Terms and Conditions

Privacy Policy

Your privacy is important to us! This Privacy Policy describes the information we collect about you and how we use that information. This Policy applies if you visit this site, including if you have applied for or received a loan or any other financial product or service from us. The Notice of Your Financial Privacy Rights is part of this Policy. By using this Website, you acknowledge and agree to the terms of this Policy.

Information We Collect About You

We collect nonpublic personal information about our customers. “Nonpublic personal information” is information about you that is not publicly available.

We may collect “nonpublic personal information” about you from the following sources:

• Information we receive from you on applications or other loan forms, such as your name, address, social security number, income, and employment information.
• Information you provide us through our Website, including your name, e-mail, cell phone, and home telephone numbers, regardless of whether you apply for a loan.
• Information about your transactions with us, our affiliates, or others, such as your loan and payment history.
• Information we receive from consumer reporting agencies, other data providers, or their service providers.

We also may collect and/or track the following information other than nonpublic personal information: Web page http headers, home server domain names, IP addresses, type of computer, type of Web browser, information from third-party Web analysis programs, information you provide us through applications, online forms, registration forms, surveys, and/or other entries, such as e-mail addresses, personal, financial, or demographic information, information on what pages our visitors access, and e-mail addresses of visitors that communicate with us via e-mail.

Our website is not directed at children under the age of thirteen, and we do not knowingly collect or maintain information from children under the age of thirteen. You must be at least eighteen years of age to obtain a loan from us.

How We Use Your Information

Where we obtain such information with your express authorization, you have the right to revoke such authorization at any time by emailing help@desertrockcapital.com and revoking such consent. Such third parties include consumer reporting agencies and other data providers, including through service providers. If you do not provide such information, we may also use other information that you provided for the purpose of verifying your eligibility for a loan or for any other programs, offers, or services. Upon qualification, your loan-specific financial information will be stored and utilized to provide you with the products and services you request in accordance with the terms of our Privacy Policy.

We may also use your information to enhance your experience at our site and to enable us to present content we think you might be interested in. We use your contact information to provide you with information about our company and promotional material from us or our partners. We may also use your information to improve our site, for statistical analysis, for marketing and promotional purposes, and for editorial or feedback purposes for our advertisers. Information collected by us may be added to our databases and used for future communication regarding site updates, new products and services, and upcoming events.

When you give us your email address, you are agreeing to receive email messages from us, including marketing or promotional messages.

Binding Arbitration

Any and all controversies, claims, alleged breaches or disputes rising out of or relating in

any way to this Agreement, including whether any controversy, claim, alleged breach or dispute is subject to arbitration, and including, without limitation, any and all claims that would otherwise be subject to class actions, shall upon the request of any party hereto, be subject to binding arbitration pursuant to the Commercial Arbitration Rules administered by the American

Arbitration Association (“AAA”), under the AAA Consumer Rules in effect at the time the claim is filed (*AAA Rule”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction.

Class Action Waiver

Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not part to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY OF A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. THIS AGREEMENT NOT TO BRING OR PARTICIPATE IN CLASS ACTIONS IS AN INDEPENDENT AGREEMENT AND SHALL SURVIVE THE CLOSING AND REPAYMENT OF THE LOAN FOR WHICH BORROWER(S) IS APPLYING AND ANY SUBSEQUENT LOANS OR EXTENSIONS OF LOANS.

Jury Waiver

APPLICANT HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR INDIRECTLY TO THE LOAN EVIDENCED BY THIS AGREEMENT OR ANY ACTS OR OMISSIONS OF LENDER, ITS OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS IN CONNECTION THEREWITH.

Wireless Policy, Autodialer and Contact Authorization

Desert Rock Capital, Inc. may contact you by telephone, cell or wireless phone, text (SMS) messages, electronic mail (e-mail), Artificial Intelligence Calls (A.I Calls), or postal mail. You have provided contact information to Desert Rock Capital, Inc. with the prior express intent of permitting Desert Rock Capital, Inc. to contact you about your account, loan, collection on your account, potential extensions of credit, marketing and advertisement, and any other business purpose, and you are expressly authorizing Desert Rock Capital, Inc. to use the contact information you have or will provide to contact you using any, some, or all of these methods.

