Effective Date: September 2017

This Privacy Statement describes how we protect the information you provide to Payoff, Inc., a Delaware corporation, and its affiliates, subsidiaries, successors, and assigns, now doing business as Happy Money (collectively referred to as “Happy Money”), through our website, www.happymoney.com (the “Happy Money Site”). Registration for the Happy Money services (“Happy Money Services”) is offered through the Happy Money Site, and is made available subject to, among other things, this Privacy Policy Statement (“Privacy Statement”). This Privacy Statement discloses the privacy practices of Happy Money. Happy Money reserves the right to change this Privacy Statement from time to time in its sole discretion. You are at all times responsible for reading and understanding any notices regarding this Privacy Statement and the current version of this document, as well as reading and understanding the current versions of all other Happy Money policies, procedures, and guidelines relating to the Happy Money Services and the Happy Money Site available to you.

A notice will be posted on the Happy Money Site whenever this Privacy Statement or associated Privacy Notice is changed in a material way. The effective date at the top of this Privacy Statement or the associated Privacy Notice also will be updated.

If you have questions or complaints regarding our privacy policy or practices, please contact us using the contact information provided below.

1. What information of yours does Happy Money collect?

The goal of the Happy Money Site is to provide you with the means to register for and use the Happy Money Services, to provide you with information and resources that are most relevant and useful to consumers interested in the Happy Money Services, and to enhance and personalize your use of the Happy Money Services. To achieve these goals, Happy Money needs to collect certain personal information. Personal information refers to information that tells us specifically who you are, such as your first and last name, postal address, email address, or mobile phone number. Your personal information may also include (i) the financial information necessary to effectively utilize the Happy Money Services, such as financial accounts and information, (ii) information regarding your personal preferences, such as related services you use, (iii) your specific demographic information, such as age and gender, (iv) information about your use of the products and services we offer, (v) nonpublic information that personally identifies you, (vi) information obtained from our website, (vii) information obtained from other sources, and (viii) any other identifier that permits us to contact you. Happy Money collects personal information when you register for and use the Happy Money Services or visit the Happy Money Site. Happy Money may also collect information from your correspondence with us or directly from you through various other forms and places throughout the Happy Money Site, including “Contact Us” forms, or when you otherwise interact with us.

If applying for a Payoff Loan, a service of Happy Money, we may also collect credit reference information such as social security number, income, employment status, housing status, as well as any other information necessary for a lender to make a credit decision based on your request. This includes information from others, such as credit bureaus, business partners, affiliates, or other companies.

All loans are issued by our lending partners. Our partners maintain their own Privacy Policies, which can be found on our Lending Partners page. Users that apply for a Payoff Loan using the Happy Money Services are also subject to the Privacy Policy and disclosures of the bank or credit union that is funding the loan, disclosed in the loan application process. Happy Money is not responsible for the privacy practices of its lending partners and does not exercise control over its lending partners’ sites.

In addition to any personal information or other information that you provide us, we may use a variety of ways that automatically collect information about how you access and interact with the Happy Money Services and Happy Money Site. We may use the following ways to collect information:

  • Happy Money may use cookies to track your visits to its website. A cookie will not allow a web site to learn any personal information (such as your real name and address) that you have not otherwise disclosed. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Please see the user guide or help section of your browser to make this change. Tracking pixels may be used in combination with cookies to help Happy Money understand how you interact with the Happy Money Site. A tracking pixel is typically a transparent graphic image that is placed on a site. The use of a tracking pixel allows the Happy Money Site to measure your actions from opening the page that contains the tracking pixel.

In order to better serve you and offer you content and opportunities of financial products and services that may interest you, Happy Money may collect additional information from third parties. For example, Happy Money may collect information about you from social networking sites to better individualize your experience.

2. With whom does Happy Money share the information that is collected?

Information about our customers and visitors is an important part of our business, and we are not in the business of selling it to others.

