This Acima, Terms and Conditions of Use Agreement (the “Terms of Use”) is between the party clicking “accept” below and/or using Acima’s website (“You”) and Acima Digital, LLC, and its affiliates (“Acima,” “we” or “us”), with a principal place of business at 13907 Minuteman Drive, 5th Floor, Draper Utah 84020. You should carefully read the Terms of Use before using Acima’s website. By using Acima’s website, you agree to be bound by the terms and conditions of use set forth in the Terms of Use. This is a legally binding agreement. If you do not agree with the Terms of Use you should not use Acima’s website and must leave Acima’s website.

1. We agree to provide you access to Acima’s website in accordance with the Terms of Use.

2. You agree to use Acima’s website in a manner consistent with the Terms of Use and all applicable rules and regulations. You acknowledge that you have read the Terms of Use and that you accept the terms thereof. You agree to read these terms of use carefully before using Acima’s website. If you do not agree to the Terms of Use, you may not access or otherwise use Acima’s website.

3. You accept that Acima’s website is provided on an “as is, as available” basis.

4. The materials included in Acima’s website are for general information purposes only and do not constitute legal advice. They are not intended to be a substitute for obtaining legal advice from legal counsel. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON ACIMA’S WEBSITE ARE FOR INFORMATION PURPOSES ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL. Acima does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through Acima’s website. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Acima reserves the right, in its sole discretion, to correct any errors or omissions in any portion of Acima’s website.

5. YOUR ACCESS TO AND USE OF ACIMA’S WEBSITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US.

6. WE MAY, SUBJECT TO AND IN ACCORDANCE WITH OUR PRIVACY POLICY FOR MARKETING AND OTHER PURPOSES, COLLECT, PROCESS AND TRANSMIT CERTAIN DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING ACIMA’S WEBSITE OR DURING A PHONE CONSULTATION. BY AGREEING TO THESE TERMS, YOU AGREE TO SUCH DATA BEING SO USED AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO OTHERS WHETHER OR NOT WITHIN THE UNITED STATES IN ACCORDANCE WITH OUR PRIVACY POLICY AND UNDER APPLICABLE PRIVACY AND DATA PROTECTION LEGISLATION. Information on how and what type of data (if any) is held about you can be obtained by clicking here; which will take you to our privacy policy or by contacting us.

7. Acima’s website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You are authorized to download one copy of the material displayed or performed on Acima’s website (“Content”) on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice. All materials contained on Acima’s website are protected by copyright, and are owned or controlled by Acima or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on Acima’s website. Permission is given to view the material on these web pages and save that material only for your personal reference. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission from Acima or the copyright holder identified in the individual Content’s copyright notice.

8. Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on Acima’s website in any way unless you obtain the prior written consent of Acima. No intellectual property or other rights shall be transferred to you through your use of Acima’s website. We are not able to confirm that the materials contained on these web pages are correct in every case. Acima reserves the right to make changes to Acima’s website, including the availability of any feature, database, Content, Web page materials, product information and prices on Acima’s website at any time without notice or liability. Acima may also impose limits on certain features and services or restrict your access to parts or all of Acima’s website without notice or liability.

9. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to, distribute, or otherwise publish through Acima’s website any materials which (i) restrict or inhibit any other user from using and enjoying Acima’s website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

10. You acknowledge that transmissions to and from Acima’s website are not confidential and your communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose, including but not limited to, repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law.” You acknowledge that by submitting communications to Acima, no confidential, fiduciary, contractually implied, or other relationship is created between you and Acima other than pursuant to these Terms of Use and any subsequent written agreement entered into with Acima.

11. Acima will send text messages to you for non-telemarketing purposes regarding account information, such as non-marketing details or servicing information. We may also send marketing text messages to you. You can cancel either non-marketing or marketing messages at any time by texting "STOP" in response to a text message you receive from us. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed from receiving either non-marketing or marketing messages, depending on the type of message you replied. If you wish to cancel both non-marketing and marketing messages, simply reply “STOP” to both a non-marketing and marketing message. If you want to join again, just sign up as you did the first time, and we will start sending messages to you again. If at any time you forget what keywords are supported, just text "HELP" in response to any message you receive from us. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. Message frequency will vary by account. As always, Message and Data Rates May Apply for any messages sent to you from us and to us from you. The following carriers are supported: Verizon Wireless, AT&T, Sprint, T-Mobile®, Boost, Virgin Mobile USA and Metro PCS. T-Mobile® is not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by Acima you can call us at 801-297-1982.

12. ACIMA’S WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH ACIMA’S WEBSITE, IS PROVIDED “AS IS, AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Acima AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON ACIMA’S WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH ACIMA’S WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH ACIMA’S WEBSITE OR ANY LINKED SITE. FURTHER, ACIMA AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACIMA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ACIMA’S WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ACIMA’S WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACIMA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF ACIMA’S WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FURTHER, IN NO EVENT WILL ACIMA BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, USE OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, DISCLAIM AND EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS ACIMA’S WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

13. You hereby agree to indemnify, defend and hold Acima, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties and covenants, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Acima reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Acima.

14. Where we provide hypertext links from or to third party sites, we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the Website, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.

15. These Terms of Use contain the entire understanding between us with respect of Acima’s website and no representation, statement, inducement oral or written, not contained herein shall bind either of us. Acima reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Notification of changes in these Terms of Use will be posted on Acima’s website.

16. The terms and conditions of use in this Terms of Use are subject to change at any time. You should review the Terms of Use regularly for any changes.

17. Should any part of the Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

18. Acima’s website, any information provided from it and the Terms of Use are given and made in the state of Utah, United States of America. THIS TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS OF USE AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SALT LAKE COUNTY IN THE STATE OF UTAH.

19. We do not sell, distribute, or disclose retailer information to third parties for marketing or commercial purposes.

Last Updated: February 7, 2025

Your privacy is important to us at Upbound Group, Inc. (formerly known as Rent-A-Center, Inc.) its affiliates, including Acima Digital, LLC, (collectively “Company,” “we,” “us,” or “our”), and we are committed to safeguarding, preserving, and respecting your privacy rights. This online privacy statement (the “Statement” or “Policy”) describes how we collect, use, disclose, and secure the personal information we gather about you through the website for our subsidiary, Acima Digital, LLC https://www.acima.com// (the “Site”), our online services, and when you interact with us as a customer or otherwise (collectively, the “Services”). 

