks, service marks, graphics, and logos used in connection with the Website are the trademarks of their respective owners (collectively, “Third-Party Marks”). The American First Finance Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of American First Finance or the applicable trademark holder. The Website and all content are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights and also may have security components that protect digital information only as authorized by American First Finance or the owner of the any content.
    2. Copyright Infringement. American First Finance reserves the right to terminate your access to the Website in the event you infringe on any copyright rights of American First Finance or any third party. American First Finance also reserves the right to remove any User Content or any other material posted by a User that is alleged to infringe the copyrights of others. If you believe that any material posted to the Website constitutes copyright infringement, you should provide the following information to American First Finance at the address provided in Section 13.1 below: (a) the signature of the person authorized to act on behalf of the owner of the copyright that is allegedly being infringed; (b) a description of the copyright-protected work that is allegedly being infringed; (c) the location of such material in the Website; (d) your address, telephone number, and email address; (e) a written statement by you stating your good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner or applicable law; and (f) a written statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf. By submitting this notice, you agree that American First Finance may provide the information provided by you to the person who posted the allegedly infringing material. In the event that any material that you posted to the Website is removed by American First Finance, you may send to American First Finance at the address provided in Section 13.1 a counter-notice containing the information required by 17 USC § 512(g)(3), which American First Finance will forward to the party who alleged the infringement. In the event that the party who alleged the infringement does not file any action seeking a court order to restrain you from engaging in the infringing activity within ten (10) business days of receiving the counter-notice, American First Finance may, in its sole discretion, reinstate the removed material.
  6. Third-Party Content, Applications, Products, and Services (including Advertising and Promotions). American First Finance may provide third-party content in the Website (including embedded content) or links to our Third-Party Providers, other third-party vendors or other third-party content, websites, products, and services, including advertisements and promotions (collectively, “Third-Party Content”) as a service to those interested in this information. We do not control, endorse, or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement, or adoption by American First Finance of any application or any information contained therein, and can make no guarantees as to its accuracy or completeness. You acknowledge and agree that American First Finance is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update and review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk. When you use other websites via Third-Party Content, or participate in promotions or business dealings with third parties, you should understand that our Terms and policies no longer govern, and that the terms and policies of those third-party websites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party website to which you navigate from our Website.
  7. Modification. American First Finance may, in its sole discretion, change, modify, or amend these Terms at any time. If we make material changes to these Terms, we will inform you by posting a notice on the Website. Any changes will be immediately effective upon posting the revisions to the Website, and you waive any right you may have to receive specific notice of such changes. Your continued use of the Website will confirm your acceptance of the changes; therefore, you should frequently review these Terms to understand the terms and conditions that apply to your use of the Website. In the event you do not agree with the amended Terms, your sole and exclusive remedy is to stop using the Website.
  8. Termination. American First Finance may, without notice and in its sole discretion, terminate your License to use the Website and block or prevent your future access to and use of the Website. American First Finance’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
  9. Disclaimer of Warranties. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH, OR ACCESSIBLE THOUGH AMERICAN FIRST FINANCE, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMERICAN FIRST FINANCE, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, MAKE NO REPRESENTATIONS AND DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH, OR ACCESSIBLE THOUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AMERICAN FIRST FINANCE, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES DO NOT WARRANT THAT ANY CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE, OR CORRECT; THAT THE WEBSITE WILL MEET YOU REQUIREMENTS; THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMERICAN FIRST FINANCE SHALL NOT BE RESPONSIBLE FOR ANY WEBSITE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT THEREON OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. AMERICAN FIRST FINANCE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE WEBSITE.
  10. Limitation of Liability. UNLESS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL AMERICAN FIRST FINANCE, ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, OWNERS, EMPLOYEES OR AGENTS (THE “AMERICAN FIRST FINANCE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH THE USE, INABILITY TO USE, OR UNAVAILABILITY OF THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED DAMAGES ARE BASED ON A CLAIM OR ACTION IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF DUTY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, EVEN IF THE AMERICAN FIRST FINANCE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OF LOSS. UNLESS OTHERWISE PROVIDED FOR IN THESE TERMS, IN NO EVENT SHALL THE AMERICAN FIRST FINANCE PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS AND THE USE OF THE WEBSITE EXCEED $500.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
  11. Indemnification. You will indemnify, defend, and hold harmless American First Finance, its parents, subsidiaries, and affiliates, and its and their directors, officers, owners, employees, agents, consultants, contractors, and other representatives (collectively, the “Indemnified Parties”) from and against any and all claims, demands, causes of action, debts, losses, liabilities, damages, judgments, settlements, tax assessments, penalties, interest, and expenses, including reasonable attorneys’ fees, arising out of, related to, or which may arise from: (a) your use of the Website; (b) your actual or alleged breach of or non-compliance with any of these Terms; (c) your violation of any right of a third party in connection with your use of the Website, including, but not limited to, any right of privacy, publicity rights, or intellectual property rights of such third party; or (d) your violation or alleged violation of any federal or state law, rule, or regulation. American First Finance reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the you, in which event you will cooperate in asserting any available defenses.
  12. Governing Law; Dispute Resolution; Jurisdiction; Venue; Jury Waiver. These Terms and any claim, action, or dispute arising hereunder will be governed by the laws of the State of Texas, without regard to its conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods and Services shall have no applicability. In addition, we are subject to certain federal and state regulations and we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between these Terms and any applicable law, regulation, or rule, these Terms will prevail to the extent any such law, regulation, or rule may be modified by agreement.

