Upturn USA Privacy Policy & Federal Privacy Notice

Welcome to Upturn USA. We are committed to respecting and safeguarding your privacy. This Privacy Policy outlines how Upturn USA LLC (“Upturn,” “we,” “us,” or “our”) collects, uses, protects, and discloses your personal information when you use our website, services, and mobile applications. By accessing or using Upturn USA’s platforms, you consent to the practices described in this policy.

If you have any questions or concerns about our Privacy Policy, or if you need assistance in exercising your privacy rights, please contact us at [Insert Email Address].

This Privacy Policy applies to all current and former Upturn USA customers. To use our services, you must be at least 18 years of age. Our website, services, and mobile applications are designed for a general audience and are not directed toward children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us at [Insert Email Address], and we will take steps to remove such information and terminate the account.

Effective January 1, 2020, the California Consumer Privacy Act (CCPA) provides specific rights and protections to California residents. If you are a California resident, please refer to the section entitled “Notice At Collection & Privacy Notice (California Residents)” below for additional information.

Information We Collect About You

Information You Provide to Us

We collect personal information that you provide while using Upturn USA’s websites, such as when you apply for a personal loan or register for our services. This information may include:

  • Identifying information (e.g., name, address, email, telephone number, and date of birth)
  • Social Security number
  • Employment and income details
  • Bank account information
  • Information about any co-applicants
  • Government-issued identification
  • Any other personal information you choose to provide

We may also gather names, email addresses, and phone numbers from individuals who contact us with questions. This information is used solely for responding to inquiries. If you use our “refer-a-friend” feature, we will collect the necessary information to process your referral.

Information Collected from Third Parties

When you apply for a personal loan or use our services, we may collect information from credit bureaus and other third-party sources to evaluate credit eligibility, manage risks, provide marketing offers, and assess your financial obligations. This information may include:

  • Credit score, credit history, and other financial information
  • Bank account transactions
  • Information related to any disputes with merchants or service providers

We may also collect information from third parties that refer you to Upturn USA or assist you in the application process.

Information Collected Based on Your Activity

We collect information about your transactions and activities on our websites and mobile applications. This may include:

  • Payment history
  • Transaction data
  • Details about your visits to our websites, including IP address, geographical location, operating system, browser type, referral source, and more
  • Mobile device identifiers and geolocation information (with your consent)

Tracking Technologies

We use cookies, pixel tags, web beacons, and similar technologies to collect information on our websites. This data helps us analyze trends, administer our sites, track users’ movements, and understand how visitors interact with our services. You can control the use of cookies through your browser settings, though this may limit your ability to use certain features.

Do-Not-Track Signals

Upturn USA does not process or respond to “do not track” signals or similar requests that aim to disable the collection of information about your online activities over time and across different websites.

How We Use Your Information

Processing Transactions and Providing Services

We use your information to process transactions and deliver services, including:

  • Verifying your identity and application information
  • Enabling payments and fund transfers
  • Implementing collection activities as needed
  • Communicating with you regarding your account, transactions, and disputes

Analysis and Data Optimization

We analyze your information to improve our services, credit models, and website usability, and to evaluate the success of marketing campaigns.

Marketing and Surveys

Upturn USA may use your personal information to send you marketing communications, newsletters, surveys, and requests for feedback. You may opt out of these communications at any time by following the instructions provided in each email or by contacting us directly.

How We Share Your Information

Upturn USA may share your information with third parties as permitted by law, including in the following ways:

Lending Partners

When you apply for a personal loan through Upturn USA, your information is shared with third-party lending partners (“Lending Partners”) who may assist with your loan application. This includes providing your information to potential Lending Partners both during and after the application process. The handling of your information by Lending Partners is governed by their respective privacy policies.

Co-Applicants / Co-Borrowers

We may share relevant information with your co-applicant or co-borrower as needed to process your loan application and manage your account.

Service Providers

Upturn USA uses third-party service providers for various functions such as managing records, customer service, risk analysis, marketing, fund transfers, and debt collection. We may share your information with these service providers to enable them to perform their services on our behalf. They are authorized to use your information only for the purposes of providing these services.

Loan Servicing Partners

For personal loan servicing, we may share your information with partners responsible for processing, servicing, and managing your loan. These partners may collect information directly from you through their platforms, and their use of your information will be governed by their own privacy policies.

