Agreement for Electronic Transactions
YOUR CONSENT TO ELECTRONIC RECORDS
Effective June 10, 2020
This Agreement for Electronic Transactions and Consent to Electronic Records (“Agreement”) is between the individual who uses the HouseAmp website (the “HouseAmp Site”), downloads the HouseAmp mobile application (the “HouseAmp App”), or who uses any other product or service offered or provided by HouseAmp Inc. or any entity that is an affiliate of HouseAmp Inc. Under this agreement, HouseAmp Inc. and each of its affiliates is referred to as “HouseAmp.”
Under this Agreement, You are being asked: first, to acknowledge and agree to conduct transactions through electronic methods; and, second, to acknowledge and agree to receive all documents and communications via electronic records (e.g., email, PDF, or text messages), instead of through paper records.
This Agreement between You and HouseAmp governs the Your access to and use of the HouseAmp Site, the HouseAmp App, and each of the products and services that HouseAmp provides to You (i.e., each and collectively the “Services”).
Please carefully read this Agreement and retain a copy for Your records.
IF YOU DO NOT AGREE TO CONDUCT TRANSACTIONS THROUGH ELECTRONIC METHODS AND TO RECEIVE ALL DOCUMENTS AND COMMUNICATIONS VIA ELECTRONIC RECORDS, THEN YOU MAY NOT OPEN A HOUSEAMP ACCOUNT OR YOUR HOUSEAMP ACCOUNT MAY BE TERMINATED.
Notwithstanding this Agreement, HouseAmp reserves the right to act, in HouseAmp’s sole discretion, to provide a paper copy of any Document to You; however, unless HouseAmp provides its express agreement, you may not substitute a paper copy for any electronic record of any Document.
General Agreement for Electronic Methods for Transactions
By clicking “Consent and continue,” You acknowledge and agree that:
You and HouseAmp each shall have the right to use an electronic method to conduct any transaction relating to the (i) the HouseAmp Site, (ii) the HouseAmp App, (iii) any financial product or service offered or provided by HouseAmp, or (iv) any other aspect of the HouseAmp Services; and
Notwithstanding clause (A)(1), You or HouseAmp may elect to use other methods, such as to transact orally over the telephone, but the use of another method does not modify or revoke the parties’ general agreement to conduct transactions using electronic methods.
Consent to Receive Electronic Records
By clicking “Consent and continue,” You are consenting to receive any and all agreements, documents, notices, receipts, or statements in an electronic form (each an “Electronic Record”) relating to (i) the HouseAmp Site, (ii) the HouseAmp App, (iii) any financial product or service offered or provided by HouseAmp, or (iv) any other aspect of the HouseAmp Services.
In particular, You acknowledge and agree that:
HouseAmp may provide any Electronic Record to You, including any agreement, document, notice, receipt, or statement in an electronic form, and not necessarily in a paper document;
Your electronic signature on any Electronic Record has the same effect as if You signed a paper document;
HouseAmp may provide an Electronic Record, instead of a paper document, to provide information or to give any notice that is required by law to be disclosed or provided in writing, including information regarding Your legal rights or duties;
Your smartphone, computer, or other electronic device (“Device”) meets the specifications and requirements listed below, and Your Device permits You to access, receive, and retain the Electronic Records; and
You shall, at all times, provide HouseAmp with Your then-current email address, contact information, and any other information that HouseAmp may need to communicate with You via electronic methods.
You agree that HouseAmp is permitted to send any and all information to You via Electronic Records, such as via email, to a website or link that is included in an e-mail notice, or through other means to Your HouseAmp Account where you can review the Electronic Records using Your Device.
You agree that HouseAmp’s delivery of each Electronic Record (and the Electronic Record itself) shall have the same meaning and effect as if a paper document is provided to You, regardless of whether You choose to open or view an Electronic Record.
You also acknowledge and agree that You have the hardware and software described in Section D, that You are able to receive and review Electronic Records, and that You have an active email account.
Your consent to receive Electronic Records shall last until You revoke Your consent, and You agree that any revocation You elect to make may be effective only if You communicate Your decision in accordance with the instructions described in Section E.
