Rc privacy-counseling-agreement


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Rc privacy-counseling-agreement

  1. 1. Rev 04/2011 WHAT DOES SPRINGBOARD NONPROFIT CONSUMER CREDIT MANAGEMENTFACTS (“SPRINGBOARD”) DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law givesWhy? consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:  Social Security number  Income and expense  employment information  assets and liabilities  credit card or other debt  medical debt  mortgage rates and payments  credit history and credit scores When you are no longer our customer, we continue to share your information as described in this notice.How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Springboard chooses to share; and whether you can limit this sharing. Can you limit thisReasons we can share your personal information Does Springboard share? sharing?For our everyday business purposes—such as to process your transactions, maintain Yes Noyour account(s), respond to court orders and legalinvestigations, or report to credit bureausFor our marketing purposes— Yes Noto offer our products and services to youFor joint marketing with other financial companies Yes NoFor our affiliates’ everyday business purposes— Yes Noinformation about your transactions and experiencesFor our affiliates’ everyday business purposes— No We dont shareinformation about your creditworthinessFor nonaffiliates to market to you No We dont shareQuestions? Call toll-free 800-947-3752.Who we areWho is providing this notice? Springboard Nonprofit Consumer Credit Management, Inc.
  2. 2. Page 2What we doHow does Springboard protect To protect your personal information from unauthorized access and use, wemy personal information? use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.How does Springboard collect We collect your personal information, for example, when youmy personal information?  seek counseling services  give us your employment and financial  give us your contact information, including information about information your income and debts  seek advice about your debt,  provide us your mortgage information including mortgage We also may collect your personal information from others, such as credit bureaus, other credit counseling agencies, mortgage servicers, and other companies.Why can’t I limit all sharing? Federal law gives you the right to limit only  sharing for affiliates’ everyday business purposes—information about your creditworthiness  affiliates from using your information to market to you  sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing.DefinitionsAffiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.  Springboard’s affiliate includes Springboard Solutions, LLC..Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.  Springboard does not share information with nonaffiliates so they can market to you.Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.  Our joint marketing partners include the Homeownership Preservation Foundation, Inc., the National Foundation for Credit Counseling, and the Association of Independent Consumer Credit Counseling Agencies.Other important informationSpringboard’s affiliated institution jointly providing this notice: Springboard Solutions, LLC.Vermont: In accordance with Vermont law, we will not share information we collect about Vermont residents withcompanies outside of our corporate family, except as permitted by law, such as with your consent, to service youraccounts or to other financial institutions with which we have joint marketing agreements.California: In accordance with California law, we will not share information we collect about you with companies outside ofSpringboard, unless the law allows. For example, we may share information with your consent, to service your accounts.We will limit sharing among our companies to the extent required by California law.Springboard’s products and services are subject to specific terms and conditions, which may include authorizations andconsents to share your personal information, including with your creditors.
  3. 3. RENTAL COUNSELING SERVICES AGREEMENTTHIS AGREEMENT (the “Agreement”) is made by and between You (hereinafter referred to as the “Client,” “You”or “Your”) and Springboard Nonprofit Consumer Credit Management, Inc. (hereinafter referred to as “CounselingAgency”). Client and Counseling Agency agree as follows:1. SERVICES. This Agreement shall apply to (a) the use or purchase of products and content from Counseling Agency including, but not limited to, educational information on budgeting, personal finance, financial literacy, saving, rent and spending practices, and the sound use of consumer credit, and memberships (collectively, “Product”); (b) access to and use of web and other portals for credit reports and access to other information from Counseling Agency or suppliers (collectively, the “Product Websites”); (c) access to and use of counseling services, including any review of Client’s personal financial situation, based upon information provided by the Client, including, at Client’s request, preparation of a personalized plan to solve financial concerns (“Services”); and (d) access and use of educational and counseling materials, works of authorship and other information and all revisions, modifications, and enhancements (the “Content”). This Agreement may be amended by Counseling Agency from time to time, subject to applicable law. If Client rejects the change in the manner provided in the amendment, Counseling