TERMS & CONDITIONS OF USE
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between
you (“you” or “user”) and firstlendingclub.com and its affiliated companies (collectively, “Company”,
“we”, “our” or “us”), concerning your access to and use of our website, including other media forms
and media channels, including mobile websites and mobile requests, related or connected thereto
(“Website”).
Persons under the age of 18 are not permitted to register for the Website or use the Website
services.
IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY
MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE
OR ACCESS THE WEBSITE SERVICES OR THE WEBSITE.
WEBSITE SERVICES – ADVERTISING AND CONNECTING SERVICES
It is important that you are aware that we are not a seller of any products or services to users of this
Website and Company is not a lender or provider of any financial, insurance or other services. Our
Website serves merely as a marketing and connecting platform (the “Website Services”) between
users and our network of institutions, affiliates, agencies and providers (the “Partners”) that offer
and market products and services, which may include, depending upon which of our websites you
visit, payday loans, auto loans, educational loans, mortgage products, insurance products, home
contractor services, or other products and services (the “Offerings”). Company is not an agent of any
Partner. Company is merely performing the connecting services as described. We do not guarantee
that the price, product, availability, rates, fees, or any other terms offered and made available by the
Partners are the most favorable terms available. We do not endorse or recommend the Offerings of
any particular Partner. The Partners are solely responsible for the Offerings, and you agree that we
shall not be liable for any damages or costs of any type arising out of or in any way connected to
such Offerings.
All decisions relating to the Offerings shall be made solely by the Partners, such as whether (i) you
satisfy the criteria established by the Partners for the Offerings, (ii) the Partners will contact you
after receiving your request information (defined below), and (iii) the Partners will approve you for
their Offering.
In order to receive information about the Offerings or to request the offerings, you will be requested
to submit personal and other information via our online request form (“your request information”).
Depending upon the type of Offering you are requesting, your request information may include any of
the following, in addition to other information: your name, address, telephone number (work, home,
mobile or other), email address, date of birth, driver’s license number, citizenship status, income,
social security number, bank account information, employment information, home ownership
information and active military information.
By submitting your request information via the Website, (i) you acknowledge and expressly authorize
us to transfer your request information directly to the Partners and (ii) you expressly request us and
each of the Partners with which your request information is shared to contact you (directly or
through third party marketing agents) by any means (including, without limitation, email, telephone
(via home and mobile numbers, whether utilizing an autodialer or pre-recorded messaging or other
automated features), facsimile, SMS (from firstlendingclub.com), direct mail, and website redirect).
Your agreement to be contacted by the means stated is not a condition for your purchase of any
product or service. If your browser is redirected to the Partner’s website, or you are otherwise
contacted in any manner by a Partner, then all subsequent interactions with the Partners are subject
to each Partner’s privacy policy, terms of use, and other policies and/or terms provided by that
Partner.
You acknowledge and agree that we and the Partners may verify your request information against
national databases that track similar consumer transactions, perform credit checks with credit
reporting bureaus, and verify your social security number and other information contained in your
request information. By submitting your request information, you agree to allow us and the Partners
to review, verify, and research your request information in such manner. You understand that
Partners may retain your request information, whether or not you are qualified for an Offering with
them.
USER REPRESENTATIONS
By using the Website Services, you represent and warrant that:
all information you submit is truthful and accurate;
you will maintain the accuracy of such information;
you will keep your password, if applicable, confidential and will be responsible for all use of your
password and account;
you are at least 18 years of age; and
your use of the Website Services does not violate any applicable law or regulation.
PRIVACY POLICY REFERENCE
The website’s Privacy Notice applies to your use of this Site and the Services, and its terms are
expressly incorporated by reference.The website’s Privacy Notice applies to your use of this Site and the Services, and its terms are
expressly incorporated by reference.
REGISTRATION
While you may use the Site without registering, certain functionality or areas of the Site require you
to register and create a username and password in order to access such portions of the Site. You
may not share your username or password with others. You are solely responsible for (i) authorizing,
monitoring, controlling access to and maintaining the confidentiality of your username and
password, (ii) informing us, in writing, of any need to deactivate a username due to security,
confidentiality or other concerns, and (iii) any charges or damages that may be incurred by use of
your username and password, for any reason, until such time as you tell us to deactivate youraccount or other such notification that your account has been compromised or such other
unauthorized use. We are not liable for any harm related to any authorized or unauthorized use of
your username or password.
