Terms of Use & Privacy Policy

American First Finance, LLC.

Version 1.0

These Terms of Use (the “Terms”) constitute an agreement between you (on behalf of yourself and, if applicable, the entity that you represent) and American First Finance, LLC (and/or its subsidiaries and affiliated entities, referred to herein as “AFF”). The Terms govern your access to and use of the website located at www.americanfirstfinance.com and any related mobile applications, websites, digital portals, and media platforms owned and/or controlled by AFF (individually and collectively, the “Site(s)”). Please read the Terms carefully before using the Site(s). By using the Site(s), you agree to be bound by the Terms without limitation or qualification. If you do not agree with any of the Terms, or if your use of the Site(s) violates any applicable law or regulation, you are prohibited from using the Site(s). If, at any time, you choose not to accept these Terms, please discontinue using and accessing the Site(s) immediately.

AFF may, at any time, with or without advance notice, revise, add, remove or otherwise modify these Terms (or portions thereof) by updating this posting or otherwise notifying you of such changes. The most recent version of the Terms will be posted to the Site(s), and you agree to be bound by such changes by continuing to use the Site(s) thereafter. You should periodically visit this page to review the most current Terms.

Depending on the nature of your relationship with us and/or the Site(s) that you use, supplemental or different terms may apply (“Additional Terms”). You are advised to review the Additional Terms made available on the Site(s) that you use, as well as any Additional Terms provided by us to you in connection therewith. By using such Site(s), you agree to be bound by the Additional Terms. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will control.

  1. Disclaimer THE SITE(S), INCLUDING ANY AND ALL MATERIAL, DATA, SERVICES, PRODUCTS, OFFERS, AND OTHER INFORMATION PROVIDED IN CONNECTION WITH THE SITE(S) (HEREINAFTER, “CONTENT”), ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AFF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND COMPLETENESS OF INFORMATION, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE(S) AND CONTENT. AFF DOES NOT WARRANT THAT THE SITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE(S) OR SERVERS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE OR HARMFUL CODE OR COMPONENTS. WHILE AFF USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE(S), ERRORS OR OMISSIONS SOMETIMES OCCUR. AFF DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS, USABILITY, AND RELIABILITY OF THE SITE(S) AND CONTENT. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES.
  2. Limitation of Liability IN NO EVENT SHALL AFF, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING, MAINTAINING, OR CONTROLLING THE SITE(S), BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OR DESTRUCTION OF DATA, OR BUSINESS INTERRUPTION, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF AFF OR AN AFF AUTHORIZED REPRESENTATIVE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AFF WILL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE(S) OR CONTENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IF SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT SHALL AFF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE(S). AFF ALSO ASSUMES NO RESPONSIBILITY, AND IN NO EVENT SHALL BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND WHATSOEVER THAT MAY ARISE FROM VIRUSES. WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE OR HARMFUL CODE THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE(S) OR YOUR DOWNLOADING OF ANY CONTENT.
  3. Access and Account Security To access certain content and/or features, you may be required to open an account and provide certain registration information. If you elect to do so, you agree that the registration information provided will be correct, accurate, and complete, and will not be used contrary to any applicable laws. To complete the registration process, you must choose an account password and user name. You are solely responsible for maintaining the confidentiality of your password and account information and for any and all activities that occur under your account. You agree that you will not provide your account information, user name or password to any other person. You agree to notify AFF immediately of any unauthorized access to or use of your account or user name, or of any other breach of security of which you become aware. AFF will not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge.
  4. Restrictions on Use; Ownership The Site(s) and Content are owned, and will at all times be owned, by AFF, its suppliers, licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. You do not acquire, by virtue of your use of the Site(s) and/or Content, any rights, title, or interest in or to the Site(s) and Content, including any intellectual property rights therein. All rights not expressly granted are reserved by AFF. Except as otherwise expressly permitted by AFF, the Site(s) and Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, in whole or in part. You may not distribute, modify, transmit, reuse, repost, republish, resell or use the Content, in whole or in part, for public or commercial use, without AFF’s written permission. Where designated, AFF may permit you to download certain Content for your use only, provided that you also retain all copyright and other proprietary notices contained therein.AFF neither warrants nor represents that your use of materials displayed on the Site(s) will not infringe rights of third parties not owned by or affiliated with AFF.In connection with your use of the Site(s), you agree to comply with all applicable laws, rules and regulations. You further agree not to, nor permit any third party to, do any of the following:
    1. access or attempt to access our systems, programs, or data that are not made available for public use;
    2. use the Site(s) or Content in any manner to provide service bureau, commercial time-sharing, or other computer service to third parties;
    3. use the Site(s) or Content in any way that violates applicable federal, state, local or international law or regulation, including, but not limited to, applicable export control laws and regulations;
    4. work around any of the technical limitations of the Site(s), gain access to any systems, data, or information not intended to be made accessible to you, or decompile, disassemble, or otherwise reverse engineer the Site(s);
    5. perform or attempt to perform any actions that would interfere with the proper working of the Site(s);
    6. use the Site(s) in any way that could damage, disable, overburden, or impair any server, system, or network(s) connected to the server; or
    7. use the Site(s) except as expressly intended under the Terms.

