PRIVACY POLICY

Privacy Policy

This Privacy Policy is effective January 30, 2019.

Carpay, Inc., a Delaware Corporation, ("Company", "We", “Us”, or “Our”) respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. Carpay™ is a platform for consumers to make payments on auto loans to dealers and for auto dealers to manage their auto loan portfolios. This Privacy Policy describes the types of information we may collect from consumers or that consumers may provide when they visit our website located at www.carpay.com, or use our Carpay mobile application, telephone payment or online services, or software offered by us (collectively, the "Site"). This Privacy Policy applies to information we collect: on the Site; in email, text, other electronic messages between you and us; and other interactive features. This Privacy Policy does not apply to information collected by us offline or via third party sites that may be accessed through hyperlinks on our Site; it also does not alter the terms of any other agreement that you may have with us.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. Your use of the Site reflects your acceptance of this Privacy Policy. If you disagree with any portion of this Privacy Policy, your sole remedy is to immediately discontinue using the Site. This Privacy Policy may change from time to time (see “Changes to Privacy Policy.”) Your continued use of the Site or our services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. This Privacy Policy is intended for users of our services and the Site who live in the United States.

  1. Personal Information We Collect. "Personal information" is data that can be used to uniquely identify or contact a single person. Personal information we collect may include your name, date of birth, phone number, social security number, mailing address, vehicle information, loan details and payment history, e-mail address and payment information, such as bank account information, credit card number and expiration date. We may also collect vehicle information and financing information. For example, when you register for our services, we require you to provide personal information, including, without limitation, your name and email address. Or when you use the "Send us a message" or "Contact" links on the Site, we collect personal information you submit, such as your name and e-mail address. We may use links throughout the Site to provide you with the opportunity to contact us via e-mail to ask questions, request information and materials, or provide comments and suggestions. You may also be offered the opportunity to have one of our representatives contact you personally to provide additional information about our services. To do so, we may request additional personal information from you, such as your name and telephone number, to help us satisfy your request.

    By initiating any activity or transaction that uses financial information on our Site, you consent to providing your financial information to us and our service providers processing the transaction to the extent required to provide the payment services to you. When we collect payment information directly from you, like credit card numbers and expiration dates, we transmit this payment data directly from you to the credit card processing company and it is not stored by us.

  2. Information We Receive from Third Parties. We may receive information about you (including personal information) from third parties. For example, if you are on another website and you opt-in to receive information from us, that website will forward to us your e-mail address and other information about you so that we may contact you as requested. We may also supplement the information we collect about you through the Site with outside records from third parties, such as car dealers, in order to enhance our ability to serve you. This information may include details of your vehicle and your car loan with the dealer, including your name, address, phone number, email address, loan amount and details, payment schedule, payment history, social security number and vehicle identification number. We may combine the information we receive from these third parties with information we collect through the Site. In those cases, we will apply this Privacy Policy to any personal information received, unless we have disclosed otherwise.

  3. Cookies; Traffic Data. Whenever you visit or interact with the Site, we, as well as our service providers, may use assorted data collection and tracking technologies that automatically or passively collect information about how the Site is accessed and used. We refer to this information as traffic data. Traffic data may include browser type, device type used to access the Site (i.e., computer or mobile device), unique number assigned to identify such device, operating system, application version, click path taken through the Site, your use of features or applications on the Site, and other publicly available information. This information helps us improve the Site, products and services. Traffic data is generally non-identifying, but if we associate it with you as an identifiable person, we will treat it as personal information.

    Technologies we use on the Site to collect traffic data may include cookies (data files placed on your computer or other devices used to access the Site), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an e-mail, which indicates that a page or e-mail has been viewed). We may utilize a short-lived form of cookie when you visit the Site. A cookie is used to identify one unique visitor from another visitor during a particular session. A session is the period of active Site-use while that unique visitor is linked to our server. We may use cookie technology during a session as a tool to carry forward your input information. This enables the visitor to input their information once and have the information appear later. No personal information is stored on the cookie. A pixel tag may tell your browser to get content from another server. We, or our vendors, may place cookies or similar files on your computer or other devices used to access the Site for security purposes, to facilitate Site navigation and to personalize your experience while visiting the Site.

    To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser's cookie folder, please refer to your browser's help menu or other instructions related to your browser. If you do disable or opt out of receiving cookies, please be aware that some features and services on the Site may not work as intended and you may not have access to all of the services and features we may offer.

  4. Do Not Track Requests; Third Party Tracking. Unless your browser or device settings are configured to make your online activities and publicly available information about your online activities (such as traffic data as described above) invisible to usage analytics tools, we do not presently have the capability to omit you from usage analytics to the extent your browser or device only sends us a "do not track" message and does not otherwise screen you from tracking without any action on our part. Third parties, other than our vendors (such as our website analytics provider), do not have authorization from us to track which websites you visited prior to and after visiting the Site. That said, we cannot control third party tracking and there may be some third party tracking that occurs without our knowledge or consent.