SITE SECURITY
You acknowledge that use of a username and a password is an adequate form of security. You
acknowledge and agree that Internet transmissions are never completely private or secure and that
any message or information you send to the Site may be read or intercepted by others,
notwithstanding our efforts to protect such transmissions. In addition, as a condition of your use of
this Site, you agree that you will not, and you will not take any action intended to: (i) access data that
is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal
information about any other customer or user of this Site; (iii) probe, scan or test the vulnerability of
this Site or breach security or authentication measures without proper authorization; (iv) attempt to
interfere with service to any user, host or network or otherwise attempt to disrupt our business,
including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,”
“spamming,” “mail bombing” or “crashing;” or (v) send unsolicited mail, including promotions and/or
advertising of products and services. Violations of system or network security may result in civil or
criminal liability.
CONSENT TO BE CONTACTED
By submitting your contact information to us, you are expressly consenting to be contacted by us by
telephone, email or postal mail even if you have opted into the national Do Not Call List administered
by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any
specific institution.
By submitting your contact information or by registering for an account, or submitting for a Service
or beginning an request for a Service, you are consenting to be contacted by us, lenders and
third-parties by written notices, email messages, text messages, or telephone, at any email address
or mailing address we have for you in our records or from other public and nonpublic databases we
may lawfully access, and, in connection with any such telephone calls, you consent to the use pre
recorded/artificial voice messages and/or automatic dialing devices, at any telephone number
associated with your account, including mobile telephone numbers that could result in charges to
you for matters related to your loan or request, such as reminding you of upcoming payments,
collections, and other loan-related issues. Where allowed by law, we also may contact other
individuals who may be able to provide updated employment, location and contact information for
you.
You hereby further consent that we may utilize third party service and other providers for the
purposes of contacting you on our behalf in accordance with the Terms.
You may change your information while logged into your account, by visiting the account home
screen
PROHIBITED ACTIVITIE
You may not access or use the Website for any other purpose other than that for which Company
makes it available. The Website is for the personal use of users only and may not be used in
connection with any commercial endeavors except those that are specifically endorsed or approved
by Company. Prohibited activity includes, but is not limited to:
engaging in unauthorized framing of or linking to the Website;
deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in
any way making up a part of the Website;
interfering with, disrupting, or creating an undue burden on the Website or the networks or services
connected to the Website;
engaging in any automated use of the system, such as using any data mining, robots or similar data
gathering and extraction tools;
systematic retrieval of data or other content from the Website to create or compile, directly or
indirectly, a collection, compilation, database or directory without written permission from Company;
attempting to bypass any measures of the Website designed to prevent or restrict access to the
Website, or any portion of the Website;
using the Website Service as part of any effort to compete with Company;
harassing, annoying, intimidating or threatening any Company employees or agents engaged in
providing any portion of the Website Services to you;
deleting the copyright or other proprietary rights notice from any Company Content; and
using the Website in a manner inconsistent with any and all applicable laws and regulations.
Non-commercial Use by Users
The Website is for the personal use of individual users only and may not be used in connection with
any commercial endeavors. Illegal and/or unauthorized uses of the Website, including collecting
usernames and/or email addresses of users by electronic or other means for the purpose of sending
unsolicited email and unauthorized framing of or linking to the Website may be investigated, and
appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive
redress.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”) and the trademarks, service marks and logos
contained therein (“Marks”) are owned by or licensed to Company, subject to copyright and other
intellectual property rights under United States and foreign laws and international conventions.
