PRIVACY POLICY

LAST UPDATED September 16, 2020

This Privacy Policy (this “Privacy Policy”) is referenced and incorporated into the Approve Owl™ Terms of Use and is meant to help you understand how we at ThirtySixteen Group, LLC (including and together with any of our subsidiaries, “ThirtySixteen”, “We”, “Us”, “Our”) collect, use, and share your information. This Privacy Policy applies to users of any of our products or services (including Approve Owl™) and to visitors of any of Our websites and mobile applications. By signing into, activating, and using any of Our products or services (including mobile applications), or by visiting any of Our web sites, You agree to and accept the terms and provisions in this Privacy Policy as they may be updated, amended, revised, replaced, or supplemented from time to time. If you do not agree with this Privacy Policy, please immediately discontinue using Approve Owl™ or any of Our other products or services, and refrain from using any of our websites or mobile applications.

Information We Collect

When We refer to information covered by this Privacy Policy, We mean information (“Information”) that identifies and is associated with a specific person, including You. This Privacy Policy does not include information that is anonymous, aggregated, or is not or no longer associated with a specific person.

We collect different types of information, from various sources, in order to operate effectively and efficiently, and to provide you the best products, services and experiences that we can, such as:

We collect information when you provide it to us, such as when you register, sign in, or call us for support.

We may automatically collect information when you visit our web sites, use our products or services, or complete a web form, or through technologies like cookies, beacons, web logging, software on your computer or device, or by using other technologies or analytical monitoring and reporting tools.

We may get information from other companies or third parties.

The type of information we collect may include: name and contact information; your user name and password; payment and financial data; information that includes third party content and functionality, (if you use third party-connected services); usage data (i.e. information about how you interact with various products and services, including third party products and services); contacts and relationship information; information about the devices you may use to connect to products and services; and feedback information, if you as a user provide us feedback and suggestions.

With your approval, Approve Owl automatically connects to and downloads financial information, such as current account balances and transactions, from your financial institutions, which requires Us or Our third-party partners to collect identifiers such as your username and password, or a security token. In some cases, we may also collect your phone number, email address, security questions and answers, and one-time password (OTP) to help verify your identity before connecting your financial accounts. When providing this information, you give us and our third-party vendors involved in the service the authority to act on your behalf to access and transmit your information from the financial institution or other entity that provides your financial accounts.

The information we receive from the financial product and service providers that maintain your financial accounts may vary, but, in general, we collect the following types of identifiers, commercial information, and other personal information from your financial product and service providers:

  • Account information, including financial institution name, account name, account type, account ownership, branch number, IBAN, BIC, and account and routing number;
  • Information about an account balance, including current and available balance;
  • Information about credit accounts, including due dates, balances owed, payment amounts and dates, transaction history, credit limit, repayment status, and interest rate;
  • Information about loan accounts, including due dates, repayment status, balances, payment amounts and dates, interest rate, guarantor, loan type, payment plan, and terms;
  • Information about investment accounts, including transaction information, type of asset, identifying details about the asset, quantity, price, fees, and cost basis;
  • Identifiers and information about the account owner(s), including name, email address, phone number, date of birth, and address information;
  • Information about account transactions, including amount, date, payee, type, quantity, price, location, involved securities, and a description of the transaction; and
  • Professional information, including information about your employer, in limited cases where you’ve connected your payroll accounts. The data collected from your financial accounts includes information from all your accounts (e.g., checking, savings, and credit card) accessible through a single set of account credentials.

When you use your computer or device to connect to our services, we may receive identifiers and electronic network activity information about that device, including IP address, hardware model, operating system, which features within our services you access, and other technical information about the computer or device. We also use cookies or similar tracking and analytical technologies to collect usage statistics and to help us provide and improve our services.

We may use the information we collect about you to derive inferences. For example, we may infer your location or your projected income based on the information we have collected about you from other sources.

How We Use Your Information

We use your Information for a number of business and commercial purposes, including to operate, improve, and protect the services we provide, and to share with third-parties whom you have authorized to receive such Information. Specifically, we use your Information:

  • To operate, provide, and maintain our services;
  • To improve, enhance, modify, add to, and further develop our services;
  • To protect you, ourselves, our subsidiaries and affiliates, our partners, and others from fraud, malicious activity, and other privacy and security-related concerns;
  • To develop new services;
  • To provide customer support to you or our partners, including to help respond to your or their inquiries related to our services or applications;
  • To investigate any misuse of our service or applications, criminal activity, or other unauthorized access to our services; and
  • For other notified purposes with your consent.