Loan Purchasers

If your personal loan is sold, we may provide the purchaser and their agents with your personal and loan details. This may include sharing with financial institutions, service providers, debt buyers, and auditors. In some cases, purchasers may use this information for marketing purposes. However, personal identifiers are not shared in connection with the sale of fractional loan products.

Referral Partners

If you were referred to Upturn USA by another company or individual (a “Referral Partner”), we may share your information as necessary to process your application and fulfill the referral arrangement. In some cases, we may also share information with the Referral Partner for their own business purposes, such as marketing or business analysis.

Credit Bureaus

We may share your information with credit bureaus to meet our credit reporting obligations.

Affiliates

Upturn USA and its affiliates may share your information with each other for business analysis, creditworthiness assessments, or targeted marketing.

Your Consent

We may share your personal information with third parties when you give your consent or direct us to do so.

Legal Compliance & Regulatory Requirements

We may disclose your information to comply with legal requirements, regulations, or governmental requests. This includes sharing information to prevent fraud or in connection with audits or potential sales of Upturn USA.

Sharing of Anonymized Data

We may share aggregated and anonymized data with third parties, including business partners and affiliates. These data sets will not include any personally identifiable information.

Notice to California and Oregon Residents

If you are a resident of California or Oregon, you have specific rights regarding your personal information under state law. Please refer to the relevant sections of this policy for more details on these rights and how to exercise them.

Additional Facts About Your Personal Information

How You Can Change Your Personal Information

As a registered personal loan applicant or borrower, you can update your password, email, phone number, bank account information, or mailing address. Note that changes made before loan origination may require submitting a new loan application. For assistance, you may also contact us at [Insert Email Address]. We will respond to your request in a timely manner.

How Upturn USA Secures Your Information

Upturn USA takes the protection of your personal information seriously. We use a range of physical, technical, and operational measures to ensure its security during transmission and once received. For any questions regarding our security practices, please contact us at [Insert Email Address].

Our security measures include:

  • SSL Encryption: We use Secure Socket Layer (SSL) certificates to secure your connection to our website, ensuring that data transmitted to us is encrypted.
  • Access Controls: Personal information is accessible only through secure, password-protected service access points. We use encryption, firewalls, intrusion prevention systems, and malware detection to safeguard data. Regular vulnerability scans are conducted to ensure system security.
  • Restricted Access: Access to personal information is limited to authorized personnel only, supported by a security awareness program, background checks, and strict internal policies.
  • Secure Data Centers: Sensitive financial data is stored in state-of-the-art data centers with rigorous security standards and threat prevention technologies.
  • Session Time-Outs: To protect your account, we implement automatic session time-outs after periods of inactivity, reducing the risk of unauthorized access.
  • Account Authentication: Accounts require secure authentication, including passwords with a combination of letters and numbers. We provide secure methods for password recovery if needed.

Additional Steps You Should Take

To further protect your personal information:

  • Secure your email account and be cautious of phishing attempts. Upturn USA will never request your login information via email.
  • After using our website, log out completely, close the browser window, and clear cached files and saved passwords, especially if using a shared or public computer.

Changes to This Privacy Policy

Updates to our Privacy Policy are effective when posted on our website. Significant changes will be communicated via email or through your account at www.upturnamerica.com if you have one. Continued use of our services after such updates signifies your acceptance of the revised policy.

For further information or questions about this policy or our privacy practices, please contact us at:

Upturn USA
50 W BDWY STE 333 #551603
Salt Lake City, UT 84101
[Insert Phone Number]

[Insert Email Address]

Effective date: August 20, 2024

Notice At Collection & Privacy Notice (California Residents)

Effective January 1, 2020, the California Consumer Privacy Act (“CCPA”) grants specific rights to California residents regarding their “personal information,” as defined under the CCPA. This Notice explains how Upturn USA collects, uses, and discloses information that identifies, relates to, describes, or could be reasonably linked with you or your household (“personal information”). Note that this Notice does not cover information regulated by other federal and state privacy laws, such as the Gramm-Leach-Bliley Act (“GLBA”), the California Financial Information Privacy Act (“CFIPA”), the Fair Credit Reporting Act, and other similar laws.