Agency may terminate this Agreement.2. CLIENT RESPONSIBILITY/USE OF PRODUCTS AND SERVICES. The Client agrees to provide current and accurate information to Counseling Agency concerning their personal financial situation. The Client agrees to cooperate with Counseling Agency and to inform Counseling Agency of any changes in their financial situation, needs and goals during the term of this Agreement. The Client agrees and hereby authorizes Counseling Agency to consult with and obtain information concerning the Client from their creditors, and other advisors, however, Counseling Agency is under no obligation to contact such advisors or verify any information provided by them or Client. An initial counseling session typically lasts 30 minutes, with an offer of follow-up sessions.3. OTHER SERVICES. Counseling Agency offers additional services to consumers, including bankruptcy counseling; you are under no obligation to request or purchase additional services. Executive Office for U.S. Trustees approval does not endorse or guarantee the quality of any Counseling Agencys services. Additional fees, terms and conditions apply. Ask for details.4. AUTHORIZATION TO ACCESS CREDIT REPORT. Client understands and agrees that by executing this Agreement it is providing “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), for Counseling Agency to obtain information from Client’s personal credit profile from any other credit reporting company. Client authorizes Counseling Agency to access Client’s credit profile to provide Services. Client also authorizes to access Client’s credit profile to perform other functions related to providing the Services and Product(s) that you have ordered or may order, including to verify Client’s identity or any certification that you may be required to make.5. NO OBLIGATION. Client will have no obligation to accept any recommendation by Counseling Agency. Counseling Agency does not provide legal advice from a licensed attorney, or tax and financial advice from an accountant. If you want help understanding how the law applies to your particular circumstances and what is best financially for Client and Client’s family, you should see a qualified attorney or accountant.6. NO BILL PAYMENT. Counseling Agency will not take possession, custody or control of any assets or obligations of the Client. Counseling Agency will not pay your financial obligations.7. WEBSITES AND PORTALS. Client agrees and understands that Counseling Agency may provide Client access to Product Websites. These Product Websites may be subject to additional terms and conditions of use, which may be updated from time to time by Counseling Agency by posting revised terms and conditions on the Product Websites.
  4. 4. 8. MINIMUM REQUIREMENTS. Counseling Agency’s Services require access to a telephone. Counseling Agency is not responsible for telecommunications charges incurred by Client. Product Websites may have certain minimum computer hardware, software and Internet, including email, requirements to use and access them. Please ask for details.9. PERSONAL INFORMATION AND PRIVACY. Counseling Agency may use Client’s personal information to the extent necessary to process and/or engage in business maintenance, and to provide the Products and Services you have requested.10. EFFECT ON CREDIT. Client understands and agrees that Counseling Agency is not providing any service to specifically impact or improve Client’s credit rating, record, or history. Client agrees and understands that Counseling Agency is not providing any credit repair service. The updating of the Client’s credit report is the responsibility of the credit grantor. Counseling Agency shall not be liable to Client for any reason, including garnishments, levies, late fees, negative credit history, repossessions or derogatory credit information.11. MODIFICATIONS. Counseling Agency may, at its discretion, modify or discontinue any Products, Product Websites, Services, or Content, or any portion thereof, with or without notice. Counseling Agency is not liable for any such modifications or discontinuations.12. INDEMNITY. Client agrees to indemnify and hold Counseling Agency harmless from and against any and all claims, liabilities and expenses, including, without limitation, attorney’s fees, which Client may sustain or become subject arising out of or related to the services provided by Counseling Agency to Client hereunder.13. LIMITATION OF LIABLITY. Counseling Agency has no responsibility for, and Client discharges Counseling Agency from, any and all claims arising from inaccuracies or omissions of information provided by Client. Counseling Agency shall in no event be liable for any incidental, special (including but not limited to loss of use or lost profits), exemplary or punitive damages, whether foreseeable or not, occasioned by Counseling Agency’s failure to perform hereunder, delay in its performance or any other cause, except as may arise as a result of Counseling Agency’s gross negligence or willful misconduct. Nothing herein shall apply to actions or claims under the provision of United States Bankruptcy Code, 11 U.S.C. Sec. 101 et seq. This provision shall survive the expiration or termination of the Agreement.14. NO WARRANTY BY COUNSELING AGENCY. CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT CLIENT’S USE OF COUNSELING AGENCY’S SERVICES AND PRODUCTS IS AT ITS SOLE RISK. ALL PRODUCT AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. COUNSELING AGENCY AND ANY SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE PRODUCTS, SERVICES OR OTHER MATERIALS CLIENT MAY RECEIVE FROM COUNSELING AGENCY DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. COUNSELING AGENCY MAKES NO WARRANTY THAT (A) THE ITS MATERIALS ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (B) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE RELIABLE.15. ARBITRATION. FOR QUESTIONS OR CONCERNS ABOUT THIS AGREEMENT AND OUR PRODUCTS AND SERVICES PLEASE CONTACT US AT: 4351 LATHAM STREET, RIVERSIDE, CALIFORNIA 92501; 800-947-3752. CLIENT UNDERSTANDS AND AGREES THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN CLIENT AND COUNSELING AGENCY, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED
  5. 5. BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. IF CLIENT ASKS IN WRITING, COUNSELING AGENCY WILL PAY THE ADMINISTRATIVE FEE AND ARBITRATOR’S EXPENSES. CLIENT AND COUNSELING AGENCY ARE RESPONSIBLE FOR THEIR RESPECTIVE ATTORNEY’S, EXPERTS AND OTHER FEES, EXCEPT AS OTHERWISE PROVIDED BY LAW. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). NEITHER CLIENT NOR COUNSELING AGENCY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. IF CLIENT DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, CLIENT MUST NOTIFY US IN WRITING WITHIN 30 DAYS FROM THE DATE THAT IT FIRST RECEIVES THIS AGREEMENT BY VISITING WWW.SPRINGBOARD.ORG, OR BY MAIL TO SPRINGBOARD, 4351 LATHAM STREET, RIVERSIDE, CALIFORNIA 92501. CLIENT’S WRITTEN NOTIFICATION TO COUNSELING AGENCY MUST INCLUDE CLIENT’S NAME, ADDRESS AND YOUR ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT CLIENT DOES NOT WISH TO RESOLVE DISPUTES WITH COUNSELING AGENCY THROUGH ARBITRATION. A DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON CLIENT’S RELATIONSHIP WITH COUNSELING AGENCY OR THE PROVISION OF SERVICES TO CLIENT BY COUNSELING AGENCY. IF YOU HAVE PREVIOUSLY NOTIFIED COUNSELING AGENCY OF YOUR DECISION TO OPT OUT OF ARBITRATION, CLIENT DOES NOT NEED TO DO SO AGAIN.16. FCRA DISCLOSURES. The FCRA allows Client to obtain a copy of all of the information in Client’s consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:  You have been denied credit, insurance or employment in the past 60 days as a result of your report  You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification  You are a recipient of public welfare assistance  You have reason to believe that your file at the agency contains inaccurate information due to fraud The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. Client does not have to purchase their credit report or other information from Counseling Agency to dispute inaccurate or incomplete information in your credit report file or to receive a copy of your credit reporting company consumer disclosure. The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax®, and TransUnion®) once every 12 months through a central source. Georgia residents can receive two disclosures per year. Other credit reports may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. Counseling Agency’s services are not related to the free FCRA disclosure that you are or may be entitled to and Counseling Agency is not a credit reporting company.17. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT. Counseling Agency may offer or make use of Client’s credit report, and other credit information. Counseling Agency and its affiliates are not credit repair organizations, and are not offering to sell, provide or perform any service to Client for the express or implied purpose of either improving Client’s credit record, credit history or credit rating or providing advice or assistance to Client with regard to improving Client’s credit record, credit history or credit rating. Client
  6. 6. acknowledges and agrees that Client is not seeking to purchase, use, or access any of Counseling Agency’s services in order to do so. Accurate adverse information on your credit report cannot be changed. If Client believe that their credit report contains inaccurate, non-fraudulent information, it is Client’s responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that Client’s credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate, non- fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of your services but is provided free of charge to all consumers, regardless of whether you purchase our services or not.18. MISCELLANEOUS. This Agreement represents the entire agreement between the parties. Except as otherwise provided for herein, this Agreement is governed by, entered into and interpreted under the laws of the state of California, excluding conflict of laws. Venue of any action shall be exclusively California. California shall have and retain exclusive jurisdictional rights Client may be entitled to by virtue of domicile, residency or otherwise. Should Client initiate any action in any other venue, it is agreed that upon application any such action shall be dismissed without prejudice, and may be re-filed in accordance with this Agreement. This provision shall survive the expiration or termination of the Agreement. With the exception of the arbitration provision above, if any aspect of this Agreement is or becomes prohibited or unenforceable, all remaining terms are fully enforceable.ACKNOWLEDGEMENT:Client acknowledges that he/she has read and understands each of the above provisions, terms and conditions of thisAgreement. This Agreement shall not be deemed effective until it is electronically signed, agreed to or accepted byClient.