    THE PARTIES (A) IRREVOCABLY SUBMIT TO THE JURISDICTION OF ANY TEXAS STATE OR FEDERAL COURT SITTING IN DALLAS COUNTY, TEXAS, IN ANY ACTION ARISING OUT OF THESE TERMS OR USE OF THE WEBSITE, (B) AGREE THAT ALL CLAIMS IN ANY ACTION MAY BE DECIDED IN EITHER COURT, AND (C) WAIVE, TO THE FULLEST EXTENT THAT THEY MAY EFFECTIVELY DO SO, THE DEFENSE OF AN INCONVENIENT FORUM. THE PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION BASED UPON OR ARISING OUT OF THESE TERMS OF USE OF THE WEBSITE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. NEITHER PARTY WILL SEEK TO CONSOLIDATE, BY COUNTERCLAIM OR OTHERWISE, ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. Prior to filing any lawsuit, except a lawsuit relating to a breach of confidentiality obligations hereunder, the parties agree to (a) first participate in an executive level meeting held at the office of the party requesting the meeting, which shall be attended by representatives of you and American First Finance acting in good faith and with all necessary authority to resolve the dispute; (b) then, if the foregoing meeting is unsuccessful, participate in good faith, and with all necessary authority to resolve the dispute, in a one day mediation, the cost of the mediator to be paid equally among the parties. The mediation will be conducted in Dallas, Texas. Except for the sharing of the cost of the mediator, the parties shall bear their own costs associated with such mediation. All applicable statutes of limitation will be tolled until the meeting and mediation specified in this Section 12 have been completed. The parties will take such action, if any, required to effectuate such tolling.

  13. Miscellaneous.
    1. Notice. Any questions, complaints, customer service issues, or claims regarding the Website may be made by email, telephone, or regular mail to:
      American First Finance
      Attention: General Counsel
      PO Box 565848
      Dallas, TX 75356
    2. Assignment. These Terms, and any rights and Licenses granted hereunder, may not be transferred or assigned by you and any attempted assignment will be deemed void. American First Finance reserves the right to assign these Terms and the rights and obligations hereunder to any third party without notice to you. These Terms will be binding and inure to the benefit of the parties hereto and their successors and permitted assigns.
    3. Force Majeure. Without limiting the applicability of the terms of Section 10, the American First Finance Parties shall have no liability for any failure or delay resulting from conditions beyond the reasonable control of such party, including, but not limited to, any industrial dispute, acts of war, governmental action, acts of terrorism, acts of God, labor conditions, power failures and Internet disturbances.
    4. Entire Agreement; Changes. These Terms represent the parties’ entire understanding with respect to the subject matter contained herein and supersedes and cancels all prior written or oral contracts, agreements, and understandings of the parties with respect to the subject matter of these Terms.
    5. Survival. The provisions of these Terms which are expressly, or by implication, intended to continue in force notwithstanding the termination of these Terms or your termination of use of the Website for any reason, will survive termination or expiration of these Terms.
    6. No Waiver; Severability. The failure of American First Finance to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be adjudged by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be removed to the minimum extent necessary and the remainder of these Terms shall remain in full force and effect.
    7. Conflicts. In the event of a conflict between these Terms and any other terms and conditions or policies of AFF, these Terms shall prevail as to the subject matter contained herein.
    8. Headings and Subheadings. The use of titles and headings with reference to certain portions of these Terms is solely for the convenience of the reader and are of no legal effect.
    9. Notice to California Residents. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
      The provider of the Website is American First Finance, Inc., PO Box 565848, Dallas, Texas 75356, phone: 855-721-1188.
      To file a complaint regarding the Website or to receive further information regarding use of the Website, send a letter to the above address or contact American First Finance via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
If you DO NOT agree to the American First Finance Terms of Use, YOU MUST EXIT AND NOT USE THE WEBSITE.

AMERICAN FIRST FINANCE ONLINE PRIVACY POLICY

Version 1.0

This American First Finance Online Privacy Policy (this “Policy”) describes how American First Finance (“AFF,” “we,” “us,” or “our”) collects and uses the Personal Information (defined below) you provide on any site owned and operated by AFF and including, but not limited to, any websites serving from the americanfirstfinance.com domain (the “Website”). It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. As is true of most websites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

Introduction

can be associated with an individual and can be used to identify that individual. We do not consider Personal Information to include information that has been anonymized or aggregated so that it does not identify an individual. You represent that if you give us Personal Information on behalf of someone else, the person providing the Personal Information to you gave you consent to provide their individual information to AFF. If someone else gives us Personal Information on your behalf, you represent that you gave that person consent to provide your Personal Information to AFF.

