Yrefy, LLC (“Yrefy”) is an Arizona limited liability company with offices at 6910 E. Chauncey Lane, Suite 105, Phoenix, AZ 85054. Yrefy takes data privacy seriously. This Privacy Statement explains who we are and how we collect, use and share your personal information, as well as how you can exercise your privacy rights with us.
This Privacy Statement covers the information we collect (1) when providing services through applications, mobile sites, websites, applications, widgets, or communications that are affiliated with Yrefy and that link to this Privacy Statement and (2) in the usual course of Yrefy’s business done through electronic means, such as in connection with our loan applications, collections, sales and/or marketing activities (collectively, the “Services”).
We recommend that you read this Privacy Statement in full to ensure you are fully informed. To make it easier for you to review those parts of this Privacy Statement which apply to you, we have divided the document into sections.
This Statement applies to information we collect:
- Through your use of and access to the Services; and
- From email, text, and other electronic messages between you and Yrefy.
The Statement does not apply to information collected by:
- Us from you offline or through any other means, including on any other website or application operated by us; or
- Any third party, including through any application or content (including advertising) that may link to or be accessible from any of our Services.
Please read this Statement 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 the Services. By accessing or using the Services, you agree to this Privacy Statement. This Statement may change from time to time. Your continued use the Services after we make changes is deemed to be acceptance of those changes, so please check this Statement periodically for updates.
We last updated this Statement on January 20, 2021.
- WHO WE ARE
Yrefy, LLC (pronounced “why refi”) refinances private education loans. Yrefy is a diversified finance company offering financing while utilizing software products for the management of consumers, and business partners. Yrefy provides a customized solution to delinquent, defaulted and distressed private student loan borrowers to refinance their loans.
- INFORMATION WE COLLECT
The personal information that we may collect from and about you broadly falls into the following categories.
2.1 Information we collect directly.
We collect personal information, such as your contact information, through business or marketing interactions we may have with you. You may choose to provide additional information when you communicate with us or otherwise interact with us.
Yrefy limits the collection, retention, and use of individual customer information to the minimum amount required to deliver our loan products and services. We may collect nonpublic personal information about you from different sources in the origination and servicing of your loan. For example, when you inquire from us, or apply with us in writing, on the phone, by email, from our website, or web portal, we may collect information about you such as income, employer, date of birth, social security number, on the application or other forms. We collect information about our customers through your transactions with us such as account balance, and payment history which are parties to the transaction. We also collect information from credit bureau(s), including credit history and creditworthiness. We may receive information from other sources such as provider of marketing and demographic data.
The personal information you provide may include:
- Contact Information: When setting up an Yrefy account to access or subscribe to the Services, you will be asked to provide certain information, including contact information (such as name, address, email, or telephone number), and professional information (such as job title, department, or job role).
- Financial Information: If you are making payments for escrow or monthly loan payments, through any of service of ours or associated with us, we may require you to provide bank account, debit card, or other financial information in order to process a payment from you. You should never provide detailed debit card information directly to Yrefy via an unsecure form (such as email).
- Transaction Information: We will maintain a record of your transactions, your information, your Services history, and usage. We may also retain your communications with us and our responses.
- Partner Products & Services Offered on the Services: Third-parties, such as our partners, sponsors, or advertisers whose services are promoted or advertised on the Services, may request that you provide personal information. Please see How We Share Information in Section 4 below for further details.
- Surveys: You may elect to provide information in connection with surveys in which you participate.
- Emails to Yrefy: If you send us emails, you should be aware that any information provided in an email may not be secure or encrypted and therefore may be available to others. Please exercise caution if you decide to disclose any personal or confidential information to us in any email.
2.2 Information we collect automatically. When you opt-in for the Loan Program, we (or our third-party partners) may collect information about your device and usage.
We use a variety of technologies (collectively, “Tracking Technologies”) to collect some of this information. Our use of Tracking Technologies is discussed in more detail in Tracking Technologies and Advertising and Analytics Services in Section 5 below.