How We Share Your Information

We share your Information for a number of business purposes:

  • With any third-party whom you have authorized and directed to receive Information from one of our services or applications;
  • To enforce any contract with you;
  • With our data processors and other service providers, partners, or contractors in connection with the services they perform for us;
  • If we believe 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 our business (such as a merger, acquisition, reorganization, or bankruptcy);
  • Between and among our current and future subsidiaries;
  • As we believe reasonably appropriate to protect the rights, privacy, safety, or property of you, ourselves, our subsidiaries and affiliates, our partners, and others; or
  • For any other notified purpose with your consent.

We may collect, use, and share Information in an aggregated, de-identified, or anonymized manner (that does not identify you personally) for any purpose permitted under applicable law. This includes creating or using aggregated, de-identified, or anonymized data based on the collected information to develop new services and to facilitate research.

We do not sell or rent personal information that we collect.

How We Retain Your Information

We retain Information for no longer than necessary to fulfill the purposes for which it was collected and used, as described in this Privacy Policy, unless a longer retention period is required or permitted under applicable law.

Please refer to the “Special Data Protection Rights” section for options that may be available to you, including the right to request deletion of Information. You can also contact us about our data retention practices using the contact information below.

Security of Your Information

We take the security of your Information seriously. We use technical and administrative security measures including, but not limited to, firewalls, encryption techniques, and authentication procedures.

International Data Transfers

As we expand, we may transfer Information we collect across international borders for processing and storage, in which case we will adhere to all applicable laws, as well as the terms and provisions of this Privacy Policy.

Special Data Protection Rights

Under applicable law, and subject to limitations and exceptions provided by law, if you are located in certain jurisdictions, you may have special rights in relation to the Information collected about you and how it is used, including the right to:

  • Access Information collected about you;
  • Request that we rectify or update your Information that is inaccurate or incomplete;
  • Request, under certain circumstances, that we restrict the processing of or erase your Information;
  • Object to our processing of your Information under certain conditions provided by law;
  • Where processing of your Information is based on consent, withdraw that consent;
  • Request that we provide Information collected about you in a structured, commonly used and machine-readable format so that you can transfer it to another company, where technically feasible; and
  • File a complaint regarding our data protection practices with a supervisory authority.

Under the California Consumer Privacy Act (“CCPA”), and subject to certain limitations and exceptions, if you are a California resident, you may have the following rights with respect to Information we have collected about you that constitutes personal information under the CCPA:

  • To request access to more details about the categories and specific pieces of personal information we may have collected about you in the last 12 months (including personal information disclosed for business purposes);
  • To request deletion of your personal information;
  • To opt-out of any “sales” of your personal information, if a business is selling your information; and
  • To not be discriminated against for exercising these rights.

To exercise your data protection rights, where applicable, you can submit a request using our online form (available here), or contact us as described in the “Contact Us” section below. You may be required to provide additional information necessary to confirm your identity before we can respond to your request.

We will consider all such requests and provide our response within a reasonable period of time (and within any time period required by applicable law). Please note, however, that certain information may be exempt from such requests, for example if we need to keep the information to comply with our own legal obligations or to establish, exercise, or defend legal claims.

Changes To This Privacy Policy

We may update, amend, revise, replace, or change this Policy from time to time. If we make any updates or changes, among other things, we will post the new policy on our website, ApproveOwl.com, and update the effective date.

Contact Us

If you have any questions or complaints about this Privacy Policy, or about our privacy practices generally, you can contact us at privacy@thirtysixteen.com or by mail at:

ThirtySixteen Group, LLC

6210 N. Belt Line Rd, Ste 150

Irving, TX 75063

Dept.: Legal

Email: info@thirtysixteen.com

Phone: 972.526.0610

TERMS OF USE

LAST UPDATED September 16, 2020

ThirtySixteen Group, LLC (“ThirtySixteen”) has developed a proprietary platform known as Approve Owl™ (“Approve Owl”), which is licensed to auto dealerships (each, a “Dealer” or, collectively, the “Dealers”) for their use in evaluating applications for customer financing (“Financing”) in connection with such customer’s purchase of an automobile (each such customer is referred to herein, individually, including you, as a “Customer” and, collectively, including you, as the “Customers”). Approve Owl uses third-party licensed technology to connect to your bank accounts and other financial accounts (“Accounts”), retrieve information from your Accounts, and report such information to your Dealer.