For the purposes of this Statement, personal information means data that classifies as personal information, personal data, personally identifiable information, or similar terms under applicable data privacy and security laws and regulations. It does not include data excluded or exempted from those laws and regulations. Nothing in this Statement will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to the Company generally or in any specific context. 

This Policy expressly incorporates any privacy notices we may issue to supplement this Policy, for example if required by law. Depending on your residency, a supplemental privacy notice may apply to you. For example, if you are a California resident, please view our California Privacy Policy. Unless supplemental notices expressly provide otherwise, in the event of any conflict between this Policy and additional privacy notices this Policy governs. 

1. You Consent to This Statement

You should read this Statement carefully, so that you understand our privacy practices. We recommend printing and retaining a copy for your future reference. By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Statement. By providing your personal information, you consent to our processing of such information for the purposes identified in this Policy where such consent may be implied under applicable law. If you do not agree to this Statement, you may not use the Services. 

This Statement applies regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you, including mobile devices.

We may provide you with additional privacy notices or terms where we believe it is appropriate to do so. It is important that you read this Statement together with any other privacy notice or terms we may provide on specific occasions, so that you are fully aware of how and why we are using your data. This Statement supplements these other notices and is not intended to override them.

If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the “Contact Us” section below.

2. What Types of Information Do We Collect? 

We collect information you voluntarily provide to us directly, information that we collect automatically when you interact with the Services, and information collected from third parties. The categories of personal information that we collect and the purposes for which we collect that information are described below. 

Categories of Personal Information We Collect

The following list describes the categories of personal information we may collect.  

• Account Information includes name, zip code, country, email address, username, and password. For certain product types, we may also collect information regarding your vehicle such as make and license plate. We collect this information when you provide it directly to us. We collect this information for the purposes of account creation and management, analytics and research, customer service, marketing and advertising, newsletters and related communications, and rental/purchase of goods.
• Analytics Information. We may collect certain analytics information automatically as you navigate our Services and the communications we may provide, such as emails. This may include cookies, tracking pixels, tags or similar tools, such as session replay technologies, which may collect information about your browser, device, geolocation, and that may log how you interact with our Services. For more information, please view the “How Do We Use “Cookies” and Other Tracking Technologies?” section below. We collect this information for the purposes of analytics and research, customer service, marketing and advertising, newsletters and related communications, and website security and maintenance.
• Contact Information includes name, mailing address, email address, and phone number. We may also request and collect similar contact information regarding individuals you list as references. We collect this information when you provide it to us directly, such as when you make a purchase or fill out a form. We also may obtain this information indirectly from other sources including our service providers.  We collect this information for the purposes of account creation and management, customer service, marketing and advertising, newsletters and related communications, and rental/purchase of goods.
• Commercial History includes information regarding the purchases you have made through our Services such as your lease or rental agreement number, item leased, payment information, and last transaction date. We collect this information when you provide it directly to us and through our ongoing interactions with you. We collect this information for the purposes of account creation and management, analytics and research, customer service, marketing and advertising, newsletters and related communications, and rental/purchase of goods.
• Demographic Information includes name, email address, place of employment, type of employment, industry, household income, race, age, and gender. We collect this information when you provide it directly to us, such as when you complete an application or take part in voluntary market research surveys. We collect this information for the purposes of account creation and management, analytics and research, marketing and advertising, newsletters and related communications, and rental/purchase of goods.
• Financial Information includes information that you provide regarding your lease or rental agreement and product interests, such as your Social Security number and information regarding your income, employment, and references. We collect this information for the purposes of account creation and management, customer services, analytics and research, and rental/purchase of goods.
• Interests and Preferences includes products that you may be interested in and information regarding alerts you may like to receive. We collect this information when you provide it directly to us and by analyzing your interactions with our Services. We collect this information for the purposes of account creation and management, analytics and research, customer service, marketing and advertising, newsletters and related communications, and rental/purchase of goods.
• Payment Information may include name, address, phone number, debit or credit card information, or information regarding any relevant rental or lease agreement. We collect this information when you provide it directly to us. We collect this information for the purposes of account creation and management, customer service, analytics and research, and rental/purchase of goods.
• Digital Assistant Information includes information that you provide to us when you initiate or otherwise send a communication through the online Digital Assistant, our automated chat function, which may utilize artificial intelligence (AI) technology. Please note that by using the Digital Assistant, you are engaging with an automated program and not a real person, and we will record the conversation. Please also note that information relating to your communications may be shared with our service provider. We collect this information for the purposes of analytics and research, and customer service.
• Responses to Surveys and Questionnaires includes any information you provide to us when you voluntarily complete market research surveys such as email address, place of employment, type of employment, industry, interests, household income, race, age, and gender. We collect this information when you provide it directly to us. We collect this information for the purposes of analytics and research, customer service, marketing and advertising, and newsletters and related communications.
• Social Media Information includes information that you post or share on a blog or other form of social media platform. We collect this information when you provide it directly to us. Please note that your comments may be visible to the public, so you should never share personal information that you would like to keep private. We collect this information for the purposes of analytics and research, customer service, marketing and advertising, and newsletters and related communications.
• Text Communications Program Information includes information obtained as part of our Text Communications program. For more information on this program, see our relevant Terms of Service. We collect this information for the purposes of account creation and management, customer service, marketing and advertising, newsletters and related communications, and rental/purchase of goods. However, Acima does not share this category of information with third parties or affiliates for their marketing, sales, or advertising purposes. 
• Biometric Information. We, or our service providers, may collect biometric information such as facial geometry from your passport or driver’s license information, other identity documents you provide to us for identity verification purposes. For more information about how long we, or our service providers, retain such information, please see the “How Long Is Your Personal Information Kept” section below.

Purposes for Collection of Personal Information

The following chart identifies the purposes for which we may collect your personal information, as well as information regarding our use and disclosure of that personal information. Please note that we may not collect each category of information about each user of our Services.  

