Last Modified: February 13, 2020
American Financial Resources, Inc. (herein referred to as AFR) has been committed to your financial well-being and protecting the privacy and security of the information you share with us since our inception in 1997.
This Privacy Disclosure Statement applies to your interaction with American Financial Resources, Inc or any of its wholly-owned subsidiaries or brands, including, but not limited to AFR Wholesale and eLEND, at any online or mobile site or application that we own and control (“Site”), unless a different online and/or mobile policy is posted at a particular site, or is made available to you and by its terms supplants this Policy.
Agreement To Policy
By using a Site or interacting with an AFR advertisement or page or account on a third- party site, you consent to this Policy, including your consent to our use and disclosure of information about you in the manner described in this Policy.
Gathering, Using, and Sharing Information
Types Of Information
You may interact with us in a variety of ways online, including through a mobile device. We may offer sites or applications that permit browsing and do not require registration. We may also offer the ability to enroll, register or access your accounts online. Information that we may collect about you through online interaction includes information that you input, such as your name, address, email address, other contact information; data resulting from your activity, such as transaction information; and location information. We may also gather additional information, such as the type of device and browser you are using, the IP address of your device, information about your device’s operating system, and additional information associated with your device. We may also gather information collected through cookies, tags, and other technologies, as described further below.
The types of personal information we collect and share depend on the product or service you have with us. This information may include:
- Social Security number and employment information including tax returns, w-2s, paystubs and related documents
- Account balances and transaction history
- Credit history and investment experience
- Social Security Number
- Current and previous home ownership experience, including physical and mailing addresses
- Letters of explanation regarding credit or employment events
- Date of birth / age
- Other information required by our investors or insurers (such as HUD)
Social Security numbers are classified as “Confidential” information under the AFR Information Security Policy. As such, Social Security numbers may only be accessed by and disclosed to AFR employees and others with a legitimate business “need to know” in accordance with applicable laws and regulations. Social Security numbers, whether in paper or electronic form, are subject to physical, electronic, and procedural safeguards, and must be stored, transmitted, and disposed of in accordance with the provisions of the Information Security Policy applicable to Confidential information. These restrictions apply to all Social Security numbers collected or retained by AFR in connection with customer, employee, or other relationships.
About “cookies” and Ad Choices On Third Party Sites
Do you have to accept cookies?
You may be able to set your browser to reject browser cookies. However, if you choose to reject cookies, you may not have access to your accounts. Therefore, if you set your browser options to disallow cookies, you may limit the functionality we can provide when you visit our Site. The latest versions of internet browsers provide cookie management tools, such as the ability to delete or reject cookies. We recommend that you refer to information supplied by browser providers for more specific information, including how to use these tools.
Cookies is a term also used to describe other locally stored objects, such as cookies stored in an Adobe folder on your device. These cookies will not be deleted when you clear cookies from your browser. We may use this technology for purposes such as information security and fraud prevention. We do not use this technology for online behavioral advertising purposes. Please refer to information provided by Adobe for information on how to disable and control Flash objects. If you choose those options, you may limit the functionality we can provide when you visit our Site.
Additional technologies. We may also use additional technologies such as pixel tags, web beacons, and clear GIFs, and may permit our third-party service providers to use these technologies. We use these technologies for purposes such as measuring the effectiveness of our advertisements or other communications, determining viewing and response rates, and determining which offers to present to you on our own or on third party sites.
Using information. In addition to the uses described above, we use information for purposes as allowed by law such as: servicing; communicating with you; improving our Site, products, or services; legal compliance; risk control; information security; anti-fraud purposes; marketing or personalizing the presentation of our products and services to you; tracking website usage, such as number of hits, pages visited, and the length of user sessions in order to evaluate the usefulness of our sites; and using read-receipt notifications in our email communications.
We may share information with service providers with whom we work, such as data processors and companies that help us market products and services to you. When permitted, or required by law, we may share information with additional third parties for purposes including response to legal process.
When you submit a loan application to us, we may ask for information that may include where you work, what you do, your income, assets, debts and obligations, your financial goals and other similar information. We use this information when evaluating your eligibility for a loan. This evaluation also requires us to obtain information about you from others such as consumer reporting agencies (also known as credit bureaus), the IRS, licensed title search companies, and your hazard and/or flood insurance company.
In addition, American Financial Resources, Inc. may provide third party firms with information furnished by you, such as names, addresses and the financial information you have provided to us or that we have obtained from others about you. Any use of this information will be restricted to advancing your request for a loan, locating a home, or the marketing of other financial products American Financial Resources, Inc. may offer. We will never sell information about you to any other organization.
We may also provide certain information to others when legally required to do so (for instance, in response to a subpoena), to prevent fraud, or to comply with a request by a government agency or regulator.
From our web pages, we do not knowingly collect personal information from individuals under the age of 13 without obtaining verifiable consent from their parents.
For more information about the Children’s Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov.
Do Not Track Policy
We do not currently change how our website operates when receiving a Do Not Track request from a visitor’s web browser. We only collect personally identifiable information when you proactively provide it to us, such as when submitting a rate quote request, but it will remain possible to submit information when utilizing the Do Not Track option.