You may have the opportunity to provide feedback, comments, suggestions, and ideas concerning use of, or suggested improvements or enhancements to, the Site(s) (“Feedback”). Feedback may also include your responses to surveys or other reporting. You agree that your Feedback is provided gratuitously, unsolicited, and without restriction. AFF shall have no duties or obligations with respect to Feedback provided by you. AFF shall be entitled to use and disseminate any Feedback for any purpose, in its sole discretion, without any compensation to you.

  1. Trademarks and Copyrights All trademarks, services marks, trade names, logos and icons are proprietary to AFF. Nothing contained on the Site(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of AFF or such third party that may own the trademarks displayed. Your use of the trademarks displayed on the Site(s), or any other content on the Site(s), except as expressly provided herein, is strictly prohibited.Images displayed on the Site(s) are either the property of, or used with the permission of, AFF. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
  2. Representations and Warranties You hereby represent and warrant that if you are using the Site(s) on behalf of an entity, you are duly authorized to bind such entity to the Terms. You further represent and warrant that any and all information provided by you (whether uploaded to the Site(s) or otherwise):
    1. is accurate, complete, truthful, and not misleading;
    2. does not violate any third-party rights of any kind, including, without limitation, any intellectual property rights or rights of privacy;
    3. does not violate any law, regulation, rule, code or other legal obligation;
    4. does not contain anything that is, or could reasonable be, deemed unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive, harassing, libelous, profane, obscene or otherwise objectionable;
    5. does not contain viruses, Trojan horses, worms, time bombs, bots, corrupted files, or any other software or programs that may damage the Site(s), Content, or the operation of another’s computer or property; and

AFF has no responsibility to review information uploaded by you (or by any other person), or to exercise any editorial control or monitoring of such information. Notwithstanding, we may review such information and, in our sole and absolute discretion, remove or refuse to display such information from the Site(s) for any reason.

