The following capitalized terms have the meanings set forth below.
- “Agent” means any Third-Party that Processes Personal Information pursuant to the instructions of, and solely for, Sundance or to which Sundance discloses Personal Information for use on its behalf.
- “Employee” refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of Sundance or its subsidiaries worldwide.
- “Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
- “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
3.INTRODUCTION & Scope
4. Information we collect ABOUT YOU and how we COLLECT IT
Sundance collects Personal Information from its current, prospective, and former customers, members, users, visitors, and guests (collectively “Individuals”) in a number of ways and from a number of sources in order to help serve your financial needs, to facilitate and provide you with quality products and services, improve our customer service, and to fulfill legal and regulatory requirements.
4.1 information you provide directly to us
When you use the Services, contact us directly, navigate the Website, or engage in certain activities, such as beginning a financing application, purchasing Services from us, using connected products and services, we may ask you to provide some or all of the following types of information:
- Applications & Purchases & Payments. When you begin an application, sign up for or open an account, or purchase or use our Services, we may collect Personal Information from you such as your name, email address, mailing address, social security number or tax identification number, credit information, employment information, income information, rent or mortgage information, phone number (including mobile), banking or financial institution information including account numbers, transaction information and purchase history, information to verify your identity, payment information such as a credit card number, and/or other related information that may be required from you to complete your purchase (such payment information is hereinafter referenced as “Payment Information”). For more information on how your information is shared in these instances, please see Section 4.6 (“Third-Party Payment Processing) below. We will also collect a username and password in connection with any account created via the Services.
- Public User Profile. When you apply for financing or use the Website, you may be given the opportunity to create a “User Profile” and when you do we may ask you to provide information about yourself such as a username, email address, age, location, birthday, phone number, and/or image or avatar.
- Voice. We may capture your voice recording if you call our customer support team. We record and store support and sales calls to train support and sales agents to help resolve customer questions, for quality purposes, and otherwise as required by law.
- Communications with Us. We may collect Personal Information from you such as your email address, phone number, or mailing address, when you choose to request information about our Services, register to receive Sundance communications via email, telephone, or text messaging, participate in promotions or loyalty programs that we may offer from time to time, request to receive member or technical support, or otherwise communicate with us.
- Surveys and Reviews. From time to time, we, or third-parties acting on our behalf, may contact you to participate in research, surveys, or beta testing, or to provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information, which may include Personal Information. All information collected from your participation in our research, surveys, reviews, or testimonial process or beta testing is provided by you voluntarily. We may use such information to improve our products, our Website, and/or Services, and in any manner consistent with this Policy.
- Sweepstakes. Occasionally, Sundance may run promotional events and contests. We ask those who enter such events and contests to provide contact information (e.g., a phone number or an email address). If you participate in an event or contests your contact information may be used to reach you about the event or contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.
- Location Data. Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information including your Internet protocol (IP) address, GPS location, longitude/latitude, city, county, zip code and region, and your location and your smart device’s proximity to “beacons,” Bluetooth networks and/or other proximity systems. We may use this type of information to enhance your user experience and/or to better understand your interaction with our products and services.
- Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. For more information on Automatic Data Collection, please see Section 4.4 (Cookies and Other Tracking Technologies).
- Information Submitted Via Services. You agree that Sundance is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed as part of that content, for any purpose including developing, manufacturing and/or marketing goods or Services. Sundance will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:
- you grant us permission to do so;
- we first send notice to you that the materials or other information you submit to a particular part of the Services will be published or otherwise used with your name on it; or
- we are required to do so by law.
4.2 - INFORMATION FROM OTHER SOURCES
We may receive information about you from other sources, including through third party services and organizations, to supplement information provided by you. For example, if you access our Services through a third party application, such as the Apple App Store or Google Play App Store (together with any similar applications, “App Stores”) or social media sites such as Facebook, we may collect information about you from that third party application that you have made public via your privacy settings. Information we collect through App Stores or social media accounts may include your name, your social media site user identification number, your user name, location, gender, birth date, email, profile picture and your social media contacts. This supplemental information allows us to verify information that you have provided to Sundance and to enhance our ability to provide you with information about our business, products and Services.