The use Tracking Technologies to automatically collect the information described below:
- Device Information: We collect certain information about the device you use to access the Services for our Loan Program, including but not limited to IP addresses for your devices, unique device identifiers, browser types, and browser language.
- User History: We log certain usage information about your use of the Services for our Loan Program, which can include a history of the pages you view. If you download and use any Yrefy software or application on your device, the log files will automatically be collected by the application and sent to our servers when your device syncs up for the latest content available.
- Mobile/Location Information: We may collect additional information from you if you access the Services for information on our Loan Program through a mobile device We may collect your unique device identifier, your device’s operating system, mobile carrier, and/or your location, if you have opted-in for us to do so. The specificity in which your location can be identified depends on the device you are using and how you are connected to the internet. If you enable location services for the Services, we may collect your regional location data periodically as you use or leave open the Services. We may also collect your location information from your IP address or zip code that has been provided to us directly by you. We will use your location data to identify what products, if any, we are legally allowed to offer you.
We may also use location data internally or in conjunction with our third-party service providers to customize your experience and provide offers that may be relevant to you. Depending on the device you use to access the Services, you may be able to control whether location data is collected from the settings on your wireless device.
2.3 Information we collect from third-party sources.
- Third-Party Sources: From time to time we may obtain personal information about you from third-party sources, such as public databases, social networking services, third-party data providers and our joint marketing partners. Examples of the information we may receive from third-party sources include job title, company, location, updated contact information, and other demographic and professional information. We use this information, alone or in combination with other information (including personal information we collect), to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and services.
2.4 Information we do not collect.
- Non-Public Education Data: This includes 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.
- Biometric Information: This includes 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, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
- HOW WE USE THE INFORMATION WE COLLECT
We may use the personal information that we collect through the Services to:
- Provide the products and services you request, process transactions, and send you related information, including confirmations and receipts.
- Provide support and improve the Services and to manage system administration and security.
- Respond to your comments, inquiries, requests, and provide customer service.
- Link or combine information that we collect directly with information from third-party sources or multiple devices to help understand your needs, provide you with personalized content, and provide you with better service.
- Perform statistical and marketing analyses of user behavior.
- Manage your account(s) and send you technical privacy statement and service updates, security alerts, and other administrative messages.
- Send you push notifications via our apps or text (SMS) alerts. Please see Your Choices/How to Opt Out in Section 6 below.
- Conduct surveys.
- Comply with or enforce legal requirements, agreements, and policies.
- If you log in with or connect a social media service account with an Yrefy Service, we may use this data to facilitate your sharing of information between the Yrefy Service(s) and your social media service. This includes using Facebook or another service to comment on Yrefy.com or an affiliated site.
- Carry out any other purpose for which the information was collected.
- Perform other activities that are in our legitimate business interests and consistent with this Privacy Statement.
- HOW WE SHARE INFORMATION
We may share your personal information with the following types of third-parties for the purposes described in this Privacy Statement:
- Partner Products & Services Offered on the Yrefy Services: If you provide personal information in order to access products or services offered by third-parties, such as our partners or advertisers that are offered or promoted on or through the Services, you may be providing your information to both Yrefy and the third-party. Your personal information will be subject to this Privacy Statement as well as the privacy statements and practices of the other third-party service providers. Yrefy is not responsible for, and this Privacy Statement does not cover, such third-party’s use of your personal information. The federal Fair Credit Reporting Act permits us to share among our affiliated companies your name, address and information about your transactions.
- Sharing Information with Marketing Partners: For our customers with mailing addresses in the United States, Yrefy selectively makes its postal mailing address list and email list available to third-party partners so that they may provide you with information about product or service offerings, events or promotions which may be of interest to you. You may opt-out of having such information shared for this purpose. Please see Your Choices/How to Opt-Out in Section 6 below.
- Compliance with Law: Yrefy may release information if it is required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Yrefy; (2) protect and defend the legitimate business interests, rights or property of Yrefy, its users, advertisers, customers, sponsors, advertisers, or affiliates; and (3) if we believe your actions are inconsistent with our policies.