Other Ways We May Collect, Use, or Share the Information   We may also reserve the right to collect, use, or share personal information for the following purposes:

• Based on your consent or direction. Throughout the course of using our Services, you may be provided with additional opportunities to consent to the disclosure of your personal information with various third parties. In these circumstances, the Company will provide you with clear and specific notice of the opportunity in order to obtain your consent. 
• For legal purposes. We reserve the right to cooperate with local, provincial, state, federal and international officials in any investigation requiring either personal information or reports about lawful or unlawful user activity on this site. We also reserve the right to share your personal information to establish, exercise, or defend our legal and property rights, including providing information to others for the purposes of fraud prevention. We may also share your personal information (i) if we are ordered by a legal process or government to do so, or (ii) with any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information. 
• Business transactions or mergers. We reserve the right to share your personal information to third parties as part of any potential business or asset sale, merger, acquisition, investment, round of funding, or similar type of transaction. Additionally, if we are entering into a corporate transaction with a third party, we may receive personal information in connection with the diligence. If we close a transaction, the third party may transfer personal information, which we would use as described in this Policy.
• Bankruptcy or insolvency. In the event of bankruptcy, insolvency, or dissolution proceedings, we may share your personal information with third parties as part of the sale or reorganization process. 
• Service Providers. With service providers who perform services on our behalf. Any such service providers will be under an obligation to us to maintain the confidentiality of your personal information.
• Our partners, affiliates, and subsidiaries. We may collect information from—or share information with—our partners such as market research firms, financial services partners, and our affiliates, subsidiaries, joint ventures, or other companies under common control. We may combine that information with other information we collect about you. You may revoke your consent for the sharing of information with financial services partners by submitting a Do Not Sell request here. Furthermore, all information gathered about you by the Company may be shared with any of the Company's current or future subsidiaries or affiliates.

We will not disclose your information except as provided for in this Policy.   

Information Regarding Automated Profiling

We rely on certain types of automated processing in order to prevent, detect, and protect against fraud, identity theft, and other illegal activities. Under some privacy laws, this processing may constitute “profiling.” This means that we use automated programs that analyze your Contact Information, Payment Information, Commercial History, and Financial Information automatically and without human assistance in order to detect indicators of fraud and verify your identity. We do not report the results of such automated profiling to credit bureaus. This system provides benefits to our consumers by increasing the speed of the decision-making process, decreasing its cost, and preventing consumers and the general public from the harms of fraud and identity theft. We also periodically review the functionality of these systems to ensure their accuracy and fairness and mitigate any risks associated with their use. However, as with any eligibility determination, our automated profiling system may not have access to all relevant information or may process information that is, or that you believe to be, inaccurate, which may negatively impact the outcome of the eligibility determination. Our automated profiling system is essential to the provision of our Services. We cannot feasibly offer a manual alternative to the automated profiling fraud and identity theft detection and prevention. As a result, if you opt-out of automated profiling for this purpose, we will be unable to provide you with our Services. If you wish to opt-out of Automated Profiling, you may refuse to provide your consent at the time your consent for such profiling is requested. Additionally, you may submit a request to correct or delete in accordance with the “Exercising Your Rights” portion of Section 4 below. 

3. How Do We Use “Cookies” and Other Tracking Technologies?

We may send one or more cookies to your computer or other device. We may also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Services. These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Services. This information allows us to understand how you use the Services.

What Are Cookies?

Cookies are small files created by websites, including our Services, that reside on your computer’s hard drive and that store information about your use of a particular website. When you access our Services, we use cookies and other tracking technologies to:

• Estimate our audience size and usage patterns ;
• Store information about your preferences, allowing us to customize our Services according to your individual needs ;
• Contact you to provide you with information or services that you request from us ;
• Advertise new content, events, and services that relate to your interests ;
• Provide you with more personalized content that is most relevant to your interest areas ; and
• Recognize when you return to our Services.

We set some cookies ourselves and others are set by third parties. You can manage your Cookies preference as described in the “Managing Your Cookies” section below.

What Types of Cookies Do We Use and Why?

The following chart lists the different types of cookies that we and our service providers use on the Services, examples of who serves those cookies and links to the privacy notices and opt-out information of those cookie servers. 

We do not disclose information to any third party that identifies a specific person as having viewed specific video materials.   

How Long Do Cookies Stay on My Device?

Some cookies operate from the time you visit the Services until the end of that particular browsing session. These cookies, which are called “session cookies,” expire and are automatically deleted when you close your Internet browser.

Some cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your Internet browser. These cookies are called “persistent cookies” and the length of time they will remain on your device will vary from cookie to cookie. Persistent cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Services, how your use of the Services may change over time, and the effectiveness of advertising efforts.

Managing Your Cookies

It may be possible to block cookies by changing your Internet browser settings to refuse all or some cookies. If you choose to block all cookies (including Essential cookies), you may not be able to access all or parts of the Services.

You can find out more about cookies and how to manage them by visiting https://www.aboutcookies.org/.

Does the Site Respond to “Do Not Track” Signals?

We respond to the Global Privacy Control ("GPC") signal. The GPC signal is a browser level signal that can reflect the desire to opt-out of having personal information shared or sold. Some browsers allow transmission of GPC signal. When you broadcast this signal, we will not transmit your personal information to third parties who perform analytics services or who advertise to you based on this information. Please note that your use of our website will still be tracked by the Company and its service providers who have agreed to limit their use of personal information. 

4. Consumer Users’ Rights

Under certain privacy laws, some state residents are entitled to various privacy rights. Although they may not all apply to Upbound, the states with privacy laws that will be in effect in January 20245 include California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah and Virginia.

Upbound values its customers’ privacy and complies with all applicable state privacy laws. The chart below explains these rights, although some exceptions may apply.  

To exercise any of the rights listed in the chart above, please visit us at here.

If you are a resident of California, please also refer to our California Privacy Policy.

Sensitive Information

We will process Sensitive Data (as the term or its equivalent is defined in applicable privacy laws) in accordance with any applicable privacy laws. In some instances, that means we will not collect Sensitive Data without first obtaining your consent or providing you with the right to opt out.

For the purposes of serving you relevant advertisements based on your location, we collect geolocation information to perform geofencing from our service providers. These service providers will not collect this information from Connecticut, Utah, and Virginia residents without first obtaining consent.  