Email Address Must Be Kept Current
You shall, at all times, provide HouseAmp with a true, accurate, and complete email address, as well as other contact information (such as Your mobile telephone number), as HouseAmp may request, in order to communicate with You.
You shall promptly notify HouseAmp of any change in Your email address or any other necessary contact information. HouseAmp shall not be at fault, and shall not bear any liability if You fail to update Your email address or any other necessary contact information.
If HouseAmp sends an email message to You regarding any electronic communication or any transaction and uses the email address that You have provided in the HouseAmp Site, the HouseAmp App, or in Your HouseAmp Account, HouseAmp shall be deemed to have provided notice or completed that transaction with You. If such an email is returned as undeliverable, HouseAmp shall not have any duty to re-deliver the email unless and until You provide an updated email address, and subject to any conditions that HouseAmp may impose to maintain its security controls for the HouseAmp Site, the HouseAmp App, or for Your HouseAmp Account.
If Your email address is no longer valid, HouseAmp reserves the right to determine that Your HouseAmp Account is inactive. You will not be able to conduct any transaction using the HouseAmp Site, the HouseAmp App, or in Your HouseAmp Account until You update your email address in Your HouseAmp Account profile.
You may change the email address on record in Your HouseAmp Account by making the necessary modification in the profile page or by contacting HouseAmp at email@example.com
From time to time, HouseAmp may provide You with separate instructions to update your email address in the HouseAmp Account.
Hardware and Software You Need
To access or to view Electronic Records, You will need:
a smartphone, mobile device (such as a laptop or tablet), or computer, each equipped with a Current Version (defined below) of a qualifying operating system;
a connection to the Internet;
a Current Version of an Internet browser with cookies enabled;
an accurate and valid email address in HouseAmp’s file (which You may modify in the profile for Your HouseAmp Account);
a Current Version of a program that accurately reads and displays PDF files (which may be either a browser that supports native PDF rendering or a program such as Adobe Acrobat Reader).
The term “Current Version” means a version of the software that HouseAmp supports and that is currently being supported by the publisher of that software. HouseAmp supports the Current Version and for a period of time (at least three months), the version immediately prior to the Current Version of (i) Android and iOS and (ii) Firefox, Google Chrome, Microsoft Internet Explorer, and Safari.
As permitted by and in accordance with applicable law, HouseAmp reserves the right to discontinue support of a Current Version of software for any reason, including HouseAmp’s own determination that the software suffers from a security defect or other flaw that makes the software unsuitable for use with the HouseAmp Site, the HouseAmp App, or any process that HouseAmp uses for offering or providing its financial products or services.
Revoking Your Consent for Electronic Records
Your consent to receive Electronic Records is effective until further notice by HouseAmp or until You withdraw or revoke Your consent to receive Electronic Records.
You may withdraw or revoke Your consent to receive Electronic Records at any time. However, in order to communicate Your election to withdraw or revoke Your consent to receive Electronic Records, You must either:
(i) Send us an email to firstname.lastname@example.org; or
(ii) Submit Your decision to HouseAmp, in writing, to:
19689 7TH AVE NE, Ste.178
POULSBO, WA 98370
Any election You make to withdraw or revoke Your consent to receive Electronic Records shall take effect only after HouseAmp has a reasonable period of time to process Your election.
If You withdraw or revoke Your consent, You may not be permitted to use the HouseAmp Site, the HouseAmp App, or some or all of the HouseAmp Services. Moreover, if You withdraw or revoke Your consent to receive Electronic Records, HouseAmp may, in its sole discretion, close Your HouseAmp Account (but not terminate any loan agreement You may have at that time).
You understand that You may have a right to receive information required to be delivered to you in paper form. To exercise any right You may have to request a paper copy of any document, at no charge to You, please write to HouseAmp, at 19689 7TH AVE NE, Ste.178, POULSBO, WA 98370 within 180 days of the date of the disclosure. In Your request, please specify the paper document You wish to receive.
If You request a paper document, Your request, in and of itself, shall not constitute Your withdrawal or revocation of Your consent to receive Electronic Records.