We may share customer information only as described in this Privacy Statement, and the accompanying Privacy Notice. Information may be shared with affiliated and nonaffiliated third parties, including, but not limited to, Happy Money’s lending partners and companies under common control with Happy Money and Happy Money’s subsidiaries and agents.

Information may be shared for our everyday business purposes – such as to process transactions, maintain your account, respond to court orders and legal investigations, or report to credit bureaus – or, for our marketing purposes. For instance, information used to determine creditworthiness is shared with our Lending Partners, if a consumer applies for a loan using the Happy Money Services. We may also share information with our affiliates, for their everyday business purposes and for marketing, about your transactions and experiences. However, aside from sharing information necessary for our everyday business purposes, we will not share any information with nonaffiliates without your explicit prior consent. Happy Money will not discriminate against or deny you a financial product or a financial service because you have not provided consent to disclose or share nonpublic personal information with nonaffiliates. For California and Vermont customers, except as required or permitted by applicable law, Happy Money will not sell, share, transfer, or otherwise disclose your nonpublic personal information to or with any nonaffiliated third parties without your explicit prior consent. To the extent any other applicable state laws impose unique information-sharing requirements that are more protective than those stated in this policy or provided under federal law, Happy Money will abides by those states’ laws, as applicable.

When you submit personal information to Happy Money, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which Happy Money and its affiliates, business partners, and subsidiaries maintain offices, including, without limitation, the United States which may not provide the same statutory protection as your country of residence. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by trusted third party vendors, agents, or service providers of Happy Money. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties.

Happy Money has established relationships with various third party service providers whose services are available to you from the Happy Money Services or from web sites or mobile sites that are linked to the Happy Money Services. Typically, these providers offer services that Happy Money customers might find useful, such as those that can be used in conjunction with the Happy Money Services. In order to use those services, you may be required to provide personal or other information to the providers. Unless expressly provided to the contrary, personal information that you provide while you are visiting a provider’s website or mobile site will be subject to the privacy policy posted on such website or mobile site, and personal information that you provide while using the Happy Money Services or while on the Happy Money Site in conjunction with a provider’s service will be subject to this Privacy Statement. You are responsible for reading and understanding the privacy and other policies of these service providers and all other third party web sites you visit. Happy Money is not responsible for the privacy practices of these service providers and does not exercise control over third party web sites, including the service providers’ web sites.

Happy Money may offer sweepstakes, contests, and other promotions. By participating in sweepstakes, contests, and promotions, you are agreeing to the official rules that govern such offers, which may contain specific requirements such as use of your name, voice, and/or likeness in advertising or marketing associated with such offers.

3. How does Happy Money use the information it collects?

Any personal information you provide to Happy Money at the Happy Money Site or through use of the Happy Money Services is maintained and accessible only by Happy Money and its authorized agents and business partners, unless specifically stated otherwise. The following are examples of how Happy Money may use the information it collects:

  • To process your registration for the Happy Money Services, we may require your name, address, phone number, or email address. We use this information to process your registration and, if any questions arise, to contact you. In general, we will try to contact you first by email and only if that fails, or if time is critical, will we try to contact you by phone. Additional information may be required if you apply for a loan through the Happy Money Services.

  • Happy Money may provide you with technical support, updates to your existing Happy Money Services, and information on newer products and services as they become available.

  • Happy Money may conduct sweepstakes, contests, and promotions. If you allow, we may use contact data from our promotions to send you information we think you will find useful, such as information about new products, services, or promotions. When we contact you via email, we will always provide instructions explaining how to unsubscribe, so you will not receive our emails in the future. When we contact you via your mobile phone, we will always provide the means for you to cease being contacted in that manner.

  • Happy Money may explicitly gather information required to obtain credit report data as part of your use of the Happy Money Services. This information will be used for the purpose of verifying your identity, obtaining your credit report data, and, if applicable, in connection with a loan application you submit.

  • Happy Money may provide opportunities for you to post information or data to social networking platforms, such as Facebook. You have the ability to control posting of information to such platforms.