By opting in to and authorizing Desert Rock Capital, Inc. to receive calls, by either human or artificial intelligence agents, and text (SMS) messages from us to your cell phone, wireless phone, and the phone number you provided, you are providing your consent for us to use your personal information to provide you with the services you’ve requested from us, including services that display customized content and advertising.

We may call you on your cell phone, wireless phone, and the phone number you provided and send you text (SMS) messages. Message rates vary per user. We will not charge you a service fee for our texting services, but your mobile service carrier’s message and data rates may apply to any short message service (SMS) messages or calls you receive from us. You are responsible for any such charges. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving calls and SMS messages. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your mobile service carrier. Our texting services are provided on an AS-IS basis.

Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your mobile service carrier’s name, and the date, time, and content of your messages.

You agree and consent to be contacted by Desert Rock Capital, our agents, employees, attorneys, affiliates, subsequent creditors, loan servicing companies, third-party collectors, through the use of email, and/or telephone calls and/or SMS text messages to your cellular, wireless, home or work phone numbers, as well as any other phone number you have provided in conjunction with this loan, including the use of automatic telephone dialing systems, autodialers, or an artificial or prerecorded voice. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.

You may opt out and remove your SMS information by sending “STOP” to any SMS text message you have received from us. If you remove your SMS information from our database, your number will no longer be used for secondary purposes, disclosed to third parties, or used by us to send promotional correspondence to you.

Help or Support

For help or customer support regarding our text messaging services, call our service center at 801-377-3333. You can also request help, obtain contact information, or additional information regarding our texting service anytime from your mobile device by replying with the word “HELP” to the message you receive from us.

Opt-Out

As described above, to stop receiving text message alerts from us, reply “STOP”.

Consent and Authorization

I hereby consent to receive autodialed, artificial intelligence, and/or pre-recorded telemarketing calls from or on behalf of Desert Rock Capital, and consent and authorize Desert Rock Capital to contact me as herein disclosed and described at and using the telephone, cell, wireless and other numbers I have provided, in addition to any other contact information provided. I have received and understand the opt-out procedures, and agree to use the same if I choose at any time to opt out of these communications with Desert Rock Capital, Inc. I understand that consent is not a condition of purchase.

Privacy and Information Protection and Privacy Policy

We at Desert Rock Capital want you to feel absolutely secure with all of your loan transactions with us. We value your confidence in us and would like to describe our privacy practices regarding information that we collect, disclose, and obtain.

Information that we collect:

We collect and maintain information about you to provide you with our financial services. We collect information (“nonpublic personal information”) about applicants from the following sources:

Information we receive from you on an application, contact page form, or any other forms, such as your social security number, assets, employment, banking, phone number information, references, and residential information.

Information that we receive from various credit reporting agencies, Tele-track, check loan verification, collection agencies, similar loan companies, and financial institutions.

How We Protect your Information:

At Desert Rock Capital Inc., our customers are our most valued assets. Protecting your privacy is important to us. We only allow access to personal information about you to our employees, those who provide you with our loan services, and others we are affiliated with in the industry, including, but not limited to, marketing agents and lead aggregators, third-party collectors. We require those individuals to whom we permit access to your customer information to protect it and keep it confidential. We maintain physical, electronic, and procedural safeguards that comply with applicable regulatory standards to guard your nonpublic personal information. We do not disclose any nonpublic personal information about you, as our customer or former customer, except as described in this notice.

Information We Disclose:

We may disclose the nonpublic personal information we collect about you, as described above, to the following third parties:

Financial services providers, such as Tele-Track, Check Loan Verification, and Credit Reporting Agencies.

Similar lending institutions, banks, credit unions, law enforcement, collection agencies, lead providers, any SaaS (software as a service) business.

We may also disclose nonpublic personal information about you to nonaffiliated third parties as permitted by law.

How to Opt-Out of Disclosure:

If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties, you may opt out of that disclosure (that is, you may direct us not to make those disclosures other than disclosures permitted by law). If you wish to opt out of disclosures to nonaffiliated third parties, you may:

Put your “opt out” request in writing to: Desert Rock Capital Inc., PO Box 182, Provo, UT 84603.

Contact our headquarters by phone at 435.255.6999

Cookies

Our Website uses cookies to track your online activities. By using our Website, you agree to our use of cookies as outlined in this Policy.

Our Right to Change this Policy

We reserve the right to change this Privacy Policy at any time by updating this Policy online and noting a revised effective date. We recommend checking this page for updates.