Categories and Sources of Personal Information

Upturn USA may collect and process the following categories of personal information from you:

  • Identifiers: Name, telephone number, postal address, email address, IP address, driver’s license, social security number, state ID card, passport number, and other similar identifiers.
  • Personal Information: As defined in the California Customer Records statute (Cal. Civ. Code §1798.80(e)).
  • Protected Characteristics: Date of birth, gender, military or veteran status, marital status, nationality, citizenship.
  • Sensitive Personal Information: Social security number, driver’s license, state ID card, passport number, race, age, national origin, disability, gender, and veteran status.
  • Professional or Employment Information: Job history and salary.
  • Education Information: Details of your education.
  • Commercial Information: Records of personal property, products or services purchased, or other purchasing or consuming histories.
  • Audio and Visual Information: Voice recordings of telephone conversations, emails, and instant messages.
  • Inferences: Derived information used to create a profile reflecting your preferences or characteristics.

We collect this information through your interactions with our services and third-party financing platforms to process your personal loan application, service your account, meet legal obligations, verify identity, prevent fraud, complete transactions, and improve our services.

Information About Your Interactions with Our Website and Mobile Application

We collect information about your interactions with our website and mobile application, including:

  • Identifiers: IP address, mobile device identifier, operating system, browser type.
  • Internet Activity: Click movements, referral source, time and length of visit, browsing history.
  • Geolocation Data

This information helps us maintain website security, fix errors, conduct research, and improve our services.

Information from Third Parties for Marketing

We may obtain personal information from marketing service providers, including:

  • Identifiers: Name, address, email address.
  • Internet Activity: Browsing history and interaction with websites or advertisements.

We use this information to present you with marketing offers and communications.

Information from Business-to-Business Interactions

We collect contact information from business partners and potential business contacts for communication purposes.

How Upturn USA Discloses Personal Information

Upturn USA may disclose your personal information to:

  • Employees and Affiliates: For internal business purposes.
  • Service Providers: To perform services on our behalf, such as marketing or surveys.
  • Business Transfers: In connection with mergers, acquisitions, or asset sales.
  • Legal Compliance: To comply with laws, enforce rights, investigate wrongdoing, or respond to legal requests.

Retention Policy

We retain personal information only as long as necessary to fulfill the purposes for which it was collected, comply with legal requirements, and conduct business operations.

Sharing or Selling Personal Information

Upturn USA may share or sell personal information for marketing purposes, including:

  • Identifiers: IP addresses, cookie identifiers, email addresses.
  • Internet Activity Information

We do not sell or share personal information of individuals we know are under 16 years of age. You may opt-out of such sharing. For more information, see “Do Not Sell / Share My Personal Information.”

Your Rights Under the CCPA

California residents have the following rights:

  • Right to Know/Access: Information about the categories and sources of personal information we collect, the purposes for collection, and any third parties with whom we share this information.
  • Right to Delete: Request the deletion of your personal information, subject to certain exceptions.
  • Right to Correct: Request correction of inaccurate personal information.
  • Right to Opt-Out of Targeted Advertising: Opt-out of the “sale” or “share” of personal information.
  • Right to Limit the Use and Disclosure of Sensitive Personal Information: Limit the use and disclosure of Sensitive Personal Information.
  • Right to Non-Discrimination: We cannot discriminate against you for exercising your CCPA rights, though we may offer financial incentives.

How You Can Exercise Your Rights Under CCPA

To exercise your rights, you or your authorized agent can:

  • For Personal Loan Customers, Home Equity Applicants, and Investors: Log into your Upturn USA account and submit requests under “California Consumer Privacy Act” in the “Settings” section.
  • For Upturn USA Cardholders: Email us at [Insert Email Address] with a brief description of your request.
  • For Non-Account Holders: Email us at [Insert Email Address] with a brief description of your request.

Please provide sufficient detail and verification for us to process your request. We will confirm receipt within 10 days and respond within 45 days.

How California Residents Can Designate an Authorized Representative

To appoint an authorized representative, provide written instructions identifying the representative and authorizing them to act on your behalf. Send instructions to [Insert Phone Number]. Your representative may also contact us with a brief description of the request.

Contact Us

For questions or concerns about this Notice, contact us at [Insert Email Address] or [Insert Phone Number].

Effective date: August 20, 2024

Notice At Collection & Privacy Notice (Oregon Residents)

Effective July 1, 2024, the Oregon Consumer Privacy Act (“OCPA”) grants specific rights to Oregon residents concerning their personal data, as defined by the OCPA. This Notice addresses how Upturn USA collects, uses, and discloses data that identifies, links to, or is reasonably linkable to you or your household (“personal data” or “personal information”). Note that this Notice does not apply to information covered by other federal and state privacy laws, such as the federal Gramm-Leach-Bliley Act (“GLBA”) or the Fair Credit Reporting Act.