- Service Providers: Sometimes we need to share your information with our third-party service providers who help us provide and support the Services and other business functions. For example, we use service providers to assist with the following: analyzing data, hosting data, engaging technical support, processing payments, delivering content, mailing statements to borrowers, email distribution, and providing customer service.
- Advertising Partners: We may partner with third-party advertising networks and exchanges to display advertising on our websites or to manage and serve our advertising on other sites and may share your personal information with them for this purpose. Please see more information in Your Choices/How to Opt Out in Section 6 below.
- Organizational Changes: Should Yrefy undergo a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, Yrefy’s accumulated customer information will be treated as an asset and, like other business assets, subject to transfer to or acquisition by a third-party. We may also disclose information about our users in connection with a commercial transaction where we are seeking financing, investment, support, or funding.
- With Your Consent or at Your Direction. As directed by you or with your consent we may share your information with a third-party.
- TRACKING TECHNOLOGIES AND ADVERTISING AND ANALYTICS SERVICES
- Targeted Advertising: We and our third-party partners and vendors (including Facebook, Google, and El Toro) may use Tracking Technologies, such as cookies, pixels, and web beacons and collect and store information about you when you use or interact with our Services, marketing communications, advertising content and/or third-party websites, in order to provide you with targeted advertising based on your browsing activities and interests. These third-parties automatically receive your IP address or mobile device identifier when you access the Services or third-party websites. They may also use Tracking Technologies to measure the effectiveness of advertisements, to personalize the advertising content, and to serve you advertisements that are relevant to your regional location. We may also use information collected using third-party cookies and beacons on the Services and in our emails to deliver advertising about our Services when you visit third-party websites. To find out more about our use of Tracking Technologies as well as how to manage your preferences please see Section 16 below.
- Analytics and Ad Serving: When you access the Services, our third-party vendors, including Google, use third-party cookies (such as the Google DoubleClick cookie) to serve you ads based on your previous visit to our website and other websites. To learn more about your choices and in particular Google’s currently available opt-outs for the Web, please see Your Choices/How to Opt Out in Section 6 below.
- YOUR CHOICES/HOW TO OPT OUT
- Opt-out Links: Any recipient of email notices may opt out of receiving them at any time. To opt out of receiving emails, follow the unsubscribe instructions located near the bottom of each service update, newsletter, or promotional email, or email your request to firstname.lastname@example.org.
- Email Newsletters: You can view, change, or update any or all of your email newsletter subscriptions by going through the email preferences link in the footer of the email newsletter or contacting us at email@example.com.
- Marketing Emails: You can view, change, or update any or all of your email newsletter subscriptions by going through the email preferences link in the footer of the email newsletter or contacting us at firstname.lastname@example.org.
- Transactional Emails: If you are a borrower and do not wish to receive email statements, annual notices, and other communications regarding your account by email, you can email your request to email@example.com. Please note that even if you opt out of receiving communications by email, we may continue to send you borrower communications by direct mail.
- Surveys Sent by Email: You may elect not to receive surveys conducted by Yrefy that are sent by email by using the opt-out link contained in such emails.
- Postal Addresses: Yrefy collects postal mailing address information from you so that Yrefy may keep your contact and account information current. We may also use it to inform you of Yrefy programs, products, and services in which you may be interested. If you want to opt out of receiving marketing communications via postal mail from Yrefy in the future, please send an email to firstname.lastname@example.org. Please note that even if you opt out of receiving marketing communications by postal mail, we may continue to send you transactional communications about your account by postal mail.
- Push Notifications: If you use an Yrefy mobile app, we may ask if you want to receive push notifications so that we can send you updates, communications, and other messages about the Services. To opt out of getting these push notifications or other messages, you must turn off the push notification function in your device settings.
- Sharing with Third-Party Partners: Yrefy selectively makes its postal mailing address list and email list of customers available to third parties whose products or service offerings may be of interest to you. If you do not wish for Yrefy to provide either your postal mailing or email information (or both) to third-parties for this purpose, please send us a notice using the contact details provided in Contact Us in Section 15 below. California Residents also see Section 8 below. You can also specify that you do not want your email information shared with third-party marketing partners by contacting us at email@example.com.
