Last Updated: December 28, 2022 | Direct Lenders, LLC - NMLS # 306130
At Direct Lenders, LLC, we want to make sure our clients private information and data are as secure as possible. Our goal is to make sure all clients are well-aware of how there data is collected and what it is used for. The privacy policy is meant to inform, but more importantly, protect all of our clients.
In addition to these Terms, you use of and access to the Website is also subject to our Privacy Policy, which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information as a site visitor. You agree that you have read, agreed to and understand Direct Lenders LLC’s complete Privacy Policy.
(a) No Warranty. THE WEBSITE MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER INTERMITTENT DOWNTIME AND IS PROVIDED “AS IS”, “AS-AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, “Direct Lenders LLC”, AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS ” “Direct Lenders LLC”” FOR THE PURPOSES OF THIS SECTION) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, THAT THE WEBSITE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR FREE, THAT THE WEBSITE AND OUR SERVERS ARE SECURE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; PROVIDED THAT THIS SECTION SHALL NOT OPERATE TO EXCLUDE OR DISCLAIM THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF ANY INFORMATION, CONTENT OR SERVICES ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. (b) Limitation of Liability. “Direct Lenders LLC” SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS), UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, EVEN IF “Direct Lenders LLC” HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES. Because some states or jurisdictions do not allow certain exclusions or limitations of liability, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Direct Lenders LLC’s liability is limited to the extent permitted by law, thereby minimizing Direct Lenders LLC’s liability to you to the lowest amount permitted by applicable law. (c) Indemnification. You agree to defend, indemnify and hold Direct Lenders LLC harmless from and against any liability, loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand based on or arising out of: (i) your use of or access to the Website or products or services hosted thereon; (ii) your violation of any third party proprietary or other rights; (iii) your breach of these Terms of Use; or (iv) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on Direct Lenders LLC’s infrastructure. You shall not settle any such claim, action, or demand unless such settlement completely and forever releases Direct Lenders LLC from all liability with respect to such claim or unless “Direct Lenders LLC” consents to such settlement in writing (which consent shall not be unreasonably withheld).
(a) Dispute Resolution. You and “Direct Lenders LLC” agree that we will first attempt to resolve any legal or equitable claim relating to these Terms of Use (referred to as “Claim”) informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least thirty (30) days after one of us notifies the other of a Claim in writing. Direct Lenders LLC will use commercially reasonable efforts to send its written notice by first class mail, return receipt requested, or national overnight courier to your billing address, if available, with a copy via email to your email address. If “Direct Lenders LLC” does not have a contact method for you or cannot obtain one with reasonable commercial efforts, you acknowledge and agree that Direct Lenders LLC may pursue Claims against you as a “John Doe” defendant and employ legal processes to obtain your identity. You will send your written notice by first class mail, return receipt requested, or national overnight courier to “Direct Lenders LLC”, Inc., 1600 Kennesaw Due West Rd. NW Suite 610, Kennesaw, GA 30152. If we cannot resolve a Claim informally, you and “Direct Lenders LLC” each agree to submit to personal jurisdiction in Kennesaw, GA and agree that any and all Claims either of us asserts shall be exclusively brought in the appropriate state or federal court in Kennesaw, GA, provided that neither you nor Direct Lenders LLC shall be precluded from filing a Claim in small claims court for disputes within the small claims court jurisdictional level. (b) Governing Law and Attorney’s Fees. This Agreement is governed in all respects by the substantive laws of the State of GA, without regard to its conflict of law rules, and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. The Website is intended for and directed to residents of the United States and all information, advertising and claims contained on the Website are valid in and applicable only to the United States. If any action at law or in equity is necessary to enforce these Terms, the prevailing party shall be entitled to reimbursement from the other party for its expenses and reasonable attorneys’ fees associated with the action, in addition to any other relief to which such prevailing party may be entitled.