This Privacy Policy applies when any one or more of the following occur:

  • You agree to the American First Finance Terms of Use;
  • You visit or utilize a Website on which this Privacy Policy is posted; or
  • You otherwise interact with AFF off-line or online.

Collection and Use of Personal Information

In order to provide services through our Website, we may collect any combination of the following Personal Information from you:

  • Contact information such as name, email address, mailing address, and phone number;
  • Social Security Number, taxpayer identification number, and date of birth;
  • Financial information such as bank account, debit card, and credit card information;
  • Unique identifiers such as user name, account number, and password;
  • Geolocation information, depending on the specific AFF services you use; and
  • Other information that may be required under federal or certain state laws.

We may also collect the following information from you:

  • Demographic information such as communication choices and user preferences.

We use this information to:

  • Provide services through our Website;
  • Send you requested product updates or service information;
  • Respond to customer service requests and answer your questions and concerns;
  • Improve our Website and our marketing efforts; and
  • Conduct research and analysis.

Choice/Opt-Out

We communicate with you through email and notices posted on our Website. Examples of these communications include, but are not limited to: account and relationship details; communications regarding your payment history; and marketing emails. You may choose to stop receiving our newsletter or marketing emails by following the “unsubscribe” instructions included in these emails. Please note that you may not opt out of transactional messages or other mandatory service communications.

Information Sharing

We will share your Personal Information with third parties only in the ways that are described in this Privacy Policy and our Privacy Statement, which is also available on our Website.

We may provide your Personal Information to companies that provide services to help us with our business. These companies are authorized to use your Personal Information only as necessary to provide these services to us. In some cases, however, you may choose an optional service provided by a third party in which case such optional services shall be governed by that third-party provider’s separate privacy policy and any applicable terms of use for such optional services.

We may also disclose your Personal Information as required by law such as to comply with a subpoena or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We may share or sell your Personal Information in connection with a merger, financing, acquisition, dissolution transaction, bankruptcy, or proceeding involving sale, transfer, or divestiture of all or a portion of our business or assets. If another entity acquires our business or assets, that entity will have your Personal Information collected by us and will assume the rights and obligations regarding your information as allowed by this Privacy Policy.

Security

The security of your Personal Information is important to us. When you enter personal or sensitive information on our Website, we encrypt the transmission of that information using transport layer security technology (TLS).

We follow generally accepted best practices to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet or method of electronic storage is 100% secure, however. Therefore, we cannot guarantee its absolute security.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at info@americanfirstfinance.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you have any questions about security on our Website, you can contact us at compliance@americanfirstfinance.com.

Cookies and Other Tracking Technologies

We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include Personal Information.

We use another company to place cookies on your computer to collect non-personally identifiable information to compile aggregated statistics for us about visitors to our Website.

We do not respond to web browser “do not track” signals at this time. We await the result of work by the policy community and industry to determine when such a response is appropriate and what form it should take.

Web Beacons

Our Website pages contain electronic images known as “web beacons” (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Website is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

We use a third party to gather information about how you and others use our Website. For example, we will know how many users access a specific page and which links they clicked on. We use this aggregated information to understand and optimize how our Website is used.

Links to Other Websites

Our Website includes links to other websites whose privacy practices may differ from those of American First Finance. If you submit Personal Information to any of those other websites, your information is governed by the separate privacy statements of such other websites. We encourage you to carefully read the privacy statement of any website you visit.

Children’s Online Privacy

AFF is not intended to be used by anyone under the age of 18 and, as such, AFF does not knowingly collect Personal Information from anyone under the age of 18. If you are under the age of 18, please do not submit any Personal Information to AFF or use our services. If a parent or guardian becomes aware that his or her child under the age of 18 has provided us with Personal Information without the parent or guardian’s consent, he or she should contact us at compliance@americanfirstfinance.com and we will delete such information from our files.

Modifications

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your AFF account) or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Accessing and Updating Personal Information; AFF Contact Information

When you use one or more of our products or services, we make good faith efforts to provide you with access to your Personal Information and either to correct this data if it is inaccurate, or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup drives), or for which access is not otherwise required. Before we provide access to any data, including Personal Information, or make any changes to it we will ask you to verify your identity or provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. We may keep a copy of information for our records. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Your right to review, update, correct, and delete your Personal Information may be limited, subject to the law of your jurisdiction of residence: (i) if your requests are abusive or unreasonably excessive; (ii) where the rights or safety of another person or persons would be encroached upon; or (iii) if the information or material you request relates to existing or anticipated legal proceedings between you and us, or providing access to you would prejudice negotiations between us or an investigation of possible unlawful activity. Your right to review, update, correct, and delete your information is also subject to our record retention policies and applicable law, including any statutory retention requirements. You can contact us about this Privacy Policy or your Personal Information by writing to us at the following address:

American First Finance
PO Box 565848
Dallas, TX 75356
Email: compliance@americanfirstfinance.com