We may also collect information from affiliates, data analytics providers, credit reporting agencies, and identity verification services. Sundance may also collect information about you from financial institutions, such as purchase history, transaction data, amounts spent, and other payment information, (collectively “Financial Information”). Information from these sources also allow us to verify information that you have provided to Sundance and to enhance our ability to tailor our products and Services to meet your needs.
4.3 HOW SUNDANCE USES YOUR INFORMATION
Sundance uses Personal Information for the following business purposes:
· To Provide Products, Services, and Information Requested. This includes to:
o Generally manage individual information and accounts;
o Provide Services to you;
o Respond to questions, comments, and other requests;
o Provide access to certain areas, functionalities, and features of Sundance’s Services; and
o Provide member support and technical support.
· Administrative Purposes. This includes to:
o Verify your identity and the information you have provided to us, and for informational and operational purposes, such as account management, customer services, or system maintenance;
o Process applications and transactions;
o Develop new products and services;
o Perform analytics regarding the use of the Services, including the Website and any communications with Sundance;
o To fulfill the purpose for which it was provided;
o Ensure quality control;
o Collect and process payments;
o Prevent fraud and prohibited or illegal activities; and
o Enforce our Terms and Conditions.
· Marketing Sundance Products and Services. This includes to:
o Tailor content, advertisements, and offers to you;
o Notify you about offers, products, and services that may be of interest to you or about which you have previously expressed interest;
o Respond to reviews or social media posts about Sundance or our Services;
o For other purposes disclosed at the time that Individuals provide Personal Information; and
o Otherwise with your consent. You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes as further discussed in Section 6 below.
· Research and Development. Sundance may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and Services or develop new products and Services. From time to time, Sundance may perform research (online and offline) via surveys. We may engage third party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
· Direct Mail, Email, and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, text messages, or phone calls from us or third parties on our behalf with information on our or our business partners’ products and services or upcoming special offers/events that we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 6 below.
· Anonymous and Aggregated Information Use. Sundance may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Sundance’s Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and Sundance may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within Sundance and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
· Sharing Content with Friends or Colleagues. Sundance’s Services may offer various tools and functionalities. For example, Sundance may allow you to provide information about your friends through our referral services, such as “Refer a Friend.” Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be used by Sundance for any other purpose.
· Other Uses. Sundance may use Personal Information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide Personal Information, or otherwise with your consent.
4.4 COOKIES AND OTHER TRACKING TECHNOLOGIES
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Website may not work properly.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
- We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services and to develop website content. This analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit google.com/policies/privacy/partners/. You can opt-out of Google’s collection and Processing of data generated by your use of the Services by going to https://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
- Operationally Necessary. We may use Technologies that are necessary to the operation of our Site, Services, applications, and tools. This includes Technologies that allow you access to our Site, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as a saved search or similar functions;
- Performance Related. We may use Technologies to assess the performance of our Site, applications, Services and tools, including as part of our analytic practices to help us understand how our visitors use our Site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools;
- Functionally Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Sites, Services, applications or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content on our Sites; and
- Advertising or Targeting Related. We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using Technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
If you would like to opt-out of the Technologies we employ on our Sites, Services, applications or tools, you may do so by blocking, deleting or disabling them as your browser or device permits. See Section 6 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Sites, Services, applications and tools, and may prevent you from being able to access certain features.
4.5 THIRD-PARTY WEBSITES AND SOCIAL MEDIA PLATFORMS
The Service may contain links to other websites and other websites may reference or link to the Sundance Website or other Services. These other domains and websites are not controlled by us, and Sundance does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk.