  1. Indemnity You agree to indemnify, defend, and hold harmless AFF and its officers, directors, employees, agents, contractors, service providers and representatives from and against any and all liabilities, expenses, losses, damages, and costs (including reasonable attorneys’ fees) arising out of or claimed to have arisen out of your: (i) use of the Site(s) and/or Content; (ii) breach or alleged breach of the Terms; or (iii) negligent, wrongful, and/or unlawful acts or omissions.
  2. Jurisdictional Issues – Products and Services Unless otherwise expressly set forth herein, AFF makes no representation that materials on the Site(s) are appropriate or available for use in any location. The Site(s) are directed to and intended for use only in jurisdictions where the Content does not violate local law. Please read the Content carefully and, if needed, request further information regarding its applicability. Those who choose to access the Site(s) do so on their own initiative and are responsible for compliance with all applicable laws, rules and regulations. Some products and services may not be available in all jurisdictions.
  3. Links to Third-Party Website The Site(s) may contain links to other websites that are not owned, operated or controlled by AFF (“Third-Party Websites”). AFF is not responsible for the function, accuracy or content of Third-Party Websites. The inclusion of a hyperlink to Third-Party Websites is for your convenience only and does not imply approval of or endorsement by AFF of Third-Party Websites or of any material, data, services, products, offers, or other information included therein (“Third-Party Content”). You are solely responsible for any damage or loss arising from your use of or access to any Third-Party Websites or Third-Party Content and agree that AFF shall have no liability whatsoever in connection therewith. Third-Party Websites may have their own terms and conditions and privacy policies.
  4. Privacy Policy AFF is committed to protecting the privacy of your personal data. View AFF’s Privacy Policy regarding personal data collected through the Site(s).
  5. Termination These Terms shall remain in full force and effect while you use the Site(s). AFF may terminate, suspend, or limit your use of the Site(s) (or any portion thereof) at any time, without prior notice, for any reason, including, but not limited to, AFF’s belief that you violated the Terms; in response to requests or as required by law enforcement or government agencies; discontinuance or modification of the Site(s) or Content; technical or security issues; your inactivity; and/or your engagement in conduct inconsistent with the intent of the Site(s) or Terms. Upon termination, your right to use the Site(s) will immediately cease. You may terminate your use of the Site(s) at any time by simply discontinuing use. All provisions of the Terms which, by their nature, should survive termination, shall survive termination, including, but not limited to, disclaimers, limitations of liability, and intellectual property ownership provisions.
  6. Changes to the Site(s) or Content The Site(s) and Content may be modified, replaced, removed, suspended, and/or discontinued by AFF in its sole discretion, for any reason or no reason, with or without notice to you. AFF shall not be liable to you for any such changes.
  7. Governing Law These Terms will be governed by and construed in compliance with the laws of the state of Texas, without respect to conflict of law principles. Any dispute, controversy or claim arising out of or relating to these Terms shall be litigated by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The Arbitration shall be held in Dallas, Texas. If the losing Party does not abide by the decision and award within thirty (30) days, then the prevailing Party may file suit in a court of competent jurisdiction to enforce the arbitrator’s decision and award. 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.IN ANY ACTION NOT SUBJECT TO ARBITRATION, 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 SITE(S), (B) AGREE THAT ALL CLAIMS IN ANY ACTION MAY BE DECIDED IN SUCH 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 THEY 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.
  8. Notification of Infringement Notifications regarding any alleged intellectual property infringement should be directed to AFF at the address below or by e-mail to legal@americanfirstfinance.com.

American First Finance, LLC
Attn: Legal Department
P.O. Box 565848
Dallas, TX 75356

  1. General Terms The Terms, Additional Terms (if applicable), and AFF’s Privacy Policy shall constitute the entire understanding and agreement between you and AFF in connection with your use of the Site(s). If any provision thereof is determined to be unlawful, invalid, or unenforceable, such provision shall be reconstituted, to the extent possible, as a valid and enforceable provision which shall put the parties in as close to the same position as if the original provision was valid and enforceable. If it is not possible to so reconstitute such provision, such provision shall be deemed severable and all other provisions of shall remain in effect and enforceable. AFF’s waiver of or failure to insist on the performance of any term and condition or to exercise any right or privilege shall not thereafter waive the prior or future enforcement of any other term, condition, right or privilege whether of the same or similar type.