  • Happy Money may be required by law enforcement or judicial authorities to provide information on individual users to the appropriate governmental authorities. In matters involving a danger to personal or public safety, Happy Money may voluntarily provide information to appropriate governmental authorities.

  • Happy Money may sometimes use an individual Registered User’s data to “pre-populate” forms that are displayed when that user has logged in for the purpose of collecting individual data by Happy Money and/or its advertisers and sponsors.

  • Happy Money may use responses provided to us to complete behavioral assessments. The information we collect from these assessments will also be used to help us provide you with more focused customer service, individualized web experiences, offers for financial products and services tailored to your needs, more accurate risk management, and better financial education.

  • Happy Money may use anonymous aggregate data collected to inform our sponsors, advertisers, and other third parties as to the number of people who have certain demographic characteristics and the number of those people who have seen and “clicked” on specific pages or promotion(s). We may also disclose to such third parties the overall demographics available regarding who saw and “clicked” on promotions.

  • In the event Happy Money sells assets (or the assets of a division or subsidiary) to another entity, including, without limitation, in the event of bankruptcy, or if Happy Money (or a division or subsidiary) is acquired by, or merged with, another entity, Happy Money may provide to such entity customer and visitor information (both aggregate and personal) that is related to that part of the business that was sold to or merged with the other entity.

  • Happy Money may contact you via your phone, send you email, or otherwise contact you about products and services that we feel may be of interest to you, including, without limitation, notification of offers, coupons, newsletters, and other communications. Registering for the Happy Money Services indicates that you have informed us of your interest, and we will contact you after registration unless you specify that you do not wish to receive such contact by notifying us. You may opt-out of unsolicited Happy Money communications (except communications required to use the Happy Money Services). Happy Money may also use aggregate data to perform statistical analyses of the collective characteristics and behavior of our registered users and visitors, to measure user demographics and interests regarding specific areas of the Happy Money Services and the Happy Money Site, and to analyze how and where best to use our resources. Happy Money may, from time to time, use your information to contact you about changes or enhancements to the Happy Money Services. Nevertheless, your ability to opt-out from receiving certain unsolicited communications does not include those basic communications required to use the Happy Money Services. For example, registering on the Happy Money Site allows Happy Money to send a confirmation message to your registered email address to complete the registration process.

4. What organization is collecting the information?

When you provide information to Happy Money, that information is collected and maintained either by Happy Money or by an authorized agent of Happy Money such as web hosting companies, customer care service providers, and transaction processing service providers, unless specifically stated otherwise at the point of collection. Other parties are not permitted to collect personal information about your online activities through the Happy Money Site.

As you browse the Happy Money Site, advertising cookies may be placed on your computer to track how you interact with the website, including the content you may view, the date and time that you view the content, the products you purchase, and the location associated with your IP address. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with Happy Money. The techniques that AdRoll employs do not collect personal information such as your name, email address, postal address, or telephone number. You can visit this this page to opt out of AdRoll’s and its partners’ targeted advertising.

5. How does Happy Money respond to Do Not Track signals?

We may not separately respond to or take any action with respect to “do not track” configurations set through your Internet browser, as industry standards are currently evolving.

6. How does Happy Money protect your personal information?

Here, we describe what kinds of security procedures are in place to protect against the loss, misuse, or alteration of your information. Happy Money has security measures in place to protect against the loss, misuse, and alteration of data under our control. We have implemented rules and procedures designed to limit access to the information you provide us. Our security measures comply with applicable federal and state laws and include computer safeguards and secured files and buildings. Additionally, we require employees to be trained in and comply with Happy Money’s privacy standards and policies, which are designed to protect customer information.