Exercising Your Rights

If you wish to exercise one of the above rights, please submit your request here or call us using the phone number listed in the “Contact Us” section below.    

If necessary, we may request additional information reasonably necessary to authenticate you and your request.  

In certain circumstances, you may make a request on behalf of another such as if you are an authorized agent or the parent or guardian of a child on behalf of whom you wish to exercise their rights.  

We will respond to verified consumer requests, if applicable, within 45 days of receipt of the request and without undue delay. If we need to extend this period, we will notify you of the delay and explain the reasonably necessary justifications for our delay.   

We will provide responses to your requests free of charge unless certain exclusions apply, depending on the state in which you reside.  

Appealing a Rights Request Decision

If we deny or fail to take action on your request to exercise your applicable consumer privacy rights, you may appeal our decision. When this happens, we will send you an email informing you of our decision to deny your request. The email will include a link that you can access in order to initiate the appeals process.

We will inform you in writing within 45 days of any action taken or not taken in response to the appeal. We will also provide a written explanation of the reasons for our decisions regarding your request(s).

Verification.

To ensure the protection of your personal information, we may need to verify that the individual submitting a request is the consumer to whom the request relates prior to processing the request, or an authorized agent. To verify a consumer’s identity, we may request up to three pieces of personal information about you to compare against our records when you make a request.

Making a verifiable consumer request does not require you to create an account with us. However, we may require that you access a previously existing account where necessary to submit the request.

We will only use personal information provided in your request to verify your identity and will delete any information you provide after processing the request. We reserve the right to take additional steps as necessary to verify the identity of consumers where we have reason to believe a request is fraudulent.

You may choose a person or business that you authorize to act on your behalf to submit your requests (“Authorized Agent”). If you choose to use an Authorized Agent, we require that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with us. Failure to do so may result in us denying your request.

5. Canadian Users Rights

Residents of Canada are entitled to certain rights under the Personal Information Protection and Electronic Documents Act (PIPEDA). These rights include the right to access, the right to challenge the accuracy and completeness, and the right to correct the personal information we process about you. If you are a Canadian resident and would like exercise your rights under PIPEDA, you may contact us at any time by email at privacy@acima.com or through our webform, available here.

6. Advertising and Marketing Choice

We respect your rights in how your personal information is used and shared. If at any time you would like to unsubscribe from receiving future emails, follow the instructions at the bottom of each email, and we will promptly remove you from marketing correspondence. Please note, however, that we may still need to contact you regarding other matters. 

7. How Long Is Your Personal Information Kept

We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided. We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this Statement or under applicable law, contract, or regulation. 

We will retain any biometric information until, and request service providers that any have access to biometric information, destroy such data, when the first of the following occurs:

• The initial purpose for collecting or obtaining such biometric information has been satisfied, such as the identity of the individual has been verified; or
• 
  
• Within 3 years of your last interaction with us.

If legal obligations require us to retain biometric information for longer than the above, we will destroy such data not later than the first anniversary of the date the data is no longer required to be maintained by law.

8. Our Commitment to Data Security

The Company will use appropriate administrative, technical, and physical security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. This includes storing sensitive information such as social security number, date of birth, and credit cardholder data, in a secure, controlled environment. However, we cannot and do not guarantee complete security, as it does not exist on the Internet.

9. Where Your Personal Information Is Held

We process personal information on our servers in the United States of America and may do so in other countries. If you use our Services or otherwise provide us with information from outside of the United States, you expressly consent to the transfer of your data to the United States. For the sake of clarity, we do not target or otherwise offer Services to the European Union or United Kingdom.   

10. Third Party Links

Our Services may contain links to third-party websites. When we provide links, we do so only as a convenience, and we are not responsible for any content of any third-party website or any links contained within. It is important to note that this Statement only applies to Acima’s Services. We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting third-party websites. We also advise that you carefully read the privacy notice of any third-party websites you choose to visit.

11. Children’s Privacy

Protecting the privacy of the very young is especially important. Our Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. In the event that we learn that we have collected personal information from a child under age 13 without verification or parental consent, we will immediately delete that information. If you believe that we might have any information from or about a child under 13, please contact us using the information provided in the “Contact Us” section below. If you are under the age of 18, you must ask a parent or legal guardian to order merchandise from the Company.

12. Policy Changes

This Statement may change from time to time. If we need to change this Statement at some point in the future, we will post any changes on this page. If we make a significant or material change to this Statement, we will notify you via email. You should check these terms when you use the Site. Your continued use of the Site constitutes acceptance of the most current version of this Statement.

13. Contact Us

If you have any questions about this Privacy Policy, please contact us via phone at 1-800-422-8186.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH UPBOUND GROUP INC., ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY PROVIDING YOUR TELEPHONE NUMBER AND ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND CAREFULLY CONSIDERED THE CONSEQUENCES OF THIS IMPORTANT DECISION.

THIS WEBSITE AND INFORMATION ON IT ARE CONTROLLED BY UPBOUND GROUP, INC. IN THE UNITED STATES, CANADA AND PUERTO RICO. PLEASE SEE OUR WEBSITE PRIVACY POLICY FOR FURTHER INFORMATION.

Upbound Group, Inc., on behalf of itself and its affiliates (including but not limited to Acima, RAC Acceptance, Acceptance Now, Get It Now, Home Choice, and Preferred Lease) and/or subsidiaries (hereinafter collectively 'Company') reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use this Web Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by the Terms as revised.

Please read these Lease Application Terms and Arbitration Agreement carefully. By using any, including but not limited to submitting an application, of the Company services described herein, and by providing any phone number to Company, you: (i) agree to all such terms, conditions and notices; (ii) acknowledge that you have read and understood these Terms; (iii) represent that you are 18 or older; (iv) consent to be legally bound by these Terms; and (v) consent and agree to the contents of Company’s Website Privacy Policy and the Arbitration Agreement set forth below. If you do not agree to these Terms, do not use Company’s services, download any applications or provide your telephone number or contact information to Company.