Because you are using the Internet on the Services, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us and for all our Services, we also need you to consent to our giving you certain disclosures electronically, either via the Services or to the email address you provide to us. By agreeing to these Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements—arising from or relating to you—regarding any Services you may request or receive or your use of the Services (each, a “Disclosure”).
Scope of Electronic Consent. Our consent is applicable to receive Disclosures and to transact business electronically. Our agreement to do so applies to any transactions to which such Disclosures relate between you and Direct Lenders LLC. Your consent will remain in effect as long as you are a user of the Services and, if you are no longer a user of the Services, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a user have been made.
Consenting to Do Business Electronically. Before you decide to do business electronically with Direct Lenders LLC, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. To access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet, an email account and related software capable of receiving email through the Internet, a web browser which is SSL-compliant and supports secure sessions (such as Microsoft Edge, mobile Safari, Firefox, Chrome, or the equivalent software), and hardware capable of running this software.
Additional Mobile Technology Requirements. If you are accessing our Services and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements, you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the devices’ respective “app store.” If you do not have these capabilities on your mobile device, please access this through a device that provides these capabilities.
Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you may not be able to access or use the Services. If you have a pending request on the Services or relating to the Services, we may terminate it and remove it from our system. If you have already received or used the Services, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified business address provided during registration.
How to Contact Us regarding Electronic Disclosures. You can contact us via email at contact@direclendersllc.com or by calling 678-996-7077. You may also reach us in writing to us at the following address: “Direct Lenders LLC”., 1600 Kennesaw Due West Rd. NW Suite 610, Kennesaw, GA 30152, Attention: Customer Service.
Contact Information and License Disclosures
The Services are offered by Direct Lenders LLC and its affiliates, headquartered at 1600 Kennesaw Due West Rd. NW Suite 610, Kennesaw, GA 30152. You may contact Direct Lenders LLC by sending correspondence to that address or emailing contact@direclendersllc.com.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
Because of the nature of information collected from the consumer through the website we recognize that there is a risk of the consumer’s information being stolen. In order to protect against identity theft all of the data that customers provide will be transmitted securely to our server where we implement industry standard best practices in securing consumer data, such as using 256-bit encryption. The system that we will be using is from BeSmartee and is SOC2 Type II audited. The provider maintains a SOC2 Type II Compliance posture, which includes management of software updates. BeSmartee implements security software patch updates on their platform as quickly as possible after notification of availability is received. SOC2 Type II Compliance ensures their systems are maintained at appropriate patch/system version levels through timely application of system updates.
(a) Suggestions and Feedback. Direct Lenders LLC welcomes feedback or inquiries about our products. If you elect to provide any feedback or comments of any nature to Direct Lenders LLC, all of such feedback and comments shall be the sole and exclusive property of Direct Lenders LLC, and Direct Lenders LLC shall have the right to use such feedback in any manner and for any purpose in Direct Lenders LLC’s discretion without remuneration, compensation or attribution to you, provided that Direct Lenders LLC is under no obligation to use such feedback. (b) Interpretation, Assignment and Entire Agreement. These Terms of Use, together with our Privacy Policy, form the complete and exclusive agreement between you and Direct Lenders LLC relating to the Website and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties and all other communications between you and Direct Lenders LLC. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Direct Lenders LLC without restriction. Subject to the Direct Lenders LLC’s modification rights set above, no amendment of any provision of these Terms of Use shall be effective unless set forth in a writing signed by you and a representative of Direct Lenders LLC, and then only to the extent specifically set forth therein. These Terms of Use may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. (c) Contact Us. If you have any questions, comments, or concerns regarding these Terms of Use and/or the Website, please send an email to contact@direclendersllc.com. Please note that communications made through e-mail or the Website’s messaging systems shall not be deemed to constitute legal notice to “Direct Lenders LLC” or any of its officers, employees, agents, or representatives. You may provide legal notice to “Direct Lenders LLC” in writing by first class mail, return receipt requested, or national overnight courier, at: Attn: Legal Department Direct Lenders LLC 1600 Kennesaw Due West Rd. NW Suite 610, Kennesaw, GA 30152
Your privacy is extremely important to us. Protection of your personal or sensitive information and use of such data in a fair and trustworthy fashion comes with a degree of trust in manner that is key to the core values of Direct Lenders LLC. This policy applies to all information collected by or in use of Direct Lenders LLC.
