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A. Privacy Policy & Terms and Conditions

 

This Privacy Policy & Terms and Conditions consist of the Credit Application Privacy Policy, Terms and Conditions of Application, including Binding Arbitration and Class Action Waiver, and Consent to Electronic Disclosures.  The Consent to Electronic Disclosures is also contained on the Credit Application.

 

  1.  CREDIT APPLICATION PRIVACY POLICY

Rev. 3/11/19

FACTS

WHAT DOES LACK’S VALLEY STORES, LTD.

DO WITH YOUR PERSONAL INFORMATION?

Why?

Financial companies choose how they share your personal information. Federal law gives 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 and income
  • Account balances and payment history
  • Transaction history and credit scores

When you are no longer our customer, we may 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 Lack's Valley Stores, Ltd. chooses to share; and whether you can limit this sharing.

 

Reasons we can share your personal information

Does Lack’s Valley Stores, Ltd. share?

Can you limit this sharing?

For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

Yes

No

For our marketing purposes—

to offer our products and services to you

Yes

No

For joint marketing with other financial companies

No

We don’t share

For our affiliates’ everyday business purposes—
information about your transactions and experiences

No

We don’t share

For our affiliates’ everyday business purposes— information about your creditworthiness

No

We don’t share

For our affiliates to market to you

No

We don’t share

For nonaffiliates to market to you

No

We don’t share

Questions?

Call 844-685-2257

or go tohttp://www.lacks.com/en/content-pages/customer-service

 

Who we are

 

Who is providing this notice?

Lack’s Valley Stores, Ltd.

1300 San Patricia Drive, Pharr, Texas 78577

What we do

 

How does Lack’s Valley Stores, LTD.

protect my personal information?

 

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

Only employees who need the information to perform a specific job are granted access to your personal information.

How does Lack’s Valley Stores, LTD.

collect my personal information?

 

We collect your personal information, for example, when you

  • § apply for financing or give us your income information
  • § provide account information or provide employment information
  • § give us your contact information

We also collect your personal information from others, such as credit bureaus or 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.

Definitions

 

Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

  • Lack’s Valley Stores, Ltd. does not have any affiliates.

Nonaffiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

  • § Lack's Valley Stores, Ltd. does not share 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.

  • Lack's Valley Stores, Ltd. does not jointly market with any nonaffiliated financial company. 
         

 

  1. B.    Terms and Conditions of Application

You must be at least eighteen (18) years of age to apply for credit with Lacks Valley Stores, Ltd. (“Lacks”).

Customer Identification. Federal law requires us to obtain, verify and record information that identifies each person who opens an account, in order to help the government fight the funding of terrorism and money laundering activities.  To process a credit application, we must have personal information about you including your name, street address, date of birth and other identifying information, and we ask for identifying documents from you as well. 

Underwriting.  This online credit application is used to obtain credit to make purchases at Lacks.  By completing and submitting the above information, you authorize Lacks to verify and gather personal information about you and to investigate your credit, bank, employment and income records.  Lacks will verify your credit references for purposes of considering your application for credit.  In addition, your references will be verified in connection with any credit account updates, exchanges or future extensions of credit including reviewing or collecting your credit account.  If we do not have to otherwise provide you with this information, if you inquire with us, we will inform you whether or not we requested a credit bureau report and the names and addresses of any credit bureaus that provided us with such reports. 

A Lacks representative will contact you if more information is needed to process your application or if your application gets approved.  If you do not get approved for Lacks’ internal credit program, by clicking submit below you authorize Lacks to share your information with a third party for the purpose of approval review under a rent-to-own or a lease plan.  If credit is approved, you will be directed to one of our locations to complete a Retail Installment Contract or rent-to-own/lease plan offered by a third party, depending on the type of account approved.  You will need to provide a current photo identification in order to proceed in completing your contract.  You will be given a copy of any contract/agreement you enter into with Lacks which will include all applicable terms and conditions.  A down payment may be required.

Address/Phone Change.  If you have entered a phone number or another number that you later convert to a cell phone number, you agree that we may contact you at this number.  You also agree to receive calls and messages that may be pre-recorded or live, and/or text messages.  You also agree that we may send notification of your application status to the email address you provide.  You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that number.  You also agree to tell us right away if you change your address or any phone number.

SPECIFIC CONSENT TO LIMITED INFORMATION SHARING. 

We share limited information about you (e.g., name, address, and email) with outside service providers, including a company called PERQ, which provides to us interactive software that allows us to collect information from our website users and customer in the form of style quizzes, product feature quizzes, and appointment scheduling.  The service provider has marketing automation features that email website users and customers with quiz results and appointment dates after users interact with the software on our website.  Other service providers use such information to help us to market to you. 

 

By using our site, applying for credit, and/or becoming a Lacks customer, you consent to this limited sharing. Unless under the law we are not required to provide you with the right to revoke your consent for this limited sharing, you may revoke your consent by no longer using the website or contacting us at:  Lacks Main Corporate Office, 1300 San Patricia Drive, Pharr, Texas 78577, (956)702-3361.

 

Consent to Communications.  You consent to us, as well as any other owner or servicer of your account, contacting you through any channel of communication and for any purpose, as permitted by applicable law.  For informational, servicing or collection related communications, you agree that we may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded voice calls, and calls made by an automatic telephone dialing system.  This consent applies even if you are charged for the call under your plan.  You are responsible for any charges that may be billed to you by your communications carrier when we contact you.

Telephone Monitoring.  For quality control, you allow us to listen to or record telephone calls between you and us.

Approval and right to terminate offer.  All offers are subject to credit approval.  Lacks reserves the right to discontinue or alter the terms of this offer or any offer at any time.