Lease Application Terms

I HEREBY: (1) certify that all information I have provided on this application or in connection herewith is true, correct, and complete; (2) consent to receive the disclosures contained in the application electronically; (3) understand and agree that Company may contact any person, company, or entity listed herewith for information about me and I fully release all parties from all liability for any damages that may result; (4) authorize Company to charge any bank account, credit card, or debit card (as described in the application) in the amount of my initial payment if my application is approved and I execute a lease-purchase agreement with Company authorizing such a charge; (5) understand that this application is subject to approval by Company; (6) provide “written instruction” to Company under the Fair Credit Reporting Act authorizing Company to obtain information from my personal credit report, personal credit profile, or other information from Experian and other agencies, and authorize Company to obtain such information solely to evaluate the terms of any merchandise lease offer and to confirm my identity to avoid fraudulent transactions in my name; (7) understand and agree that Company may obtain a consumer report in connection with (a) my application, and (b) any updates, renewals, or extensions of any transaction resulting from my application or directly related to it; (8) understand that, if I ask, I will be informed whether or not such a report was obtained and, if so, the name and address of the agency that furnished the report; (9) authorize Company to share information with its affiliates for marketing purposes, and with the participating host retailer ("Retailer") about Company's decision to offer me a rent-to-own transaction, and authorize Company to share my application information and lease terms with Retailer; and understand that I can withdraw my consent by closing this web session without submitting my application; and (10) understand that clicking the submit button below is the equivalent of my electronic signature on this application, and that I consent to be bound by the terms and conditions and important disclosures of the application.

ARBITRATION AGREEMENT

PLEASE READ THIS ARBITRATION AGREEMENT. IT IS BINDING AND ENFORCEABLE.

This Arbitration Agreement (“Agreement”) is between the Company and you. The terms “you” and “your” mean the person, applicant, customer, lessee, renter, user, buyer, and other third-party beneficiaries of the items or services Company is providing, will provide, or has provided to you. And the term Company means Upbound Group, Inc., and its past, present, and future parents, subsidiaries, affiliate entities (including but not limited to Acima, RAC Acceptance, Acceptance Now, Get It Now, Home Choice, and Preferred Lease), and predecessors, or successors in interest. The Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs this Agreement, which evidences a transaction involving interstate commerce.

Except as otherwise provided in this Agreement, you and Company agree to resolve by individual, final, and binding arbitration any and all claims or controversies, past, present, or future, that Company may have against you or that you may have against Company and/or (i) its directors, officers, members, managers, employees, or agents in their capacity as such or otherwise; (ii) its successors or assigns; and (iii) its clients and host stores, in accordance with the terms and procedures set forth in this Agreement. Each of the entities and/or individuals listed in this paragraph can enforce this Agreement.

(A) What Claims Are Covered: You and Company agree that, in the event of any covered dispute or claim between us, you and Company agree to have that dispute or claim resolved by final and binding arbitration. This agreement to arbitrate is intended to be interpreted as broadly as the FAA allows. Claims and disputes subject to arbitration include but are not limited to:

• claims arising under, or arising out of, or relating in any way to your use of any Company services, including this website, and to any Company communication services, including marketing SMS and text messages;
• claims arising under, or arising out of, or relating in any way to your provision of a telephone number or contact information to Company that is used by Company to contact you for any reason;
• claims arising under, arising out of, or relating in any way to any Consumer Contract entered into between you and Company at any time and/or any services rendered under or that relate to any such Consumer Contract;
• claims arising out of or relating in any way to your interactions with or any actions taken by Company or any of its employees or agents, including but not limited to allegations that those employees or agents acted improperly in terminating your Consumer Contract, repossessing goods, or making complaints or reports about you to law enforcement, credit reporting bureaus, or any other third party;
• claims relating to the retention, protection, use, or transfer of information about you or any of your accounts;
• claims relating to communications with you, regardless of sender, concerning any of our or our marketing partners’ products or services, including emails and automatically dialed calls and text messages;
• claims that arose before the execution of this Agreement or any current or prior Consumer Contract between you and Company, such as claims related to advertising or disclosures;
• claims that arise after the termination of any Consumer Contract between you and Company;
• claims that are based on any legal theory whatsoever, including negligence, breach of contract, tort, fraud, misrepresentation, trespass, the common law, or any statute, regulation, or ordinance; and
• except as specified in the Class Action Waiver below, any and all disputes relating to the interpretation, applicability, enforceability, scope, waiver, or formation of this Agreement, including but not limited to any contention that all or any part of this Agreement is void or voidable.

(B) What Claims Are Not Covered: This Agreement does not cover:

• criminal proceedings and/or making a report or filing a claim with any law enforcement agency, initiated by you or Company; initiating or participating in criminal proceedings and/or making a report of filing a claim with any law enforcement agency shall not be a waiver of any right to arbitrate under this Agreement, but any action by either party for abuse of process, improper criminal proceedings, or similar action arising out of any law enforcement/criminal proceedings/claim with any law enforcement agency is covered by this Agreement and must be arbitrated; and
• disputes that applicable federal statutes exempt from arbitration, overriding the FAA.

(C) Small Claims Court Option: Notwithstanding the foregoing, you and Company each have the right to file an individual action in small claims court if it is within the jurisdiction of the small claims court and remains in that court. The defendant or counterclaim defendant in such a small claims court action may not elect to have the claim resolved by binding arbitration. If your jurisdiction permits small claims court judgments to be appealed to a court of general jurisdiction for a trial de novo, we agree that any such appeal shall be resolved in arbitration in accordance with this Agreement instead of in that court of general jurisdiction.

(D) Class Action Waiver: You and Company agree that arbitration shall be conducted on an individual basis only. There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class, mass, or representative action or for the Arbitrator to award declaratory or injunctive relief on behalf of absent parties (“Class Action Waiver”). Nor shall the Arbitrator have any authority to hear or preside over any such dispute. In the event a final judicial determination is made that the Class Action Waiver is unenforceable and that a class, mass, or representative action may proceed notwithstanding the existence of this Agreement, the Arbitrator is nevertheless without authority to preside over a class, mass, or representative action, and any such action must be brought in a court of competent jurisdiction—not in arbitration, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

Regardless of anything else in your Consumer Contract, this Agreement, or the arbitration provider’s rules or procedures, any disputes relating to the interpretation, applicability, scope, waiver, and enforceability of this Class Action Waiver, including but not limited to any claim that all or part of this Class Action Waiver is void or voidable, may be determined only by a court—not by the Arbitrator.