Privacy Statement

Explaining our Privacy Policy

  1. About Us and Scope Our privacy policy, found below after this brief overview, applies to everyone who uses the websites, mobile applications and various other related platforms (the “Site(s)”) that are owned and operated by American First Finance, LLC (“AFF,” “we,” “us,” or “our”). Our goal is to make it clear and easy to read so that you know how we collect, use, and share your information and what rights you have with respect to your information.
  2. Contact Us For any questions regarding any aspect of this privacy policy and our use of your personal data, you may contact us using the contact information below:American First Finance, LLC
    Attn: Legal Department
    P.O. Box 565848
    Dallas, Texas 75356
    Email privacy@americanfirstfinance.com

    Telephone: (855) 721-1188

  3. Data We Collect and How We Use it We collect your information in a few ways. Some information you give to us because you want to learn more about our products and services or you want to purchase those products or services from us. Some information we get from you because of our use of cookies and similar technologies. No matter what we collect from you, it will be collected, used and shared only in the ways and for the purposes described in this privacy policy.
  4. Use of Cookies We use cookies in the Site(s). Some cookies stay on your device when you leave our Site(s), however, most cookies that we use are deleted when you leave our Site(s). If you would like further information on the use of cookies in the Site(s), please click the link to our Cookie Notice
  5. Sharing Your Personal Data The information that we collect from you may be used or shared for the reasons indicated here: to perform a contract or for some other business or commercial purpose; for our legitimate business interests; with your consent; or as may be permitted by law or required to comply with our legal obligations.
  6. Transmitting Your Personal Data Externally Please be aware that data collected through the Site(s) may be transferred within, stored in, and/or processed in the United States, Baja, Jamaica, India, and/or the Dominican Republic where our servers are located and our database is operated, or where our affiliates or third-party service providers servers or databases are located. We only share your data in order to fulfill the purposes for which you provide it to us (and which are listed above). Our internal staff sign contracts and strictly follow policies on protecting your information and making sure it doesn’t get into the hands of someone who isn’t allowed to have it. Likewise, our service providers are bound by contracts including restrictions on what they can do with the information we provide and security measures that they need to have and maintain to keep your information from use or access by others that are not authorized to use it or access it.
  7. Security We take the security of your personal data seriously. We have appropriate security measures and procedures in place to protect your personal data. If you have reason to believe that your information is no longer secure, please immediately contact us.
  8. Your Rights You may have certain rights under the data privacy laws applicable to you. We have listed the rights in more detail in the privacy policy that may be relevant to you and your information. We’ve also provided information about how to opt out of certain communications from us. If you would like to exercise any of your rights, please contact us.
  9. California Residents: Your Privacy Rights Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights with respect to AFF’s collection, use, and sharing of their personal data. The privacy policy provides a detailed explanation of those rights and how to contact AFF with any questions you may have.