  5. How We Use and Store the Information We Collect. We collect and use your personal information for a variety of business purposes, including to respond to your requests, to provide the services that you request; to communicate with you about our services; to do all things necessary to administer the Site and our services, and manage, protect and improve them; to notify you about changes to our Site or any services we offer; to carry out our obligations and enforce our rights arising from contracts entered into between you and us, including for billing; to conduct internal analysis of the Site; to prevent fraudulent or illegal activities; in any other way we may describe when you provide the information; and for any other purpose with your consent. We will retain users’ Personal Data to the extent such retention is adequate, relevant and limited to what is necessary for the purposes for which they are processed. In particular, we will not retain Personal Data for any longer than necessary for the purposes of performing the processing outlined in this Privacy Policy. We may also store the information detailed in sections 1 and 2 of the Privacy Policy on our equipment or the equipment of third parties that we have a relationship with. Such storage services will be governed by appropriate protections, as required by applicable rules.

  6. Information We Share with Others. We may disclose your personal information and other information we collect to our affiliates or subsidiaries that require access to your personal information for business purposes; to contractors and service providers that we use to support our business and the Site; to third parties to protect the security and integrity of the Site, to correct technical problems and malfunctions on the Site, to technically process your information, to provide services or to take precautions against liability. We also may provide your personal information to vendors who provide services on our behalf, such as our third-party payment processor. If you provide credit, debit or other payment card and related details to us in order to make a payment, we will use such information only for the purpose of processing the payment. Any credit card and related billing and payment information that you provide to us may be shared by us with companies who work on our behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment and servicing your account. If you request services via a mobile device, your request will be transmitted via your mobile carrier's network and your carrier may have access to it. Consult your carrier's privacy policy for additional information.

    We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. We reserve the right to disclose any personal information as needed if that information is requested by law enforcement agencies or if we are required to do so by law, treaty, regulation, subpoena, court order, or by a government entity. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating any agreement with us, including our Terms of Use. In addition, we may disclose aggregated information about our users, and information that does not identify any individual without restriction.

  7. Security. We use reasonable precautions, including technical, administrative, and physical procedures, to protect personal information from loss, misuse, or alteration. Although guaranteed security does not exist on the Internet or offline, we make commercially reasonable efforts to handle such information consistent with this Privacy Policy and applicable laws. Due to the design of the Internet and other factors outside our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties. 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 Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

  8. Opt-Out; Changes in Personal Information. If you need to correct, update, delete or deactivate your personal information, please contact us at any time by sending an e-mail to support@carpay.com. If you are a registered user, you may edit some of your personal information, such as email address, by clicking "Account Settings." If you receive any promotional e-mail communication from us, you will be given the option to "unsubscribe" from receiving further e-mail communications from us at any time. Your option not to receive promotional and marketing material will not preclude us from corresponding with you, by e-mail or otherwise, regarding your existing or past business relationships with us, and will not preclude us from accessing and viewing your personal information in the course of maintaining and improving the Site and our services.

  9. Text Messages. If you are a registered user, you may receive account notifications via text message. To opt out of mobile messaging, you may edit your email and text messaging preferences by clicking on "Account Settings" and modifying the "Notification Preferences" section.

  10. Third Party Links. The Site may contain links to third party websites that are not controlled by us. These links are made available to you as a convenience, and you agree to use these links at your own risk. Please be aware that we are not responsible for the privacy practices or content of such third party websites. If you navigate to a third party website from the Site, we strongly encourage you to review and become familiar with that third party website's own privacy policy and statements. Use of third party social networking websites, such as Twitter, Facebook and LinkedIn, are governed by the privacy policies and practices of those websites.

  11. Advertising. We may enter agreements with advertising networks, under which such advertising networks may place advertisements on our Site. We have no responsibility for and do not control these advertising networks, the websites of third parties reached through links on our Site or their information collection practices. The advertising network and other companies with which they work may use cookies and other technologies to collect certain non-personally identifiable information when you click on the banner ads appearing on our Site. We have no responsibility for the collection or use by such third-parties for such information. Note, that we will not share your Personal Information with third parties for their marketing purposes without obtaining your prior consent. Moreover, if you have granted us permission, such third parties’ use of your Personal Information will be subject to their privacy policies. You should contact those entities directly regarding any communications you may receive from them, including, if you later decide that you no longer want that third party to use your personal information.

  12. Children. The Site is not intended for use by children in the United States under the age of 18, and we do not knowingly collect personal information from such individuals. If we learn that we have collected the personal information of any such individual, we will take steps to delete the information as soon as possible. Children under the age of majority in any jurisdiction outside of the United States should not provide any personal information without their parent's consent.

  13. Notice to Residents of Countries Outside the United States. We are headquartered in the United States. Personal information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. If you are located outside of the United States, be advised that any information you provide to us will be transferred to and stored in the United States and that, by submitting information to us, you explicitly authorize its transfer and storage within the United States. We will protect the privacy and security of personal information according to this Privacy Policy regardless of where it is processed or stored.

  14. Your California Privacy Rights. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship what types of personal information, if any, the business shares with third parties for direct marketing purposes by such third parties and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, please contact us either by e-mail at support@carpay.com or at the address below:

    CarPay, Inc., 1209 N Orange St. Wilmington DE 19801 USA, Attention: CA Privacy Requests

  15. Changes to Privacy Policy. We reserve the right to change or replace this Privacy Policy at our sole discretion at any time. In the event this Privacy Policy should materially change, we will generally notify our users by posting a notice of such change in a separate section of this Privacy Policy. Your continued use of any of the Site following the posting of changes to our Privacy Policy means you accept those changes.

  16. Contact Us. We welcome your questions and comments about our Privacy Policy. Please contact us at support@carpay.com.