(E) Pre-Arbitration Notice of Dispute: A party who intends to seek arbitration must first send to the other, by certified mail, return receipt requested, a written Notice of Dispute. A Notice of Dispute to Company should be addressed to: Upbound Legal Department, 5501 Headquarters Drive, Plano, TX 75024-5837. Notices of Dispute to you will be sent to you at the last known address or, if no address has been provided, telephone number, you provided to Company. A Notice of Dispute must (i) provide your name, address, phone number, and, if applicable, Consumer Contract number; (ii) describe the nature and basis of the claim or dispute; (iii) set forth the specific relief sought; and (iv) be signed by the party seeking arbitration (i.e., either you personally or a Company representative). If you are the party seeking arbitration and you have retained an attorney, your Notice of Dispute must also include your signed statement authorizing Company to disclose your confidential account records to your attorney if necessary in resolving your claim.

(F) Informal Settlement Conference: After the Notice of Dispute containing all of the information required by paragraph (E) is received, within 60 days, either party may request a conference to discuss in good faith a potential informal resolution of the dispute, without the need to go forward in an arbitration (“Informal Settlement Conference”). If timely requested, the Informal Settlement Conference will take place at a mutually agreeable time by telephone or videoconference. You and a Company representative must both personally participate; any counsel representing you or Company also may participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both you and Company agree in writing. Any statute of limitations applicable to the claims described in a Notice of Dispute shall be deemed to be tolled during the period between the date that a fully complete Notice of Dispute is received and the later of (1) 60 days after receipt of the Notice of Dispute; or (2) if an Informal Settlement Conference is timely requested, 30 days after completion of the Informal Settlement Conference (the “Informal Resolution Period”).

(G) Commencing Arbitration: An arbitration proceeding may not be commenced unless the claimant has complied with the Notice of Dispute and Informal Settlement Conference requirements of paragraphs (F) and (G). Therefore, no party shall commence an arbitration proceeding until after the latter of (i) 60 days after the Notice of Dispute has been received or (ii) if an Informal Settlement is timely requested, 30 days after the completion of the Informal Settlement Conference. A court will have authority to enforce this paragraph (H), including the power to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice of Dispute and participating in a timely requested Informal Settlement Conference. Unless prohibited by applicable law, the arbitration administrator is without authority to accept or administer any arbitration proceeding unless the claimant has complied with the Notice of Dispute and Informal Settlement Conference requirements of paragraphs (F) and (G)

To commence arbitration, the claimant shall file a Request for Arbitration with the American Arbitration Association (“AAA”) and must send a copy of the Request for Arbitration to the other party by certified mail, return receipt requested. Requests for arbitration by you should be sent to: Upbound Legal Department, 5501 Headquarters Drive, Plano, TX 75024-5837. Requests for arbitration by Company will be sent to you at the last known address you provided to Company. The AAA’s address is as follows: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. The AAA’s current address and/or email address also may be found on its web site at www.adr.org. Requests for arbitration must be clearly marked “Request for Arbitration,” include your name, address, phone number, Consumer Contract number (if applicable), and signature, as well as provide a short statement of the claim and the specific relief that is being sought.

(H) The Arbitration Process: Arbitration is more informal than a lawsuit in court. In arbitration you and Company each give up the right to a trial by judge or jury. The arbitration will be administered by the AAA and, except as provided in this Agreement, shall proceed in accordance with the AAA’s Consumer Arbitration Rules (“AAA Rules”) in effect at the time the arbitration commences; however, if there is a conflict between the AAA Rules and this Agreement, this Agreement shall govern. The AAA Rules are available at www.adr.org, by calling the AAA at 1-800-778-7879 or its then current telephone number as provided on its web site, or by sending a written request to: American Arbitration Association, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. If the AAA is unavailable or unwilling to administer the matter consistent with this Agreement, the parties may agree to or a court of competent jurisdiction shall select an arbitrator to administer the arbitration or otherwise fulfill the duties of the AAA under this Agreement. Any such substitute arbitrator shall apply the terms of this Agreement and AAA Rules, as modified by this Agreement. Unless the parties agree otherwise, the Arbitrator shall be either an attorney who is experienced in commercial law and licensed to practice law in at least one state or a retired judge from any jurisdiction (the “Arbitrator”). Unless the parties agree otherwise, the arbitration shall take place in the U.S. city or county in which you reside at the time arbitration is commenced.

For claims seeking relief valued at $75,000.00 or less (to both you and Company), excluding attorney’s fees and costs, the AAA shall appoint the Arbitrator in accordance with its rules and procedures. For all claims seeking relief above $75,000.00 in value (to either you or Company), excluding attorney’s fees and costs, unless prohibited by the AAA (in which case the AAA’s rules and procedures for arbitrator selection shall apply), the Arbitrator shall be selected as follows: The AAA shall give each party a list of five (5) arbitrators drawn from its roster of arbitrators. Each party shall have ten (10) calendar days from the receipt of the list to strike all names on the list it deems unacceptable. If only one (1) common name remains on the lists of all parties, that individual shall be designated as the Arbitrator. If more than one (1) common name remains on the lists of both parties, the parties shall strike names alternately from the list of common names until only one (1) remains. The party who did not initiate arbitration shall strike first. If no common name remains on the lists of all parties, the AAA shall furnish an additional list of five (5) arbitrators from which the parties shall strike alternately, with the party who initiated arbitration striking first, until only one (1) name remains. That person shall be designated as the Arbitrator. If the individual selected cannot serve, AAA will issue another list of five (5) arbitrators and repeat the alternate striking selection process.

Subject to the Class Action Waiver, the Arbitrator may award any party any remedy to which that party is entitled under applicable law (including without limitation legal, equitable, and injunctive relief), but such remedies shall be limited to those that would be available to a party in his/her/its individual capacity in a court of law for the claims presented to and decided by the Arbitrator. Except to the extent preempted by the FAA, the Arbitrator shall apply the substantive law, including but not limited to the applicable statutes of limitations (and the law of remedies, if applicable) of the state of the Consumer’s mailing address with Company at the time arbitration commences, or federal law, or both, as applicable to the claim(s) asserted. The Arbitrator is without jurisdiction to apply any different substantive law or law of remedies. In addition, the Arbitrator may consider rulings in other arbitrations involving different consumers, but unless prohibited by applicable law, an arbitrator’s ruling will not be binding or have preclusive effect in proceedings involving different consumers.