Privacy Policy

Last updated: September 8, 2022

  1. About Us and Scope American First Finance, LLC. and its affiliates and subsidiaries (“AFF,” “we,” “us,” or “our”) are committed to protecting the privacy of your personal data. This privacy policy applies to any site owned and operated by AFF, including, but not limited to, any websites serving from the americanfirstfinance.com domain (the “Site(s)”). This privacy policy explains our policies and practices concerning collection, use, disclosure, and processing of your personal data collected through the Site(s) and by other related means (for example, through e-mail, phone calls and other communications).Depending on the nature of your relationship with us, there may be other websites, platforms, and related mobile applications that are distinct from the Site(s) that you use or are offered in the jurisdiction in which you are located. In such cases, there may be supplemental or different privacy policies which apply to your specific use. You are advised to review the privacy policies made available on each of the Site(s) that you use, as well as any other applicable privacy policies, notices, or statements provided by us to you.
  2. Data We Collect and How We Use it We only keep your information for as long as it is necessary to complete the purpose(s) for which you gave it to us or to comply with applicable laws and contractual obligations. This time period may vary based on the circumstances.There are two categories of personal data that we may collect when you visit the Site(s): data collected automatically; and data that you provide voluntarily.
    1. Data Collected AutomaticallyWhen you access the Site(s), we use automatic data collection technologies to collect your IP address, browser information (such as type, version, location and carrier), operating systems information, referral URL information, network information, user location, login dates and times, language preferences, access information, and information about how and when you use the Site(s) (e.g., page visits and views, link clicks, etc.). We collect this data through cookies, server logs, and other technologies, such as web analytics tools.
      • Use of Cookies We use cookies in the Site(s). Some cookies stay on your device when you leave our Site(s), however, most cookies that we use are deleted when you leave our Site(s). If you would like further information on the use of cookies in our Site(s), please visit the link to our Cookie Notice.
      • Web Beacons Our Site(s) may contain electronic images known as “web beacons” (sometimes called single-pixel gifs) and may be used along with cookies to compile aggregated statistics to analyze how our Site(s) are used. Web beacons 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 Site(s). For example, we may learn how many users access a specific page and which links they click on. We may use this aggregated information to understand and optimize how our Site(s) are used.
    2. Data that You Provide Voluntarily Our relationship with you (including the Site(s) that you use and the products or services you request) will dictate the types of personal data that we collect from you and our uses of such data. For example, we collect and use different personal data according to whether you are applying for our products or services, an existing customer to whom we provide products and services, a passive visitor of our Site(s), a merchant partner, or a job applicant. Where you provide personal data to us about other individuals (for example, where you are a merchant partner to whom we provide services and you provide us with personal data about your employees or your own customers), we will collect, use and disclose such personal data in accordance with this privacy policy. You must be authorized by the individual(s) to provide us with their personal data and it is your responsibility to refer such individuals to this privacy policy before providing us with personal data on their behalf.
    3. Information Obtained from Third Parties We may obtain personal information about you from third parties such as credit bureaus and identity verification services. If you apply for an account with us, either directly or through a merchant partner or a third-party platform, we may obtain consumer reports from consumer reporting agencies related to you at the time of your collection and periodically throughout the term of your account, as well as in connection with the use of any other services that we offer or that you may obtain from us. In order to verify your identity, some identity verification services we use may be dependent on data from Mobile Network Operators (“MNO”). By applying for an account with us, you authorize your wireless carrier, or MNO, to use or disclose information about your account with them and your wireless device, if available, to us or our service provider for the duration of your business relationship, solely to help identify you or your wireless device and to prevent fraud.
    4. Collecting and Processing Your Personal Data Personal data that we collect from you may include the following:
        • Contact information, such as: first and last name, title, company name, e-mail address, phone number, location, and postal address;
        • Social Security Number, drivers’ license number, passport number, taxpayer identification number, and date of birth;
        • Authentication and access information, such as: username, online identifier, internet password, account number, other similar identifiers, and related security information;
        • Financial information such as bank account, debit card, and credit card information;
        • Signature, state identification card number, employment, employment history, professional history, medical information, or health insurance information;
        • Characteristics of protected classifications under applicable state or federal law;
        • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
        • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement;
        • Feedback, inquiries or other communications about the Site(s) and our products and services;
        • Your preferences, such as: language, date format, notification method, postal code, and time zone;