For more information, or if you have any questions or concerns, please contact us via email at firstname.lastname@example.org or by mail at:
American Financial Resources, Inc.
7 Entin Road, Suite 202, Parsippany, NJ 07054
This section supplements the information in our privacy notice and applies solely to California residents (“California Consumer” or “you”). A business that collects a California consumer’s personal information must inform consumers as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. Any terms defined in the California Consumer Privacy Act of 2018 (“CCPA”), Cal. Civ Code § 1798.100 et. seq., have the same meaning when used in this notice.
PLEASE NOTE: Any personal data collected in relation to a mortgage loan is exempt from the consumer rights to know, delete and opt-out created under CCPA because this information is governed by the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the California Financial Information Privacy Act or other state and federal laws which exempt this data from CCPA.
For residents of California, in connection with marketing and sales activities AFR may request and consumers may provide Personal Information. In addition, AFR may use other sources to obtain information related to our marketing activities, such as your IP address or email address. AFR does not sell the information it gathers from you or about you. AFR does not currently take actions and/or respond to “Do Not Track” signals which you may have enabled in your browser settings. Third parties that have content or services on our site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits and this information may include personal information.
Information We Collect
AFR collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). As described above, not all of the Personal Information collected below is subject to CCPA. All Personal Information collected pursuant to this notice that is subject to CCPA is collected for a Business Purpose and may be shared with service providers if necessary to perform a Business Purpose. We may have collected the following categories of personal information from consumers within the last 12 months:
|Category||Examples||Does the Company collect this Category of Information?||Categories of Sources from which the Information was Collected||Business Purpose||Categories of third parties with whom the business shares this information|
|A. Identifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES||Consumer Directly, Lead Providers||Mortgage loan origination and related services*||See below**|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, any other financial information, or medical information. Some personal information included in this category may overlap with other categories.||YES||Consumer Directly, Lead Providers||Mortgage loan origination and related services*||See below**|
|C. Protected classification characteristics under California or federal law||Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, , veteran or military status, genetic information.||YES||Consumer Directly, Lead Providers||Mortgage loan origination and related services*||See below**|
|D. Commercial information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES||Consumer Directly, Government Entities, Lead Providers||Mortgage loan origination and related services*||See below**|
|E. Biometric information||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, gait, or other physical patterns, and sleep, health, or exercise data.||NO||N/A||Mortgage loan origination and related services*||See below**|
|F. Internet or other similar network activity||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES||Consumer Directly, Lead Providers||Mortgage loan origination and related services*||See below**|
|G. Geolocation data||Physical location or movements.||NO||N/A||Mortgage loan origination and related services*||See below**|
|H. Sensory data||Audio, electronic, visual, thermal, olfactory, or similar information.||NO||N/A||Mortgage loan origination and related services*||See below**|
|I. Professional or employment-related information||Current or past job history or performance evaluations.||YES||Consumer Directly, Government Entities, Lead Providers||Mortgage loan origination and related services*||See below**|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||YES||Consumer Directly, Government Entities, Lead Providers||Mortgage loan origination and related services*||See below**|
|K. Inferences drawn from other personal information||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO||N/A||Mortgage loan origination and related services*||See below**|
* Related services may include, but are not limited to real estate services, insurance, escrow and other closing services, notary, appraisal, other consumer credit services, home warranty, and other services related to home purchase, home ownership, or related consumer transactions.
** While we do not sell your data, we may share that data with our joint marketing partners which may include credit card companies, financial services providers, realtors, builders and other residential real estate companies. This sharing is done pursuant to federal law and is exempt from the California state requirements under CCPA.
Rights Under CCPA
Right to Know About Personal Information Collected, Disclosed, or Sold. California consumers have the right to request that a business disclose what personal information it collects, uses, discloses, and sells.
Right to Request Deletion of Personal Information. Under CCPA, you may have the right to request the deletion of your personal information collected or maintained by the Company.
Right to Opt-Out of the Sale of Personal Information. Under CCPA, you may have the right to opt-out of the sale of their personal information by a business. Note that as defined in CCPA, the Company does not, and will not, sell your personal information.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights. Under CCPA, you have the right not to receive discriminatory treatment by the Company for the exercise of the privacy rights conferred by the CCPA.
Instructions for Submitting a Verifiable Consumer Request to Know, Delete, or Opt-Out
For a request to be acknowledged, you may call our toll-free number at (844) 331-6797 or send us an email at email@example.com. After submitting a request, we will verify your identity by matching the identifying information provided by you to the personal information already maintained by us, or, in cases where your request requires a higher degree of certainty, we may use a third-party identity verification service or ask for a photo ID or for more information. Any information you provide us that is not already in our system will be deleted after your request has been fulfilled.
You may use an authorized agent to submit a request to know or a request to delete. If you use an authorized agent to submit a request to know or a request to delete, you must provide the Company with written permission from you giving the authorized agent permission to submit the request on your behalf, and you may be required to verify the authorized agent’s identity with the Company. The Company may deny a request from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.
Policy Updates and Effective Date
If we make updates to this Policy, we will update the Policy with the changes and revise the “date of most recent update” posted at the top of this Policy. Any updates to the Policy become effective when we post the updates on the Site. Your use of the Site following the update to the Policy means that you accept the updated Policy.