You, as a Customer of a Dealer, are accessing this portal because you were directed to do so by your Dealer in connection with your application for automobile purchase financing. These Terms of Service (these “Terms”) constitute an agreement binding on you. By accepting these Terms, or accessing the Portal, you agree to these Terms and represent that you have all rights to do so for yourself or on behalf of your employer or other agent, principal, entity, or affiliate who is the applicant for Financing.

Your Authorization

You are accessing Approve Owl in order to, and you hereby do, authorize Approve Owl to access your Accounts and provide information (your “Data”) retrieved from your Accounts to your Dealer.

Profile

The first step in using Approve Owl is for you to create a personal profile (your “Profile”). You acknowledge that the personal information may be shared with Licensors and may be stored on the Approve Owl platform or any Licensor system or platform. You must ensure that your information is accurate, complete, and up-to-date at all times, and you must notify us if you learn of any unauthorized access to or use of your Profile.

Right of Account Access

You represent and warrant that you have all necessary rights and powers to access and use your Accounts and to authorize Approve Owl to access, use, and retrieve Data from your Accounts. You will comply with all laws and regulations applicable thereto, as well as any rules and other terms or conditions that we or any Licensor my post.

Representations and Warranties

You represent and warrant that you shall not: (1) use or access anyone else’s Accounts or related data, (2) submit information to Approve Owl about anyone else’s identity or Accounts or that violates any third-party rights, or (3) use Approve Owl for any fraudulent, illegal or misleading purpose. You also agree not to (a) modify, reverse engineer or seek to gain unauthorized access to Approve Owl (including any Licensor application, platform, or system) or related systems, data or source code, (b) bypass or circumvent measures designed to prevent or limit access to any part of Approve Owl (including any Licensor application, platform, or system), (c) rent, lease, provide access to or sublicense any elements of Approve Owl (including any Licensor application, platform, or system) to a third party or use Approve Owl (including any Licensor application, platform, or system) on behalf of or to provide services to third parties, (d) copy, modify or create derivative works of Approve Owl (including any Licensor application, platform, or system) or remove any of of Approve Owl’s proprietary notices, (e) access Approve Owl (including any Licensor application, platform, or system) for competitive purposes or publish any benchmark or performance information about Approve Owl, or (f) use Approve Owl (including any Licensor application, platform, or system) in any manner that could damage, disable, overburden, or impair the functioning of Approve Owl (including any Licensor application, platform, or system) or interfere with, disrupt or negatively affect other Customers or Approve Owl users.

Data Privacy

You may review our Privacy Policy to learn how ThirtySixteen and the Approve Owl platform uses your Data and any data related to your Accounts (e.g., your Account login information and balance information).

Intellectual Property

You acknowledge that ThirtySixteen owns all right, title and interest (including intellectual property rights) in and to Approve Owl and all of its features and our related websites and technology. If you choose to give us feedback, suggestions or other inputs about Approve Owl, we will own such feedback, suggestions, and inputs, and may use them without restriction and without any obligation to you.

Our Disclaimers

TO THE EXTENT PERMITTED BY LAW, Approve Owl IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND ANY USE IS AT YOUR DISCRETION AND RISK. THIRTYSIXTEEN, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIRTYSIXTEEN DOES NOT WARRANT THAT USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY OF YOUR DATA WILL BE ACCURATE OR COMPLETE OR THAT THIRTYSIXTEEN WILL MAINTAIN ANY DATA WITHOUT LOSS.

TO THE EXTENT PERMITTED BY LAW, THIRTY SIXTEEN, ITS AFFILIATES AND ITS AND THEIR SUPPLIERS WILL NOT BE RESPONSIBLE FOR: (A) ANY LOST PROFITS, LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR (B) ANY DAMAGES OR AMOUNTS EXCEEDING, IN THE AGGREGATE, THE GREATER OF (1) THE AMOUNT YOU PAID US TO USE Approve Owl AND (2) ONE HUNDRED U.S. DOLLARS (US $100).

