Arbitration: Arbitration is a means for legal matters between parties to be resolved by a neutral arbitrator rather than a Court. Community Development Finance (CDF) has a policy of arbitrating all claims, demands and disputes which cannot be resolved in a small claims tribunal, including the scope and validity of this arbitration provision and any right you may have to participate in an alleged class action (dispute(s)). All loan agreements contain another arbitration provision that supersedes this arbitration provision and governs the resolution of disputes. However, if you do not enter into an agreement with CDF, then this arbitration provision governs the resolution of disputes. You agree that YOU ARE WAIVING YOUR RIGHT TO HAVE A TRIAL BY JURY to resolve disputes against Community Development Finance. The Federal Arbitration Act governs this arbitration provision. If any party has a dispute, it must notify the others in writing of the dispute. You have the right to select either of the following arbitration organizations, which will govern the arbitration under its consumer rules: American Arbitration Association (1-800-778-7879) or National Arbitration Forum (1-800-474-2371), and Community Development Finance will advance all of the expenses associated with the arbitration, including the filing, administrative, hearing and arbitrator’s fees. You will be responsible for your attorney’s fees, if any. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration. The arbitrator shall not conduct class arbitration. The arbitration hearing will be conducted in the county in which the Application was signed.
Authorization to check your credit report. You authorize us to check your credit report before entering into any transaction with us and to further check your credit report for any legitimate business need in connection with a transaction between you and us.
If you apply for further credit, this application shall have the same force and effect as if delivered as an original application at the time you request such further credit. Lender is authorized to contact credit reporting agencies and other sources for the purpose of verifying any information stated herein or at any time furnished by you. You authorize CDF to utilize and retain any information about you in our records previously provided by you to CDF. You understand that this application and any other information furnished to CDF will be CDF’s property. Lender is authorized to answer any questions about its experience with you.
Release of Information. You authorize complete verification of all information that you have provided and acknowledge that this information may be used to verify certain past and/or current credit or payment history information from third party source(s). CDF may contact any person or company listed above. Your application may be rejected if any information provided by you is found to be false.
Notice of your Financial Privacy Rights. (This policy is effective as of May 1, 2009.)
This disclosure provides detail about our privacy policy. We do not sell customer information to third parties. This privacy policy is intended to describe the following for you:
- The information that we collect about you;
- How we use the information that we collect:
- With whom we may share your information;
- How you can access your information;
- Your choices about such uses and disclosure of the information.
We encourage you to read this Privacy Policy carefully before using our services or transacting business with us.
INFORMATION WE COLLECT ABOUT YOU
We collect nonpublic personal information about you from the following sources:
- Information we receive from you on applications and other forms: and
- Information about your transactions with us; and
- Information we receive from credit reporting agencies.
The information that we collect includes identifying information (such as your name, home or mailing address, e-mail address and telephone number), your financial information (such as your bank, checking account number, income, assets, or debts), your Social Security number and personal information (such as gender and age).
INFORMATION WE DISCLOSE ABOUT YOU
We may disclose nonpublic personal information about you, including identifying information (such as your name, home or mailing address, e-mail address and telephone number), your financial information (such as your bank, checking account number, income, assets, or debts), your Social Security number and personal information (such as gender and age), to our service providers (such as mailing servicers, attorneys, banks and auditors).
We may also disclose nonpublic personal information about you to nonaffiliated third parties as permitted by law.
HOW WE PROTECT YOUR PERSONAL INFORMATION.
We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards to protect your information.
CHANGES TO OUR PRIVACY POLICY
If we materially change our Privacy Policy, we will notify you.
HOW TO CONTACT US
If you have any questions regarding this policy, please feel free to call (510) 479-1037.
Notice: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the FDIC Consumer Response Center, 2345 Grand Boulevard, Suite 100, Kansas City, Missouri 64108.
Notice of Furnishing Negative Information. WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT.