Applicant(s).  You may apply individually or with another person.  If Lack’s requires a co-signer because of the person’s credit, Lack’s may not require that the cosigner be the person’s spouse, though a spouse may voluntary apply for joint credit.  A joint applicant for credit will provide additional information for that person.  All signers are jointly and severally responsible for the prompt payment and performance of all obligations.

 

Notice. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against 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 contact), because all or part of the applicant’s income derives from any public assistance program, or because the applicant has good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is:  Federal Trade Commission, Equal Credit Opportunity. 600 Pennsylvania Ave, N.W., Washington, D.C 20580.

 

True Information.  The information your provided us is for the purpose of obtaining credit.  You warrant that the information is true, correct, and complete.

 

Checking references and information.  You authorize the person or firm to whom this application is made, any credit bureau or other investigative agency employed by such person, to investigate the references you provide or statements or other data obtained from any other person pertaining to your credit and financial responsibility.

 

BINDING ARBITRATION AND CLASS ACTION WAIVER.

Any controversy or claim arising between the parties shall be settled by arbitration administered by the American Arbitration Association (“AAA”), or such other administrator as the parties shall agree to in writing. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

a.  Selection of arbitrator(s). The arbitrator(s) shall be selected in accordance with the rules and procedures of the AAA.

b. Rules for conduct of arbitration. Except as otherwise noted herein, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the AAA and any supplemental and/or related rules then currently in effect and applicable, including any supplemental or related rules for consumer disputes or small claims.

c.  Application of Federal Arbitration Act. The parties acknowledge that this contract evidences a transaction involving interstate commerce and that arbitration is governed by and may be enforced under the Federal Arbitration Act and other applicable laws, conventions, and treaties.

d. No consolidation. An arbitration proceeding under this contract shall be limited to claims between and among applicant(s), cosigners, Lack’s, and parties specifically benefitted under this arbitration agreement. No claims may be entertained as a class action.

e. Costs. “Arbitration expenses” are any filing fees and other fees and expenses charged to the parties by the AAA and the arbitrator(s). If applicant(s) initiate the arbitration process, applicant is responsible for paying arbitration expenses up to an amount equivalent to the fees charged by the clerk to file a civil action in Texas district courts. Lack’s shall pay all other arbitration expenses. Notwithstanding the foregoing, the arbitrator(s) may award to applicant(s) their share of the arbitration expenses.

f. Benefitted parties. This arbitration agreement shall extend to the benefit of the parties’ agents, officers, employees and affiliate entities, and to the providers of any insurance associated with any purchase contract and the agent(s) for such insurance.

g. Justice of the peace court. Notwithstanding the foregoing, either applicant(s) or Lack’s may pursue in a justice of the peace court with jurisdiction any claims within the jurisdiction of such court, provided that such claims are not joined with claims of other persons and are not a class action.

Lack’s Valley Stores, Ltd., agrees to this arbitration agreement.  You agree to this  arbitration agreement as stated below

 

  1. C.    CONSENT TO ELECTRONIC DISCLOSURES

The Consent to Electronic Disclosures on the Credit Application is incorporated as part of these terms and conditions.  That consent provides as follows:

 

These terms and conditions for electronic disclosures provide the procedures that Lack’s may use to provide you electronically all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you from time to time (together “notices”).  We and you agree to apply the federal E-Sign Act to the full extent.

 

Your Consent and How You May Withdraw My Consent.  You consent to receiving all notices in electronic form.  This consent is necessary to apply for a transaction online.  You may change your mind, however, and notify us in writing that you want to receive notices only in paper format.  If you have registered for online services (such as electronic statements or mobile alerts), you must also de-enroll from each service. If you want to withdraw your consent, you must write to us at Lacks Valley Stores, Ltd., 1300 San Patricia Dr., Pharr, Texas 78577 or call you at 1-844-MY LACKS (1-844-695-2257). There are no consequences to your withdrawing your consent except that you will not receive notices electronically, and notices that we are not required by law might be affected (e.g., billing statements).

 

Paper Copies of Communications.  Upon your request we will provide you, at no charge, with a paper copy of a communication that we provide to you electronically.  If you want a paper copy, you must write to you or call at the address or number shown above 

 

Other Information.  You must notify us of a change in your e-mail address for receiving electronic notices, by emailing us at privacy@lacksvalley.com.  Your e-mail must include: the last four digits of your account number, your previous e-mail address, and your new e-mail address.  All communications in either electronic or paper format from us to you will be considered “in writing.”  You should print or download a copy of this Consent, your credit application, application, this privacy policy, and other transaction documents.

Required Hardware and Software.  In order to receive electronic communications, I must have a working connection to the Internet.  This includes:

Operating Systems:

Windows® 10 or above; Mac OS® X 10.12 Sierra or above; Android 6.0 Marshmallow or above; iOS 11 or above

Browsers:

Final release versions of Microsoft Edge®; Google Chrome; Safari 10 or above

PDF Reader:

Acrobat® or similar software may be required to view and print PDF files

Enabled Security Settings:

Allow per session cookies

 

Confirmation.  By proceeding with a credit application, you confirm that:

1)    You can access and read the Consent and have been able to print it on paper, download and save this page, or e-mail this Consent to an address where you are able print it on paper or save it;

2)    You can print on paper the Consent or save or send the disclosure to a place where you can print it or save it for future reference and access; and

3)    You consent to receive exclusively through electronic means all notices and other documents that are required to be provided or made available to you by us from time to time.

 

  1. D.   AGREEMENT

 

You agree to Privacy Policy and Terms and Conditions, including the Credit Application Privacy Policy,  Terms and Conditions of Application, Binding Arbitration and Class Action Waiver, and Consent to Electronic Disclosures by checking the box on the credit application and submitting your credit application.