This Notice is in addition to federal privacy notices. For more information, visit Upturn USA Privacy Policy.

Categories of Personal Data Collected and Shared

Upturn USA may collect and process the following categories of personal information:

  1. Identifiers: Name, phone number, postal address, unique personal identifiers, email address, IP address, driver’s license, social security number, state ID, passport number, signature, bank account numbers, and other similar identifiers.
  2. Protected Classification Characteristics: Date of birth/age, gender, military/veteran status, marital status, nationality, citizenship.
  3. Sensitive Personal Information: Social security number, driver’s license, state ID, passport number, race, age, national origin, disability, gender, veteran status.
  4. Professional or Employment Information: Job history and salary.
  5. Education Information: Educational background details.
  6. Commercial Information: Records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories.
  7. Audio and Visual Information: Voice recordings, emails, and instant messaging.
  8. Inferences: Information used to create a profile reflecting preferences, characteristics, behavior, or similar trends.

Purpose of Data Collection

We use this data to:

  • Process your personal loan application
  • Service your account
  • Meet legal obligations
  • Verify identity
  • Facilitate credit eligibility determinations
  • Protect against fraud
  • Complete transactions
  • Conduct research and analysis
  • Improve our services and websites
  • Present promotions and marketing communications
  • Communicate with you as needed

Information About Your Website and Mobile Application Interactions

Upturn USA collects:

  • Identifiers: IP address, mobile device identifier, operating system, browser type.
  • Internet/Electronic Network Activity: Click movements, referral source, visit duration, button clicks, browsing history.
  • Geolocation Data

This information helps us:

  • Ensure website security and functionality
  • Identify and fix errors
  • Conduct internal research
  • Determine eligibility for services
  • Improve our websites and services

Information from Third Parties for Marketing

We may obtain:

  • Identifiers: Name, address, email address
  • Internet/Electronic Network Activity: Browsing history, website interactions

This data is used for marketing purposes, including promotions and advertisements.

Business-to-Business Interactions

We collect identifiers for business contacts to communicate with current or potential business partners.

Disclosure of Personal Data to Third Parties

We may disclose your data to:

  • Employees and Affiliates: For internal purposes.
  • Service Providers: For marketing, surveys, or other services.
  • Marketing Partners: For advertising.
  • Business Transfers: During mergers or acquisitions.
  • Legal Compliance: To comply with laws and protect rights.

Processing Data for Targeted Advertising

We may share personal data for marketing purposes, including:

  • Identifiers: IP addresses, cookie identifiers, email addresses.
  • Internet/Electronic Network Activity: Browsing history.

You have the right to opt-out of this sharing. For more details, visit Do Not Sell/Share My Personal Information.

Your Rights Under the OCPA

As an Oregon resident, you have the following rights:

  • Right to Know/Access: Request details on personal data we process.
  • Right to Delete: Request deletion of your personal information.
  • Right to Correct: Request correction of inaccurate data.
  • Right to Opt-Out: Opt-out of data processing for targeted advertising, selling, or profiling.

How to Exercise Your Rights

Submit a verifiable request by:

  • Contact us at [Insert Email Address] with a brief description of your request.
  • If a business contact, specify the company.

Requests must:

  • Provide enough information to verify identity or authorized representation.
  • Describe the request in sufficient detail.

We will confirm receipt within 10 days and respond within 45 days. We may request additional time and will inform you of any extensions.

Right to Appeal

You may appeal our decision by contacting us at [Insert Email Address] within 30 days of our initial response.

Designating an Authorized Representative

To appoint an authorized representative, send written instructions to [Insert Email Address]. Your representative can also contact us with a request.

Contact Us

For questions or concerns, email [Insert Email Address] or call [Insert Phone Number].

Effective date: August 20, 2024

Federal Privacy Notice Rev. 08/2024

FACTS – WHAT DOES UPTURN USA DO WITH YOUR PERSONAL INFORMATION?

Why? Financial institutions determine how to handle your personal information. Federal law grants you the right to limit certain types of information sharing, but not all. This notice outlines how we collect, share, and safeguard your personal information. Please review this notice carefully to understand our practices.