The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences by telephone, videoconference, or in person, as the Arbitrator deems necessary. Either party may file a motion to dismiss and/or a motion for summary judgment.

Any party may arrange for a court reporter to provide a stenographic record of the proceedings in accordance with the AAA Rules. Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the Arbitrator shall have the authority to decide the dispute based upon the evidence that is presented. Upon request at the close of the hearing, either party shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator.

The Arbitrator shall render an award no later than thirty (30) days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are received, whichever is later, unless the parties agree otherwise. The award shall be in writing and include the factual and legal basis for the award. Before the Arbitrator issues this award, neither Company nor you should disclose the substance of any settlement offers to the Arbitrator.

Each party shall have the right to take the deposition of one (1) individual fact witness and any expert witnesses designated by the other party. Each party shall have the right to send requests for production of documents to any party, consistent with applicable legal privileges, the informal and expedited nature of arbitration, and each party’s right to a fundamentally fair hearing. At either party’s request, the Arbitrator may allow additional discovery. Additional discovery is also permitted by the parties’ mutual agreement in writing.

(I) Arbitration of Claims of $10,000.00 or Less: If you fully complied with the requirements in Paragraphs (E) and (F) above and you initiate arbitration of claims seeking relief valued at $10,000.00 or less (to both you and Company), excluding attorney’s fees and costs, and the Arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made before the Arbitrator was selected, then Company will (i) pay you $10,000.00 (“the alternative payment”). If your claim seeks relief valued at $10,000.00 or less (to both you and Company), excluding attorney’s fees and costs, and Company did not make a written offer to settle the dispute before the Arbitrator was selected, you will be entitled to receive the alternative payment, if the Arbitrator awards you any relief on the merits. The Arbitrator shall make any rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment, upon request from either party made within fourteen (14) days of the Arbitrator’s ruling on the merits. The alternative payment is available only for arbitrations in which (i) you seek relief valued at $10,000.00 or less (to both you and Company); (ii) you have fully complied with the requirements of Paragraphs (F) and (G); and (iii) you have not disclosed the substance of any settlement offer by Company to the Arbitrator before an award on the merits is issued. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the Arbitrator shall not consider amounts offered for or awarded in attorneys’ fees or costs. If you are entitled to statutory attorney’s fees, then the Arbitrator shall decide any award of attorney’s fees. If, after commencing arbitration, you amend your claim to include new or different claims or to request different or greater relief than you initially requested, the AAA or the Arbitrator shall stay further arbitration proceedings for thirty (30) days. During that time, Company may make a written settlement offer. If not accepted, following the issuance of the award, that offer will be used by the Arbitrator to determine whether you are entitled to the alternative payment. If the AAA appointed an emergency arbitrator to decide a request for emergency relief before the regular Arbitrator who decided the merits of the claims was selected, Company’s last written settlement offer made before the appointment of the later-selected regular Arbitrator shall be the offer used to determine eligibility for the alternative payment.

(J) Judicial Review: Judicial review shall be governed by the Federal Arbitration Act. 9 U.S.C. §§ 9-11. The decision of the Arbitrator may be entered and enforced as a final judgment in any court of competent jurisdiction.

(K) Arbitration Fees and Costs: You and Company shall follow applicable law and the AAA Rules applicable to initial filing fees. To the extent that Company initiates arbitration, Company will be responsible for the filing and initial appearance fees. To the extent that you initiate arbitration, you will be responsible for the lesser of the applicable AAA filing fee or the filing or initial appearance fee applicable to court actions in the jurisdiction where the arbitration will be conducted. Company will pay any remaining portion of the initial fee and also will pay all costs and expenses unique to arbitration, including without limitation the Arbitrator’s fees. The Arbitrator shall determine all factual and legal issues regarding the payment and/or apportionment of said fees and costs. Each party shall pay for its own costs and attorney’s fees, if any. However, if applicable law would entitle a party to an award of reasonable attorney’s fees, or if there is a written agreement providing for attorney’s fees, the Arbitrator may award such fees as provided by law. In the event applicable law requires a different allocation of arbitral fees and costs in order for this Agreement to be enforceable, then such law shall be followed.

(L) Interstate Commerce: You understand and agree that Company is engaged in transactions involving interstate commerce and that the Federal Arbitration Act therefore governs this Agreement.

(M) Sanctions: To the extent allowed by applicable law and if the claim(s) or counterclaim(s) brought by either party in arbitration allow for imposition of sanctions, the Arbitrator may award either party its reasonable attorneys’ fees and costs, including reasonable expenses associated with production of witnesses or proof, upon a finding that the claim or counterclaim was frivolous or brought solely to harass you or Company.

(N) Sole and Entire Agreement: This is the complete Agreement of the parties on the subject of arbitration of claims or disputes covered by this Agreement. This Agreement to arbitrate shall survive the termination of any Consumer Contract you entered into with Company. Unless this Agreement in its entirety is deemed void, unenforceable, or invalid by a court of competent jurisdiction or arbitrator as applicable, this Agreement supersedes any prior or contemporaneous oral or written understandings on the subject. No party is relying on any representations, oral or written, on the subject of the effect, enforceability, or meaning of this Agreement, except as specifically set forth in this Agreement.

(O) Construction: Subject to the Class Action Waiver above, if any provision of this Agreement is adjudged to be void or voidable or otherwise unenforceable, in whole or in part, such provision shall be severed from this Agreement, and the adjudication shall not affect the validity of the remainder of the Agreement. All remaining provisions shall remain in full force and effect. A waiver of one or more provisions of this Agreement by any party shall not be a waiver of the entire Agreement

(P) Consideration: The mutual obligations by you and Company to arbitrate differences provide consideration for each other.

ACKNOWLEDGEMENT

BY USING COMPANY’S SERVICES OR PROVIDING YOUR TELEPHONE NUMBER OR CONTACT INFORMATION TO COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE ARBITRATION AGREEMENT CAREFULLY AND YOU ARE ENTERING INTO THIS ARBITRATION AGREEMENT VOLUNTARILY.