- Turning Off Tracking Technologies: You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. However, cookie management tools provided by your browser will not remove Flash cookies and may not disable HTML5 storage. To learn how to manage privacy and storage settings for Flash cookies, please click here. To learn more about HTML5 storage, see Section 16 below. It is important to remember that many of Yrefy’s services may not function properly if your cookies are disabled. For example, Yrefy needs first-party cookies to log you in to the Services that require registration. In that case, you may set your browser to block third-party cookies and allow Yrefy’s first-party cookies only.
- “Do Not Track” Signals: Some third-party browsers provide “do not track” machine readable signals for websites which are automatically applied by default and therefore do not necessarily reflect our visitor’s choice as to whether they wish to receive advertisements tailored to their interests. As a result, at this time, Yrefy does not respond to browser “do not track” signals or other similar mechanisms.
- Credit Bureaus Opt-Outs: TransUnion and Experian allow Yrefy to offer “pre-screened” offer of credit based on the information in your credit report indicating that you meet certain criteria. If you do not want to received prescreened offers of credit call;
- RIGHT OF ACCESS
You may access, correct, or update the information you have provided to us. Yrefy takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You can update your account information by logging into your online account and updating your contact and profile information. You can view, change or update your editorial newsletter preferences, and email marketing preferences by contacting email firstname.lastname@example.org. You may also contact us at any time by using the contact details provided in Contact Us in Section 15 below.
- DATA PRIVACY RIGHTS – NV, ME, CA RESIDENTS ONLY
- Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
- Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.) (for California residents only).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
- Exercising Access, Data Portability, and Deletion Rights
To exercise your rights to access, data portability, and deletion of your personal information from the Site, you must submit a verifiable consumer request to the Operator by emailing us at email@example.com.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
- Response Timing and Format
We endeavor to respond to a verifiable consumer request within sixty days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically a csv file.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your California Consumer Privacy Act of 2018 (“CCPA”) rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
- Shine The Light Law (CA Residents only)
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org, or submit a Do Not Sell My Personal Information request or call 1-844-674-8161 (within US) or 1-845-267-3007 (outside the US).
- LINKS TO OTHER WEBSITES
Yrefy is not responsible for the content or the privacy policies of websites to which it may link. This Privacy Statement applies solely to information collected by Yrefy. You should consult the respective privacy policies of any applicable third-parties to learn more about their privacy practices.
- HOW WE KEEP YOUR INFORMATION SECURE
To help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate technical, organizational, physical, electronic, and managerial procedures designed to protect the information we collect. Specific measures we use include installing anti-intrusion hardware and firewalls, virus scans, monitoring Operating System and software logs and applying software patches. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information.
Yrefy restricts access to non-public personal information about you to those employees who need to know that information to provide products and services for you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
Please understand, however, that while we try our best to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any social media or other public network can be guaranteed to be 100% secure.
To help protect the privacy of your own information, including maintaining the confidentiality of any account information or access credentials, we recommend you take precautions to protect the security of any personal information that you transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any of your personally identifiable information. You are responsible for the security of your information when using unencrypted, open access, public or otherwise unsecured networks.
Our Services are directed at a general audience and not directed to those under the age of 18. Yrefy asks that minors not submit any personal information. Yrefy does not knowingly collect personal information from individuals under 16 years of age and if we obtain actual knowledge that a user is under 18 years of age, we will take steps to remove that individual’s personal information from our systems.
- HOW LONG DO WE RETAIN YOUR INFORMATION?
We retain personal information we collect from you where we have an ongoing legitimate business need to do so. For example, we retain information in order to provide you with services, to comply with applicable legal, tax, or accounting requirements, and to enforce our agreements, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, or take other actions permitted by law. We may also retain information to prevent re-registration in the event that your account has been suspended or terminated or to create an archival copy of your information, which might be used by us for record keeping and internal purposes.