        • Geolocation information depending on the specific AFF services you use, or internet protocol (IP) address;
        • Your profile picture (if provided voluntarily);
        • • Inferences drawn from any of the information identified in this section to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes;
        • Any other information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household; and
        • Other information that may be required under federal or applicable state laws.
      • We process your personal data in accordance with applicable laws and always for one or more of the following reasons:
          • To enter into or perform a contract or for other business or commercial purposes: For example, we use your personal data to:
          • Provide services through our Site(s), including maintaining and servicing accounts, processing or fulfilling orders and transactions, verifying customer information, processing payments, or providing financing or leasing;
          • Send you requested product updates or service information;
          • Respond to your customer service requests and communicate with you;
          • Fulfill the reason for which you provided us your information;
          • Further a commercial purpose, including any purpose to advance your commercial or economic interests, such as by inducing you to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction;
          • Offer you specific products and services; communicate with you; respond to customer service requests; facilitate use of the Site(s), fulfill the reason for which you provided us your information, to improve our Site(s) and content; for testing, research, analysis or product development; etc.; and
          • Use for short-term, transient purposes, provided that the personal information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
        • Our legitimate business interests: For example, we use your personal data to:
          • Make improvements to our Site(s), our internal operations, our security efforts, and our products and services which benefit our customers;
          • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity;
          • Debug to identify and repair errors that impair existing intended functionality;
          • Conduct audit activities related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
          • Conduct research and analysis for technological development and demonstration; and
          • Monitor and record through “session replay” technology your online interaction and/or telephone conversations with us from time to time to improve your experience.
        • With your consent: For example, we will obtain your consent to process your personal data for purposes of sending you marketing or promotional material. Consent can be withdrawn in these circumstances by opting out of such communications at any time; provided, however, that it will not affect data processed and/or stored prior to such withdrawal, unless required by law.
        • As otherwise permitted by law or where required to comply with one or more of our legal obligations: For example, we may process your personal data for the establishment, exercise, or defense of legal claims.
  3. Sharing Your Personal Data We will keep your personal data confidential and only share it with others in furtherance of one or more of the purposes above.
    1. Internal Disclosures We share your personal data, on a confidential basis, with those departments and staff members (including departments and staff members of our affiliates or subsidiaries) who are responsible for the applicable use or processing activity and who have a need to know in order to perform their duties.
    2. Disclosures to Third Parties We may share your personal data with third-party service providers and only in the ways described in this Policy and our Privacy Notice (if applicable to you), and the Privacy Notice of our partner, FinWise Bank (if applicable to you), which are available on our Site(s). A list of the categories of third-party service providers to whom your data may be disclosed is provided below:
      • Any agent or representative acting for you;
      • Insurers or reinsurers;
      • Auditors;
      • Law firms and other advisors;
      • Credit referencing, debt collection and fraud and prevention agencies;
      • IT service providers, IT maintenance providers, and cloud service and hosting providers;
      • Regulators and other applicable governmental bodies;
      • Selected third parties in connection with any sale, transfer, or disposal of our business; or
      • Any other person where necessary to perform a contract with you, to protect ourselves from risk, or to ensure regulatory compliance or good governance.
      • 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.
  4. Sale We do not sell personal information, and we will not sell personal information except if we provide you with notice and a right to opt-out of such sale.
  5. Third-Party Sites For your convenience, our Site(s) may contain links (embedded or otherwise) to websites, online services, or mobile applications that are operated by third parties (“Third-Party Sites”). These Third-Party Sites are operated independently from our Site(s). We are not responsible for the content, security or privacy policies of any such Third-Party Sites. You should review the specific privacy policies of those Third-Party Sites to determine how they collect, protect, store, use, or otherwise process your personal data.
  6. Security and Retention of Your Personal Data We take the security of your personal data seriously. We have implemented appropriate technical and organizational security measures and procedures designed to protect against the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your personal data. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the contact information provided below.
  7. Your Rights To the extent provided by law, you may have the right to:
    1. Request access, updates or corrections to your personal data, or that we delete your personal data;
    2. Request a disclosure of the personal data that we have collected from you;
    3. Request transfer of your personal data;
    4. Request we restrict access to your personal data;
    5. Object to our processing of your personal data; or