Consumer Privacy Notice
Effective As Of: June 8, 2020
HouseAmp Inc., Pay At Close Loans Inc., for itself and its other affiliates (each entity referred to as “HouseAmp”), provides this consumer privacy notice (“HouseAmp’s Privacy Notice”) to describe the privacy policies that apply to the HouseAmp Services. HouseAmp’s Privacy Notice applies in connection with an individual’s use of HouseAmp’s website (HouseAmp’s Site”), HouseAmp’s mobile application (“HouseAmp’s App”), or any transaction relating to one or more of HouseAmp’s financial products or services.
For the purposes of HouseAmp’s Privacy Notice, the term “you” or “your” relates to the individual who: (i) uses HouseAmp’s Site or HouseAmp App; (ii) downloads (even without using) the HouseAmp App; or (iii) applies for, or obtains, any one or more of HouseAmp’s financial products or services. The term “HouseAmp,” “we,” or “our” refers to HouseAmp Inc. or any of its affiliates, such as HouseAmp Inc.
HouseAmp’s Privacy Notice applies to personally identifiable information about you, which we refer to as “your information.” In connection with HouseAmp’s treatment of your information, HouseAmp’s Privacy Notice describes the policies and procedures (including a summary of the relevant security controls) that HouseAmp uses when collecting, maintaining, using, or transmitting (or “disclosing”) to others any of your information. Please carefully read HouseAmp’s Privacy Notice.
Federal law gives a consumer the right to limit some, but not all, forms of disclosing or sharing personally identifiable information that a financial institution collects about the consumer. Federal law also requires a financial institution, such as HouseAmp, to tell the consumer about how the institution collects, shares, and protects the consumer’s personal information.
HouseAmp reserves the right to modify any aspect of HouseAmp’s Privacy Notice, and HouseAmp may make these modifications at any time. In some circumstances, HouseAmp may modify HouseAmp’s Privacy Notice in one or more ways that may affect the treatment of your information without first notifying you of those modifications. Please review the date of HouseAmp’s Privacy Notice (designated “Effective As Of”) each time you use HouseAmp’s Site, HouseAmp’s App, or use any of the HouseAmp Services.
For information about HouseAmp, or any entity that is or may in the future be an affiliate of with HouseAmp, in connection with the treatment of your information under HouseAmp’s Privacy Notice, please see the section below entitled “Contacting HouseAmp.”
Scope of HouseAmp’s Privacy Notice
HouseAmp provides financial products or services to consumers. HouseAmp’s mission is to provide to a consumer financial products or services that enable the consumer to have more control over his or her financial health by providing access to innovative financial products and services, such as a Pay At Close Loan designed to help facilitate the sale of the consumer’s house.
HouseAmp’s Privacy Practices
Information We Collect
Information you provide. We collect various categories of your information that you provide, either directly or indirectly, to us, such as:
Identifying information, such as your mobile telephone number, email address, and residential address;
Financial information, such as information you provide on an application to us for one of HouseAmp’s loan products or from data we collect from transactions you conduct using HouseAmp’s App; and
Information about your status or personal characteristics, such as whether you are employed or whether you have loans with other creditors.
When you use the HouseAmp Services, or when you use HouseAmp’s Site or HouseAmp’s App, we may collect information to (i) identify you, (ii) help verify that you are the true owner of the account(s), or (iii) for other reasons, such as to facilitate payments you make.
Information received from your devices. When you use your device to connect to the HouseAmp Services, we receive information about that device, including IP address, hardware model, operating system, and other technical information about the device.
Information collected from your financial institutions. Whether HouseAmp collects or maintains your information collected from the financial institutions you use, such as your bank, may depend on how you use the HouseAmp’s Site, HouseAmp’s App, or the HouseAmp Services. Generally speaking, we may collect several categories of your information, including:
Account information, including your financial institution’s name, the account type you use (such as a “checking account” or “savings account”), account number(s), and the institution’s routing number; and
Information about the account owner(s), including name, email address, phone number, and mailing address information.