- CHANGES TO THIS PRIVACY STATEMENT
From time to time, Yrefy may update its Privacy Statement. Where these changes are material in nature we may notify you either by prominently posting a notice of such changes prior to implementing them, by directly sending you a notification, or by posting the most recent version of the Privacy Statement on the Services, with the “Last Updated” date posted at the top. You should check the Services frequently for updates. By accessing the Services after the “Last Updated” date, you are deemed to consent to our then-current Privacy Statement. We encourage you to review this Privacy Statement frequently to be informed of how Yrefy is collecting and protecting your information.
- CONTACT INFORMATION
If you have any questions, comments or concerns, please contact us using the details below:
For United States and other Non-EEA residents:
Attn: Customer Service
Address: 6910 E. Chauncey Lane, Suite 105, Phoenix, Arizona 85054
For the avoidance of doubt, it is important to understand that this opt-out shall not prohibit any disclosures made for non-marketing purposes.
- Corrections/Cancellations and Questions. Upon your request, Yrefy will provide you with its record of the personal information you gave Yrefy at registration. For security reasons, this information will only be sent to the email address on file for the subscriber ID associated with it. With respect to corporate or company accounts, aggregated or individual user history may be shared with the account holder, upon request. If you have any questions about this Statement or would like Yrefy to correct any of your personal information, you can email your corrections to email@example.com. We will endeavor to comply with your requests as soon as reasonably possible, but changes requested of us may not be effective immediately. We are not responsible unless required by law, to inform third-parties with whom we have already shared your information of any changes requested pursuant to this section. We are not responsible for removing information or causing information to be removed from the databases or records of such entities.
- TRACKING TECHNOLOGIES
- Cookies: “Cookies” give users a special ID, which are small text files that are stored in the memory of a user’s computer, mobile, e-reader, tablet or other device used to access the Services. Yrefy employs cookies to recognize you and your access privileges for certain locations on the Services as well as to track site usage. Subscribers who do not accept cookies from the Services cannot access many areas of the Services. We use both “session ID cookies” and “persistent cookies.” Session ID cookies are used to store information while a user is logged into the Services and expire when the user closes his/her browser. Persistent cookies are used to make tasks like logging into the Services easier for returning users by remembering a user’s login information. Persistent cookies stay on a user’s hard drive from one session to the next. “Flash cookies,” known as local shared objects, are data files placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device to personalize your visit. Our third-party service providers also may use Flash cookies to collect and store information. Flash cookies are different from standard browser cookies because of the amount of data, type of data, and how data is stored.
- Web Beacons: Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Services, to monitor how users navigate the Services, to count how many emails that were sent were actually opened or to count how many particular articles or links were actually viewed.
- Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
- HTML5: We may use HTML5 in the Services, including without limitation in Yrefy mobile websites and certain mobile applications for the iPhone or iPad (and any other Apple iOS device). HTML5 has browser web storage that does not rely on traditional browser cookies. Like Flash cookies, HTML5 storage doesn’t use the browser “cookies” file. The ability of a user to disable HTML5 storage while simultaneously leaving cookies enabled is browser dependent.
- E-tags/cache browsers/web logs: Like most standard website servers, we log IP addresses (a unique number assigned to every computer on the Internet) and Device identification in order to improve security, analyze trends and administer the Services. We may track your movement within the Services, the pages from which you were referred, access times and browser types. This information may include the browser you are using, the Internet address from which you linked to our Services, the operating system of your computer, the unique IP address of the computer or Device identification from the Device that you used to access our Services and usage and browsing habits. We use this information in the aggregate to gauge the effectiveness, usage, and popularity of our Services, track information for statistical purposes, help diagnose and troubleshoot server malfunctions, analyze trends, track user movement in the aggregate, and gather information. We may also use individual information we collect through web logs to send you targeted offers and other communications.