Direct Lenders LLC understands that consumers furnish sensitive information during the mortgage application process as is considering to be within the course of business. The Company and Management are committed to treating such information responsibly and identify expectations surrounding the sourcing, storage, and retention of such personal and financial information.
Direct Lenders LLC is dedicated to take all the necessary steps to safeguard sensitive information that has been entrusted to us and lenders by their customers. This Online Privacy Policy explains how we collect, share, use, and protect information when you visit or use this online service.
As you review this Online Privacy Policy, here are a few general principles to keep in mind:
Subtitle A of Title V of the Gramm Leach Bliley Act established specific guidelines regarding to disclose nonpublic personal information about a consumer to nonaffiliated third parties and requires a financial institution to disclose to all of its customers the institution’s privacy policies and practices relating to information sharing with both affiliates and nonaffiliated third parties. Additionally, the Act requires that customers be provided an opportunity to opt-out of sharing his or her nonpublic personal information to nonaffiliated third parties subject to certain exceptions. Direct Lenders LLC has elected to not share any non-public personal information with nonaffiliated third parties other than as permitted by the exceptions delineated in the privacy rule.
Affiliate - any company that controls, is controlled by, or is under common control.
Personally, identifiable financial information - any information collected about a consumer in connection with providing a financial product or service to that consumer. This includes: information provided by the consumer during the application process (e.g., name, phone number, address, income); information resulting from the financial product or service transaction (e.g., payment history, loan or deposit balances, credit card purchases); information from other sources about the consumer obtained in connection with providing the financial product or service (e.g., information from a consumer reporting agency or from court records)
Publicly available information - any information Direct Lenders LLC reasonably believes is lawfully made available to the general public from federal, state, or local government records, widely distributed media, or disclosures to the general public that are required to be made by federal, state, or local law.
Nonaffiliated third party – means any person who is not an affiliate.
Nonpublic personal information - consists of personally identifiable financial information obtained or that is provided by a consumer that is not publicly available information. It includes any lists, descriptions, or other groupings of consumers (including publicly available information contained therein) that are derived using personally identifiable financial information that is not publicly available.
Recipient – receipt of nonpublic personal information from a nonaffiliated financial institution and to any nonaffiliated entity to which Direct Lenders LLC gives nonpublic personal information.
The Right to Financial Privacy Act established guidelines and procedures regarding how agencies of the federal government may obtain the financial records of certain customers. The Right to Financial Privacy Act covers requests for financial information regarding individuals and partnerships with five or fewer people. It does not govern record requests for corporations or partnerships with more than five people. The Right to Financial Privacy Act only covers requests from a federal government authority. It does not apply to requests from the Internal Revenue Service or from state, local, or other non-federal agencies.
Direct Lenders LLC will not honor any request for information that does not comply with the requirements of the Right to Financial Privacy Act. Strict precautions will be taken to prevent the release of inappropriate information as allowed by the Right to Financial Privacy Act.
Information related to any identified or identifiable individual person or party, such as employees, customers, contractors, partners or any other third party (including third parties’ personnel). Examples of Personal Information are name, address, or credit card number. Other examples of Personal Information may include browsing history, loan applications, and requests for information about products and services, if they relate to an identified or identifiable individual. An identifiable person is one who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to his identity. from many sources is collected.
Because of the nature of information collected from the consumer through the website we recognize that there is a risk of the consumer’s information being stolen. In order to protect against identity theft all of the data that customers provide will be transmitted securely to our server where we implement industry standard best practices in securing consumer data, such as using 256-bit encryption. The system that we will be using is from BeSmartee and is SOC2 Type II audited. The provider maintains a SOC2 Type II Compliance posture, which includes management of software updates. BeSmartee implements security software patch updates on their platform as quickly as possible after notification of availability is received. SOC2 Type II Compliance ensures their systems are maintained at appropriate patch/system version levels through timely application of system updates.