Information we receive about you from other sources. We also collect your information directly from other persons, such as our service providers or consumer reporting agencies. For example, HouseAmp may collect and maintain your information from service providers that help HouseAmp to identify you and to verify that you are the individual who is authorized to use the HouseAmp Services. HouseAmp also may collect your information contained in a consumer report about you
How We Use Your Information
We use the information we collect to operate, improve, and protect the services we provide, and to develop new services. For example, we use your information:
To operate, provide, and maintain HouseAmp’s App;
To improve, modify, or further develop HouseAmp’s financial products or services;
To protect you, HouseAmp’s service providers, or HouseAmp from fraud, malicious activity, or other privacy and security-related concerns;
To provide customer service to you or to develop or provide new services to you or to other consumers; or
To investigate any act (or omission) that could be a misuse of HouseAmp’s Site, HouseAmp’s App, or the HouseAmp Services.
Our Steps to Protect Your Information
We take steps designed to protect your information that we collect, maintain, or disclose. These steps include maintaining information security controls, such as encryption technologies when transferring data or even when storing data, firewalls, and controls over the physical access to our systems. We regularly evaluate the security controls that we use, as well as the controls that our service providers use, for protecting the security and confidentiality of your information. Our goal is to maintain effective security controls, as measured by relevant industry standards or by independent security auditors, for all of the ways that you can use HouseAmp’s Services.
HouseAmp may keep your information for as long as necessary to fulfill the purposes for the information is collected. In addition, for some types of your information, HouseAmp may apply a longer retention period, such as for research or statistical analyses, except when storing or using that information for longer periods of time is not permitted under applicable law. As permitted under applicable law, even after you stop using HouseAmp’s Site or HouseAmp’s App, or pay off your loan or otherwise terminate your account with HouseAmp, we may retain your information.
Your Rights to Limit Our Sharing of Your Information
HouseAmp may share, or even sell, some or all of the categories of your information that HouseAmp collects to any person, including any person that is not an affiliate of HouseAmp. Under some circumstances you may be allowed to prevent HouseAmp from sharing your information, by exercising your right to “opt out” of certain sharing.
Depending on your state of residence, you may have additional rights under that state’s law that affect whether and to what extent HouseAmp may disclose your information to other persons, including an affiliate of HouseAmp.
OPT-OUT NOTICE: HOW TO LIMIT OUR SHARING
If you wish to limit HouseAmp from sharing your information with persons that are not affiliates of HouseAmp, you must exercise your opt-out right by contacting HouseAmp by:
Sending us an email to: email@example.com
In your email, please insert in the subject line the words “Opt Out”
If you are a new customer, unless you elect to opt out of sharing, we can begin sharing your information 30 days after the date that we provide HouseAmp’s Privacy notice to you.
When you no longer are a customer, we continue to have rights to disclose your information, as described in HouseAmp’s Privacy Notice.
You may exercise your opt-out right at any time. If you do exercise your opt-out right, you may at any time reverse your opt-out choice.
DISCLOSURES NOT SUBJECT TO YOUR OPT-OUT RIGHT
HouseAmp makes various types of disclosures of your information to a range of persons as permitted by law. Your election to opt-out of sharing your information does not affect these types of disclosures that we may are permitted to make. If we share your information as permitted by law, we may share some or all of the categories of your information that we collect. For example, HouseAmp may disclose all of the types of your information with a real estate agent that you have selected or with a financial institution that HouseAmp has selected for any financial products or services that we, or we and the other institution jointly, offer or provide to you. HouseAmp also discloses, or reserves the right to disclose, your information:
With HouseAmp’s service providers or contractors in connection with the services they perform for HouseAmp;If HouseAmp believes in good faith that disclosure is appropriate to comply with applicable law, regulation, or legal process (such as a court order or subpoena);
In connection with a change in ownership or control of all or a part of HouseAmp’s business (such as a merger, acquisition, or bankruptcy);
Between and among HouseAmp and HouseAmp’s future affiliates (such as subsidiaries or other companies under common control or ownership); or
With your consent (by any reasonable method, including when you orally give your consent), unless you timely revoke your consent.
We may collect, use, process, or disclose your information in an aggregated or anonymized manner (i.e., in a manner that does not identify you personally) for any purpose permitted under applicable law.
HouseAmp Entities Subject to HouseAmp’s Privacy Notice
HouseAmp Inc. and Pay At CLose Loans Inc.
USA PATRIOT Act Notice
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT.
TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT.
WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE A COPY OF YOUR DRIVER’S LICENSE OR OTHER IDENTIFYING DOCUMENTS.