What? The types of personal information we collect and share depend on the products or services you use. This information may include:

  • Social Security Number and income
  • Account balances and transaction history
  • Credit history and credit scores

Even after you cease being our customer, we may continue to share your information as described in this notice.

How? Financial companies, including Upturn USA, need to share customers’ personal information to conduct business. Below, we detail the reasons for sharing, whether Upturn USA engages in such sharing, and if you can limit it.

Reasons We Can Share Your Personal Information

  • For our everyday business purposes — such as processing transactions, maintaining accounts, responding to legal requests, or reporting to credit bureaus.
    • Does Upturn USA share? Yes
    • Can you limit this sharing? No
  • For marketing purposes — to offer our products and services to you.
    • Does Upturn USA share? Yes
    • Can you limit this sharing? No
  • For joint marketing with other financial companies — to offer their products and services to you.
    • Does Upturn USA share? No
    • Can you limit this sharing? No
  • For our affiliates’ everyday business purposes — regarding your transactions and experiences.
    • Does Upturn USA share? Yes
    • Can you limit this sharing? No
  • For our affiliates’ everyday business purposes — regarding your creditworthiness.
    • Does Upturn USA share? Yes
    • Can you limit this sharing? Yes
  • For our affiliates to market to you — to offer their products and services.
    • Does Upturn USA share? Yes
    • Can you limit this sharing? Yes
  • For nonaffiliates to market to you — to offer their products and services.
    • Does Upturn USA share? Yes
    • Can you limit this sharing? Yes

To Limit Our Sharing

  • Email: Contact us at [Insert Email Address], and we will assist you in managing your information sharing preferences.

Please Note:

If you are a new customer, we may begin sharing your information 30 days from the date this notice is sent, unless we have received your explicit consent to share it sooner. We will continue to share your information as described here even after you are no longer our customer, but you can contact us at any time to limit this sharing.

Questions?

Email us at [Insert Email Address] or call us at [Insert Phone Number].

Who We Are

Who is providing this notice?

Upturn USA LLC

What We Do

How does Upturn USA protect my personal information?

To safeguard your personal information from unauthorized access and use, we implement security measures that comply with federal regulations. These include computer safeguards and secured physical locations.

How does Upturn USA collect my personal information?

We collect personal information when you:

  • Open an account or apply for financing
  • Provide income and employment details
  • Pay bills

We may also collect information from other sources, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing?

Federal law allows you to limit only specific types of sharing:

  • Sharing for affiliates’ everyday business purposes — information about your creditworthiness
  • Affiliates from using your information for marketing purposes
  • Sharing with nonaffiliates for marketing purposes

State laws and individual companies may offer additional rights to limit sharing. Please refer to state-specific notices for more details.

What happens when I limit sharing for an account held jointly?

Your choices will apply to all parties on the joint account.

Definitions

  • Affiliates: Companies related by common ownership or control. Examples include companies under the Upturn USA name and affiliated financial companies.
  • Nonaffiliates: Companies not related by common ownership or control. This category includes financial service providers, marketing firms, and other service entities.
  • Joint marketing: An agreement between nonaffiliated financial companies to market products or services together. Upturn USA does not participate in joint marketing.

Other Important Information

  • Telephone Communications: Upturn USA and its authorized agents may monitor and/or record telephone communications in accordance with applicable laws.
  • Vermont Residents: We do not disclose your creditworthiness to our affiliates or your personal, financial, credit, or health information to nonaffiliated third parties for marketing, except as permitted by Vermont law. For more information, visit our website or call [Insert Phone Number].
  • Nevada Residents: To be placed on our internal Do Not Call List, call [Insert Phone Number] or email [Insert Email Address]. Additional information can be obtained from Upturn USA LLC, 123 Main Street, Suite 100, Salt Lake City, UT 84101; Phone: [Insert Phone Number]; Email: [Insert Email Address]; Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington Street, Suite 3900, Las Vegas, NV 89101; Phone: 702.486.3132; Email: BCPINFO@ag.state.nv.us.
  • North Dakota Residents: We do not share information with non-affiliated third parties, except as permitted by law.
  • Texas Residents: For inquiries or complaints about this loan, contact Upturn USA LLC at [Insert Phone Number] or [Insert Email Address. For unresolved complaints, contact the OCCC at 2601 N. Lamar Blvd., Austin, Texas 78705; Phone: (800) 538-1579; Fax: (512) 936-7610; Website: occc.texas.gov; Email: consumer.complaints@occc.texas.gov.