Is Personal Information that receives special legal protection under applicable law. Some examples in the US include social security numbers, credit card numbers, personal health information, credit reports and ratings, race, political affiliations, religious beliefs, personal health information, etc. Sensitive information may require heightened security protection or special individual consent.
In addition to the personal information described above, we may collect certain information about your use of our online services. For example, we may capture the IP address of the device you use to connect to the online service, the type of operating system and browser you use, and information about the site you came from, the parts of our online service you access, and the site you visit next. We or our third-party partners may also use cookies, web beacons or other technologies to collect and store other information about your visit to, or use of, our online services. In addition, we may later associate the usage and other information we collect online with personal information about you.
We use the information discussed above in a number of ways, such as:
We may also use data that we collect on an aggregate or anonymous basis (such that it does not identify any individual customers) for various business purposes, where permissible under applicable laws and regulations.
We do not disclose nonpublic personal information except as permitted or required by law. Disclosure of personally identifiable information without consumer’s refusal occurs in the following circumstances:
We, or our service providers, and other companies we work with may deploy and use cookies, web beacons, local shared objects and other tracking technologies for various purposes, such as fraud prevention and monitoring our advertising and marketing campaign performance. Some of these tracking tools may detect characteristics or settings of the specific device you use to access our online services.
We protect consumer privacy by ensuring that only employees who have a business reason for knowing information have access to it. We have retained the services of a compliance officer as the financial privacy coordinator, who is consulted for maintaining internal procedures to ensure that our consumers’ information is protected.
All employees have a copy of this policy and are trained at least annually regarding the importance of safeguarding information. Any employee who violates our privacy policy is subject to disciplinary action.
Collecting or maintaining any sensitive PII electronically in our database, accessible remotely from AWS servers, adheres to best practices related to privacy impact assessments. Access to sensitive PII is based on having a “need to know” basis for the collection of the info., i.e., when the info. relates to our official duties of delivering software services to lenders licensing our platform to enable their customers to have the ability to submit loan applications and corresponding documentation. Access is limited to only sensitive PII needed to fulfill our services, and not to view or use sensitive PII for any purpose other than to fulfill this our required duties.
No documents and data are accessible to casual visitors, passersby, or other individuals within the office without a “need to know.” There will never be an authorization to access, share, or display any info. deemed sensitive PII outside work hours or outside of corporate headquarters, and outside of the company administrative login site. In addition, unless specifically designated to conduct work related to the development and delivery of the platform services to our client, you will not have the ability to access sensitive PII unless given the specific authority and access to do so by a direct supervisor. You access will be monitored utilizing an audit trail of your login, and pages accessed while you are logged in.
Direct Lenders LLC may provide links to websites that are owned or operated by other companies ("third-party websites"). When you use a link online to visit a third-party website, you will be subject to that website’s privacy and security practices, which may differ from ours. You should familiarize yourself with the privacy policy, terms of use and security practices of the linked third-party website before providing any information on that website.
Keeping your account information up to date is very important. You may review or update certain account information by logging in and accessing the “Customer Center” section. If you cannot change the incorrect information online, or you prefer to request changes offline, please use the Contact Us option on our site, or call or write to us using the contact information listed on your account statements, records, or other account materials. You can also speak to one of our branch representatives, your financial advisor, or your designated account representative.
We may change this Online Privacy Policy from time to time. When we do, we will let you know by appropriate means such as by posting the revised policy on this page. Any changes to this Online Privacy Policy will become effective when posted unless indicated otherwise.
Direct Lenders LLC
1600 Kennesaw Due West Rd. NW Suite 610
Kennesaw, GA 30152
NMLS# 306130
Email: contact@direclendersllc.com
Phone: 678-996-7077