Despite the steps we take to ensure the protection of your information, unfortunately we cannot guarantee that loss, misuse, or alteration to data will not occur. To better protect you, we encrypt particularly sensitive information prior to transmission. In the event of an inadvertent disclosure, Happy Money will do everything commercially reasonable to limit and remedy the disclosure, but Happy Money accepts no liability for any unintentional disclosure. In addition, in the unlikely event that any government or private individual seeks information, Happy Money will not voluntarily provide the information, but will obey any court order requiring disclosure.

You are responsible for the security of your Happy Money username, and password, as well as, any username and password to any third party sites you may access through the Happy Money Site to obtain your Personal Information. Please take care when using and storing them. Happy Money recommends that you do not divulge your password to anyone. You should log out and close your browser at the end of each computer session to ensure that others cannot access your personal information and correspondence, especially if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.

7. Notice regarding the U.S. Children’s Online Privacy Protection Act (COPPA) of 1998

The Children’s Online Privacy Protection Act (COPPA) of 1998 provides safeguards to protect children who use the Internet by regulating the online collection of personal information from children under the age of 13. Happy Money does not allow minors (persons under age 18) to register for or use the Happy Money Services. Happy Money and the Happy Money Site do not target minors as an audience or a market. If we learn that we have inadvertently collected personal information from a minor, we will make all reasonable efforts to delete that data from our records. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personal information or other information to us, please contact us using the contact information provided below.

8. Updating your personal information and privacy preferences.

To access the personal information that the Happy Money Site has collected about you, to correct factual errors in such information, to update our records with respect to your personal information, or to direct that your nonpublic personal information not be disclosed, please contact us using the contact information provided below.

Upon your request, and as permitted by your agreement to receive any particular Happy Money Services and applicable law, we will deactivate your registration for the Happy Money Services including your Happy Money identification, contact information, billing information, and financial information from our active databases to prevent your information from being shared. Such deactivation will no longer permit you to use the Happy Money Services, which may include certain financial empowerment management tools. If you have applied for or received a loan that is serviced by Happy Money, this request does not apply to information tied to and used in connection with your application or loan. To make this request, please email privacy@payoff.com. Such information will be deactivated as soon as reasonably possible based on your Happy Money Services activity and in accordance with our deactivation policies and procedures and applicable law. We will make our best effort to remove your information from our active communication files upon request. Please note, however, that we will retain certain information in order to resolve disputes, troubleshoot problems, and enforce the policies, procedures, and agreements set forth on the Happy Money Site. In addition, your information may remain indefinitely as part of aggregate data we have collected on the Happy Money Site. Your information may also remain stored in back-up data systems required to manage the integrity of the Happy Money Site.

9. Compliance with State and Federal Laws

This privacy statement may not constitute your entire set of privacy rights, as these may also vary from state to state. To be certain of your privacy rights, you may wish to contact the appropriate agency in your state that is charged with overseeing privacy rights of consumers. Certain regulations issued by state and/or federal government agencies may require us to maintain and report demographic information on the collective activities of our membership. We may also be required to maintain your personal information for a certain period of time in order to comply with applicable federal and state laws regarding recordkeeping, reporting, and audits.

10. Contact Us

If you have any concern about privacy at Happy Money, please send us a thorough description of your concern to privacy@payoff.com or the address below, and we will make every effort to resolve it.

If you choose to visit the Happy Money Site or use the Happy Money Service, your visit and any dispute over privacy is subject to this Privacy Statement and accompanying Privacy Notice and our legal terms and conditions, including limitations on damages, and application of the law of the State of California, and, in the case of loans, the state of the applicable lending partner.

Contact information for questions regarding this Privacy Statement should be directed to:

Happy Money
Privacy Officer
3200 Park Center Drive, STE 800
Costa Mesa, CA 92626
Email: privacy@payoff.com

Please note that the Happy Money Services may contain links to other web sites and these web sites’ privacy policies may not conform to our own. This Privacy Statement and accompanying Privacy Notice does not cover third party data collection practices and Happy Money does not assume any responsibility for any actions of third parties. You are solely responsible for reading and understanding the privacy and other policies of such properties, and for complying therewith.