Sundance’s Services may include publicly accessible blogs, community forums, message boards, or private messaging features. The Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, social media platform, or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
4.6 THIRD PARTY PAYMENT PROCESSING
5. Onward Transfer – Sundance May Disclose Your Information
5.1 INFORMATION WE SHARE
- Vendors and Service Providers. We may share information we receive with vendors and service providers. The types of service providers to whom we entrust Personal Information include:
- Provision of IT, analytics, and related services;
- Provision of information and services you have requested;
- For data analytics, fraud analysis, identity verification, underwriting, risk management, marketing, mailing services, email delivery, and information technology services;
- Payment processing;
- Customer service activities such as member support; and
- Affiliates and Business Partners. Sundance may share Personal Information with our business partners and affiliates for our and our affiliates’ internal business purposes, to provide you with a product or service that you have requested, to enhance or improve the Services, or for other purposes permissible under applicable law. Sundance may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Sundance.
- Displaying to Other Users. The content you post to the Services may be displayed on the Services. Other users of the Services may be able to see some information about you, such as your name if you submit a review or provide a testimonial to our Site. We are not responsible for the privacy practices of the other users who view and use posted information.
- Marketing – Interest-Based Advertising and Third-Party Marketing. Sundance may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Sites (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-Sundance related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Website to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with third party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 6 below.
- Disclosures to Protect Us or Others. We may access, preserve, and disclose your Personal Information, and other account information and content if we believe doing so is required or appropriate:
- To comply with law enforcement or national security requests and legal process, such as a court order or subpoena;
- To respond to your requests;
- To protect your, ours, or others’ rights, property, or safety;
- To enforce Sundance policies or contracts;
- To collect amounts owed to Sundance;
- To comply with records retention policies;
- When we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss in connection with an investigation or prosecution of suspected or actual illegal activity;
- If we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of the unauthorized activities.
5.2 INTERNATIONAL DATA TRANSFERS
You agree that all Personal Information collected via or by Sundance may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates, or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above. By providing information to Sundance, you explicitly consent to the storage of your Personal Information in these locations.
You have the right to object to and opt-out of certain uses and disclosures of your Personal Information. Where you have consented to Sundance’s Processing of your Personal Information, you may withdraw that consent at any time and opt-out to further Processing by submitting such a request to us at firstname.lastname@example.org.
Please note, even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Service and/or information from the advertisements on third party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.
6.2 EMAIL, TEXT, AND TELEPHONE COMMUNICATIONS
We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 30 days after receipt, or such shorter time as may be required by law.
6.3 "DO NOT TRACK"
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
6.4 COOKIES AND INTEREST-BASED ADVERTISING
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.
7. RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION
Residents of California may submit such a request to us at email@example.com. For all other questions related to privacy, please contact firstname.lastname@example.org.
Although Sundance makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Sundance is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, would cause other information to be incorrect, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question, or where it is commercially proprietary. If Sundance determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Sundance will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information
8. DATA RETENTION
9. SECURITY OF YOUR INFORMATION
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.
10. NON-US USERS
11. CHILDREN'S PRIVACY
This Website and our Services are not directed to children under the age of 13. You are also not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at email@example.com. If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions as applicable) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.
12. REDRESS/COMPLIANCE AND ACCOUNTABILITY
(as reflected in the above Effective Date). If at any point you do not agree to
If you continue to visit the Site and use the Services after such changes have
been made, you thereby provide your consent to the changes.
or as otherwise required by applicable law. We will post any adjustments to the
immediately when it is posted (or upon notice if applicable). If you are
concerned about how your information is used, bookmark this page and read this
· New Uses of Personal Information. Additionally,
before we use Personal Information for any new purpose not originally
authorized by you, we will endeavor to provide information regarding the new
purpose and give you the opportunity to opt-out. Where consent of the
Individual for the Processing of Personal Information is required by law or
contract, Sundance will endeavor to comply with the law or contract.
· In the event any of the language in this Policy
conflicts with the term or condition in your Loan Agreement, the terms of the
Loan Agreement shall control.
· “Residents of California should be aware that
California law affords them certain rights regarding their Personal
Information. Residents of California should review the California Privacy
Privacy Notice is available at ” https://sundancemedicalfinancing.com/privacy-policy-ca/ “
Last Updated: April 14, 2023