    6. Lodge a complaint with your local data privacy regulator.
      • The rights listed above may not apply in every circumstance or to every user. You can exercise your rights or request more information about your rights by contacting us using the contact information below. If we require further information from you to process your request or verify your identity, one of our staff will contact you. Verification of your identity may be through various means, including but not limited to, verification against our own records, through the use of a password-protected account that you maintain with us, or by other means we deem appropriate given the nature of the request and the personal data involved. In any case, we will attempt to respond to each of your requests not later than thirty (30) days after receipt of such requests or in such other timeframe as may be specified by applicable law. We will advise you in writing if we cannot meet your requests within this time limit.
      • Please note that there may be certain circumstances where we cannot comply with your request; such as where complying with it would mean that we couldn’t comply with our own legal or regulatory requirements or an exemption under applicable law applies to the specific circumstances. In these instances, we will let you know why we cannot comply with your request.
        • California Residents: Your Privacy Rights Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights with respect to AFF’s collection, use, and sharing of their personal data.AFF collects various categories of personal data when you use the Site(s). A detailed description of the data AFF collects and how we use it is provided above (Section entitled – “Data we collect and how we use it”). You will find that the Section entitled “Sharing your personal data” describes the categories of third parties with whom we share your personal data and what information may be shared under different circumstances.We will not discriminate against you for exercising your rights under the CCPA. We will not: (i) deny goods or services to you, (ii) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, (iii) provide you a different level or quality of goods or services, or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. We do not offer financial incentives associated with our collection, use, or disclosure of your personal data.Separate from the CCPA, California’s Shine the Light law gives California residents the right to ask companies what personal data they share with third parties for those third parties’ direct marketing purposes. We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure.If you have any questions regarding this privacy policy or wish to submit a rights request to AFF, you may contact us using the contact information provided below.
        • How to ‘Opt Out’ from Marketing You have control over the extent to which we market to you and can request that we stop sending you marketing messages at any time. You can do this by either clicking on the “unsubscribe” button in any marketing email that we send to you or by contacting us using the contact information set forth below.Please note that even if you opt out from receiving marketing communications, we may still send you service-related and administrative communications from which you cannot opt out without choosing to discontinue doing business with us.
  8. Do Not Track Disclosure “Do Not Track” is a preference that you may be able to set on your browser (if supported) to opt out from online behavioral tracking. The Site(s) do not collect personally identifiable data about you as you move across different websites over time in order to provide targeted advertising and, therefore, do not respond to “Do Not Track” signals.
  9. Childrens’ Use of the Site(s) The Site(s) are not directed to or intended for children. We do not seek or knowingly collect personal data from individuals under the age of 18 and we will delete such personal data from our databases as soon as practicable and in accordance with applicable law. Please visit the Federal Trade Commission’s website to learn more about the Children’s Online Privacy Protection Act (COPPA).
  10. Our Contact Information For any questions regarding this privacy policy, how to exercise your rights, or to inquire about our collection, use, disclosure, and processing of your personal data, you may contact us using the contact information below:
    • American First Finance, LLCAttn: Legal Department
      P.O. Box 565848
      Dallas, TX 75356
      Email privacy@americanfirstfinance.comTelephone: (855) 721-1188

      Your authorized agent may also make requests on your behalf. Please have your authorized agent contact us using the information above and to include the proper documentary evidence that demonstrates their authority to make such a request on your behalf. Such documentary evidence includes a signed permission by you or a properly executed power of attorney. Where you have provided signed permission to the authorized agent, we may take steps to verify your identity or directly confirm with you that you have authorized the agent to make a request on your behalf.

  11. Changes to this Privacy Policy From time to time, we may need to make changes to this privacy policy (for example, as the result of changes to law, technologies, Site content or other developments). We will provide notice of such changes by posting them on the Site(s). You can also access the Privacy Policy periodically to view the most recent version.

Legal Cookie Disclosure Language

  1. Cookie Notice A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:
    • Assisting you in navigation;
    • Assisting in registration to login, and your ability to provide feedback;
    • Analyzing your use of our products, services or applications;
    • Assisting with our promotional and marketing efforts (including behavioral advertising).

    Below is a detailed list of the cookies we use on our Website. Our Website is scanned with our cookie scanning tool regularly to maintain a list as accurate as possible. We classify cookies in the following categories:

    • Strictly Necessary Cookies
    • Performance Cookies
    • Functional Cookies
    • Targeting Cookies

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.