Company Content, includes, without limitation, all source code, databases, functionality, software,
website designs, text, video and graphics. All Company graphics, logos, designs, page headers,
button icons, scripts and service names are registered trademarks, trademarks or trade dress of
Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be
used, including as part of trademarks and/or as part of domain names, in connection with anyproduct or service in any manner that is likely to cause confusion and may not be copied, imitated, or
used, in whole or in part, without the prior written permission of the Company. Company Content on
the Website is provided to you “AS IS” for your information and personal use only and may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent of the respective
owners. Systematic retrieval of data or other content from the Website to create or compile, directly
or indirectly, a collection, compilation, database or directory without written permission from
Company is prohibited. Provided that you are eligible to use the Website, you are granted a limited
license to access and use the Website and the Company Content and to download or print a copy of
any portion of the Company Content to which you have properly gained access solely for your
personal, non-commercial use. Company reserves all rights not expressly granted to you in and to
the Website and Company Content and Marks. If you download or print a copy of the Company
Content for personal use, you must retain all copyright and other proprietary notices contained
therein. You agree not to circumvent, disable or otherwise interfere with security related features of
the Website or features that prevent or restrict use or copying of any Company Content or enforce
limitations on use of the Website or the Company Content therein.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other
information about the Website or the Website Services (“Submissions”) provided by you to Company
are non-confidential and Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Website Service) links to other
websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software and other content or items belonging to or
originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party
Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third Party Websites accessed through the Website or any
Third Party Content posted on, available through or installed from the Website, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the
Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or
installation of any Third Party Website or any Third Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites
or to use or install any Third Party Content, you do so at your own risk and you should be aware that
our terms and policies no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate from the
Website or relating to any applications you use or install from the website.
SITE MANAGEMENT
Company reserves the right but does not have the obligation to:
monitor the Website for violations of this Agreement;
take appropriate legal action against anyone who, in Company’s sole discretion, violates this
Agreement, including without limitation, reporting you to law enforcement authorities; and
otherwise manage the Website in a manner designed to protect the rights and property of Company
and others and to facilitate the proper functioning of the Website.
PRIVACY
We care about the privacy of our users. Please review the Company Privacy Policy. By using the
Website or the Website Services, you are consenting to have your personal data transferred to and
processed in the United States. By using the Website or the Website Services, you are consenting to
the terms of Privacy Policy.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a
user of the Website.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE
RIGHT, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY, ACCESS
TO AND USE OF THE WEBSITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR
COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND
COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE, DELETE YOUR
PROFILE (IF APPLICABLE) AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY
TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website Services, Company reserves the right at any time in its
sole discretion to block certain IP addresses from accessing the Website Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to
survive the termination or expiration of this Agreement, shall be deemed to survive for as long as
necessary to fulfill such purposes.
MODIFICATIONS
To Agreement
Firstlendingclubmay modify this Agreement from time to time. Any and all changes to this Agreement
will be reflected on the Website and revisions will be indicated by date. You agree to be bound to any
changes to this Agreement when you use the Website Services after any such modification is posted
on the Website. Company may also, in its discretion, choose to alert all users with whom it maintains
email information of such modifications by means of an email to their most recently provided email
address. It is therefore important that you regularly review this Agreement and keep your contact
information current to ensure you are informed of changes. Modifications to this Agreement shall be
effective when posted. Additionally, modifications made to this Agreement applicable to dispute
resolution shall not apply to disputes arising prior to the effective date of the modification.
To Services
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the
Website Services (or any part thereof) with or without notice. You agree that Company shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the Website
Services.
DISPUTES
With Partners
If there is a dispute between users and any Partner, you understand and agree that Company is
under no obligation to become involved. In the event that you have a dispute with one or more
Partners, you hereby release Company, its officers, employees, agents and successors in rights from
claims, demands and damages (actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and/or the Website Services.
With Company
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken
pursuant or relating to this Website or the Website Services shall be governed and construed by the
law of the State of California, excluding such state’s conflicts of law rules. Any legal action of
whatever nature by or against the Company arising out of or related in any respect to this Website
and the Website Services shall be brought solely in either the applicable federal or state courts
located in or with jurisdiction over Alameda County, California; subject, however, to the right of the
Company, at the Company’s sole discretion, to bring an action to seek injunctive relief to enforce this
Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any
similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with
regard to a user. You hereby consent to (and waive any challenge or objection to) personal
jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention
on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally,
application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this
Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website
and/or the Website Service (including your visit to or use of the Website and/or the Website Service)
be instituted more than two (2) years after the cause of action arose.
CORRECTIONS
Occasionally there may be information on the Website that contains typographical errors,
inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various
other information. Company reserves the right to correct any errors, inaccuracies or omissions and
to change or update the information at any time, without prior notice.
DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE WEBSITE AND WEBSITE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS,EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND THE WEBSITE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THIS WEBSITE OR ANY OFFERINGS ADVERTISED BY THE PARTNERS,
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND
THE WEBSITE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY PARTNER OR
THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTNER OR
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Company reserves the right to change any and all content, software and other items used or
contained in the Website and any Website Services offered through the Website at any time without
notice.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS OR
PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES
ARISING FROM YOUR USE OF THE WEBSITE OR WEBSITE SERVICES, EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION WILL NOT EXCEED $50.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH
SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOTKNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
INDEMNITY
You agree to defend, indemnify and hold Company, its subsidiaries, affiliates, partners and Partners,
and their respective officers, agents, partners and employees, harmless from and against, any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of your use of the Website Services, use in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above. Notwithstanding the foregoing, Company reserves
the right, at your expense, to assume the exclusive defense and control of any matter for which you
are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s
defense of such claims. Company will use reasonable efforts to notify you of any such claim, action,
or proceeding which is subject to this indemnification upon becoming aware of it.
SWEEPSTAKES
From time to time, firstlendingclub may conduct sweepstakes that entitle the winners to prizes. Each
sweepstakes has its own terms and conditions, set forth in the “official rules” for that sweepstakes.
NOTICES
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the
address set forth below. Any notices given to you shall be given to the email address you provided
during the registration process, or such other address as each party may specify. Notice shall be
deemed to be given 24 hours after the email is sent, unless the sending party is notified that the
email address is invalid. We may also choose to send notices by email, regular mail or discussion
forum postings.
U.S. EXPORT CONTROLS
Software from this Website (the “Software”) is further subject to United States export controls. No
Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or
using the Software, you represent and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Company regarding the use of
the Website Services. The failure of the Company to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The section titles in this
Agreement are for convenience only and have no legal or contractual effect. This Agreement
operates to the fullest extent permissible by law. This Agreement and your account may not be
assigned by you without our express written consent. Company may assign any or all of its rightsand obligations to others at any time. If any provision or part of a provision of this Agreement is
unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any remaining provisions.
CCPA CONTRACT ADDENDUM
This California Consumer Privacy Act (CCPA) Addendum (this “Addendum”) forms a part of the
contract (the “Contract”) between Astoria Company and the entity providing services to Astoria
Company (the “Client”, “Company”, and/or “Vendor”). The parties agree as follows:
(1) Definitions: For purposes of this Addendum, the following terms shall mean as follows:
“Consumer”: means a natural person.
“Delete”: means the process to remove, obliterate, destroy or erase all written, electronic or other
forms of information such that it cannot be retrieved in any fashion.
“Personal Information”: means information that identified, relates to, describes, is capable of
being associated with, or could reasonably be linked, directly or indirectly, with a particular
Consumer or household and shall include, but is not limited to the examples of personal
information identified in Cal. Civ. Code Section 1798.140(o) of the California Consumer Privacy
Act.
“Sell”: means selling, renting, releasing, disclosing, disseminating, making available, transferring,
or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s
Personal Information by the Client and or Vendor to a third party for monetary or other valuable
consideration.
“Services”: means performance of the services and activities provided pursuant to or in
connection with the Contract previously entered into between Client and or Vendor and Astoria
Company.
“Service Provider”: means an entity that processes information on behalf of a business and to
which the business discloses a Consumer’s Personal Information for a business purpose
pursuant to a written contract.
(2) Definitions: In order for the Vendor to provide Services to Astoria Company , Astoria Company
may disclose Personal Information to Vendor. Vendor and Astoria Company agree that Client and or
Vendor is acting as a Service Provider to provide Services to Astoria Company.
(3) Deletion: Upon Astoria Company’s written request, and subject to and in accordance with all
applicable laws, the Service Provider agrees to promptly delete any and all Consumer Personal
Information pertaining to an individual whose name and identity is provided to the Service Provider.
(4) Prohibited Use: Service Provider agrees not to Sell Personal Information. Service Provider further
agrees not to retain, use or disclose Personal Information obtained from Astoria Company (i) outside
the direct relationship between Astoria Company and Service Provider, and (ii) for any purposes
other than for the specific purposes of performing the Services specified in the Contract.