- Dispute Resolution Process
You agree that by using the Site, any claim, dispute or controversy arising out of or related to (i) your registration on the Site, (ii) your submission of information to Yrefy in connection with any product or service offered by Yrefy, (iii) your application for any product or service offered by Yrefy, or (iv) the disclosures provided to you by Yrefy in connection with any product or service that Yrefy offers (collectively, “Claim”) shall be submitted to and resolved on an individual basis by binding arbitration under the Arizona Revised Uniform Arbitration Act, A.R.S. §12-3028 et seq. (the “RUAA”) before the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”) in effect at the time the arbitration is brought, or before any other party that is agreed to by Yrefy and yourself in writing. Any other tribunal may not have in place a formal or informal policy that is inconsistent with or purports to override the terms of this Dispute Resolution Process.
The AAA Rules are available online at www.adr.org. If the AAA cannot serve as administrator and we cannot agree on a replacement, a court with jurisdiction will select the administrator or arbitrator.
In the context of this Dispute Resolution Process, the word “claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including claims for injunctive or declaratory relief). However, “claim” does not include any individual action brought in small claims court or your state’s equivalent court, unless that action is transferred, removed or appealed to a different court. In addition, any dispute concerning the validity, enforceability or of this Dispute Resolution Process must be decided by a court.
This Dispute Resolution Process does not cover persons who are covered by the Military Lending Act, 10 U.S.C. 987.
- Right To Reject
You may reject this dispute resolution process by mailing a signed rejection notice to Yrefy at 6910 E. Chauncey Lane, Suite 105, Phoenix AZ 85054 within sixty (60) days after registering on the Site. Any rejection notice must include your name, address, e-mail address, telephone number and account number (if applicable).
- Waiver Of Trial By Jury And Of Other Litigation Rights
If a Claim proceeds to Arbitration, neither party will have the right to a jury trial, to engage in discovery except as provided in the RUAA, or otherwise to litigate the Claim in any court (other than in an action to enforce the dispute resolution agreement or the arbitrator’s award). Further, you do not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration. The Arbitrator’s decision will be final and binding.
Class action waiver: if a Claim proceeds to arbitration, you do not have the right to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member. Further, unless we agree otherwise in writing, the Arbitrator may not join or consolidate your Claim with claims of any other persons. No Arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity except you and Yrefy.
Any Arbitration hearing must take place in Maricopa County, Arizona. Each party will bear the expense of its own attorneys, experts and witnesses for purposes of the Arbitration. However, the prevailing party may apply to the Arbitrator for recovery of their attorneys’ fees and costs in connection with the Arbitration, upon completion of the Arbitration and entry of an Award in their favor.
If your Claim is for $10,000 or less, you agree that Yrefy may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules.
If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. All fees and expenses of the arbitrator and administrative fees and expenses of the arbitration shall be paid by the parties as provided by the AAA Rules, or by specific ruling by the arbitrator or further written agreement of the parties. The arbitrator shall have the authority to award in favor of the individual party seeking relief all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (subject to constitutional limits that would apply in court), and attorneys’ fees and costs. In addition, the arbitrator may award declaratory or injunctive relief to the extent necessary to provide relief warranted in that party’s Claim. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. Any court with jurisdiction may enter judgment upon the arbitrator’s award. If the arbitrator determines that any claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party (including arbitration administration fees, arbitrator’s fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Arizona Rules of Civil Procedure.
- No Waiver Of Arbitration
Even if all parties have opted to litigate a Claim in court, doing so does not serve as a waiver of the rights under this Dispute Resolution Process, or the ability to arbitrate any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit.
- Survival Of This Provision
This Dispute Resolution Process survives the conclusion of any Yrefy consumer product or service, full payment of any loan, your sale or transfer of any loan, any bankruptcy or insolvency, any forbearance or modification granted to you by Yrefy, any cancellation or request for cancellation of the relationship between you and Yrefy, or any disbursements made by Yrefy related to any product or service it offers. If any portion of this Section 16 are found to be invalid or unenforceable by the Court or the Arbitrator, then that portion of this Process shall be of no force and effect and shall be severed from the remainder of this Section 16. Despite that separation, all remaining terms of the Dispute Resolution Process shall continue in full force and effect.