Indemnification by You

Your application for Financing, and your Dealer’s use of your Data in connection with your Financing or otherwise, and your rights related thereto, is exclusively between you and your Dealer and is subject to separate agreements between you and your Dealer, if any, and applicable laws.

Your Accounts and your right to authorize Approve Owl to access them is governed by separate agreements between you and the institutions (“Account Owners”) that own and operate your Accounts.

Approve Owl incorporates software it has licensed from third-parties (“Licensors”) into its platform, specifically, for example, the software that enables and manages Approve Owl’s connection to your Accounts. You may be subject to additional terms or conditions of use by Licensors. You may contact us for more information about such software and Licensees.

ThirtySixteen is not responsible for the acts or omissions of your Dealer or your Account Owners. You expressly hold ThirtySixteen and Approve Owl harmless with respect to any claims you may have related to your relationship with your Dealer and your Account Owners, respectively. Furthermore, ThirtySixteen is not responsible for any obligations you may owe directly to any Licensor. You hereby agree to indemnify and defend ThirtySixteen and Approve Owl from and against any damages, costs, expenses (including reasonable attorneys’ fees and costs), penalties, and the like incurred by ThirtySixteen in any claims, suit, or action made, filed, or taken against ThirtySixteen in connection with your relationship with or duties and obligations to your Dealer, Your Account Holders, and any Licensors, any use by you of Approve Owl not expressly permitted herein, or any violation by you of any of these Terms.

Dispute Resolution

Should a dispute between us arise out of or relating to these Terms, your will notify us in writing of the dispute, giving sufficient detail and explanation so that we may understand and respond to your allegation. You agree that we first will attempt to negotiate in good faith to resolve the dispute before resorting to any formal action or procedure of dispute resolution. All negotiations (including your notice, our discussions, and your and our proposals) are confidential and treated as compromise and settlement negotiations for the purposes of federal and state rules of evidence and procedure.

If we are unable to resolve the dispute through good faith negotiation, either you or we may submit the dispute to binding arbitration before a single arbitrator (agreed to by each of us) of the American Arbitration Association (“AAA”) in Dallas, Texas. Submission of the dispute to arbitration shall be the sole and exclusive method and means of resolving the dispute, and Dallas, Texas, shall be the sole and exclusive jurisdiction for doing so.

Notices

ThirtySixteen may provide notices or communications to you through the email associated with your Profile or through other reasonable methods. All notices, requests and other communications to ThirtySixteen under these Terms must be in writing to ThirtySixteen Group, LLC, Attention: Legal Dept, (info@thirtysixteen.com) and will be deemed given when actually received by ThirtySixteen.

Termination of these Terms

At any time, in its sole discretion, ThirtySixteen may terminate or suspend these Terms (or your use of Approve Owl) with or without notice and for any or no reason, including if ThirtySixteen suspects that you have violated these Terms. ThirtySixteen will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies ThirtySixteen may have. Except for your right to use Approve Owl, these Terms will survive any termination.

About These Terms

These Terms may not be transferred or assigned by you without ThirtySixteen’s prior written consent. ThirtySixteen may assign or transfer these Terms to its subsidiaries or in connection with a merger, sale, reorganization or other change of control. In addition, ThirtySixteen’s subsidiaries, contractors and service providers may exercise ThirtySixteen’s rights or fulfill its obligations under these Terms. Waivers must be in writing and no waivers will be implied. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions will remain unaffected and in full force and effect. These Terms are the final, complete and exclusive agreement between you and us relating the subject matter of these Terms and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. In these Terms, headings are for convenience only and the term “including” (and similar terms) will be construed without limitation.

ThirtySixteen may modify these Terms from time to time. Unless we specify otherwise, modifications take effect (and govern future use of Approve Owl and your Profile) when we post the modified version. ThirtySixteen will use reasonable efforts to notify you of the modifications, and you may be required to agree to the modified version. If you do not agree to the modifications, your sole remedy is to cease using Approve Owl.