END OF AGREEMENT

Acima respects your right to privacy. You can view our privacy policy here: https://www.acima.com/privacypolicy.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY COMPANY

Last Updated: January 1, 2023

Your privacy is important to us at Acima Digital, LLC. ("Acima Leasing,","Company,"we,"us,"or "our"), and we are committed to safeguarding, preserving, and respecting your privacy rights. If you are a California resident, you have certain rights with respect to the collection, use, transfer, and processing of your personal information, as defined by the California Consumer Privacy Act ("CCPA"), Cal. Civ. Code § 1798.100 et seq., as amended by the California Privacy Rights Act ("CRPA") and implementing regulations.

This California Privacy Policy ("Policy") describes how we collect, use, share, disclose, retain, and secure the personal information we gather about you through our website, https://www.acima.com/ (the "Site"), our online services, and when you interact with us as a customer or otherwise (collectively, the "Services"). We reserve the right to limit these rights where permitted under applicable law, including where your identity cannot be reasonably verified or to the extent your rights adversely affect the rights and freedoms of others.

What Information Do We Collect?

The below examples are illustrative examples from the CCPA and do not reflect the specific pieces of information we collect.

In the previous 12 months, we have collected the following categories of personal information:

Sources from Which Personal Information Is Collected

We collect your personal information directly from you, from your interaction with the Site, from publicly available sources, and from third parties, which collect the personal information directly from you. We may collect information from—or share information with—our partners such as market research firms and our affiliates, subsidiaries, joint ventures, or other companies under common control. We may combine that information with other information we collect about you. Furthermore, all information gathered about you by the Company may be shared with any of the Company's current or future subsidiaries or affiliates.

Business or Commercial Purposes for Which Personal Information Is Collected

Your personal information is used for the following purposes:

• To present our Services and its contents in a suitable and effective manner for you and your device;
• To contact you to provide you with information or services that you request from us;
• To advertise opportunities, services, or special events that we think may be of interest to you;
• To measure the effectiveness of our marketing campaigns;
• To provide customer support, troubleshoot issues, manage accounts, and respond to requests, questions, or comments
• To carry out our obligations and enforce our rights arising from any contracts
• To notify you about any additions, upgrades, or changes in our services

Third Parties with Whom Personal Information Is Disclosed, Shared, or Sold

In the preceding 12 months, we have disclosed the following personal information about consumers for business purposes:

• We disclose personal information in categories A (identifiers), B (personal), C (protected class), D (commercial), F (internet), G (geolocation), and K (inferences) with service providers.
• We disclose content posted on our social media platforms (e.g., if a consumer "comments" on a story) with other consumers. Such posts may include personal information in categories A and B, but the content depends on the individual posts.
• We disclose all of our information, including your Personal Information, with our subsidiaries and affiliates in connection with providing the Services to you.

In the preceding 12 months, we have shared for cross-contextual advertising the following the personal information about consumers:

• We have shared personal information in categories A (identifiers), B (personal), D (commercial), F (internet), G (geolocation), and K (inferences) to third parties so that they can market products, information, campaigns, or services to you.

Our use of cookies and other tracking technologies may be considered a sale of personal information under the CCPA. Categories of personal information that we have sold under the CCPA include identifiers (e.g., IP addresses), commercial information (e.g., purchase history), and Internet or other similar network activity. Categories of third parties to whom personal information is sold under the CCPA include data analytics providers and advertising and marketing providers.

You can opt out of our tracking technologies for analytics and advertising service providers by clicking the Do Not Sell My Personal Information link or by broadcasting the GPC signal during your browsing session. Please note that your use of our websites may still be tracked by the Company and its service providers.

In the Preceding twelve (12) months, the Company has used or disclosed Sensitive Personal Information for purposes other than those specified under the CCPA Regulation 7027(m). Specifically, we may sell or otherwise disclose information regarding your transactions with us, including your Social Security number, to financial services partners so that they can determine your eligibility for their products or services, and market such products or services to you.

In the preceding twelve (12) months, the Company has not knowingly collected, sold, or shared personal information of consumers under sixteen (16) years of age.

Individual Rights

1. Right to Know About Personal Information Collected, Disclosed, Shared, or Sold
2. 
3. You have the right to request that we disclose the personal information we collect, use, and disclose about you to third parties. There are two types of Rights to Know requests that you can make:
4. Right to Know (Abbreviated Request): If you make a Right to Know (Abbreviated Request), you will receive the following information about you:
5. Categories of personal information collected, sold, or shared;
6. Categories of sources from which personal information is collected;
7. Categories of third parties to whom the information is sold, shared or disclosed;
8. Business or commercial purpose for collecting, sharing, or selling personal information
9. Categories of personal information disclosed for a business purpose and categories of persons to whom it was disclosed for a business purpose.
10. Right to Know (Specific Pieces of Information Request): If you make a Right to Know (Specific Pieces of Information Request), you will receive the following information about you:
11. Specific pieces of personal information collected about you.
12. This information will be provided to you free of charge, unless we determine that your request is manifestly unfounded or excessive. You may request this information twice in a 12-month period.
13. There are certain exceptions to a consumer's Right to Know. We will state in our response if an exception applies.
14. Right of Deletion
15. You have the right to request that we and our service providers delete any personal information about you that we have collected from you upon receipt of a verifiable request. This right is subject to certain exceptions. We will state in our response if an exception applies.
16. Right to Opt-Out of the Sale or Sharing of Personal Information
17. You have the right to opt-out of the sale or sharing of your personal information by a business subject tocertain laws and regulations.
18. We recognize the Global Privacy Control. Your browser must be able to support the Global Privacy Control for us to recognize your opt-out preference signal.
19. Please note that opt-out choices may be stored via cookies. If you clear cookies, if your browser blocks cookies, or if you view the page from a different browser or device, your opt-out choice may no longer be logged or recognized.
20. For more information, please visit our Do Not Sell or Share My Information page.
21. Right to Non-Discrimination
22. You have the right not to receive discriminatory treatment for exercising the privacy rights conferred by California law. We will not discriminate against you because you exercised any of your privacy rights, including, but not limited to, by: denying goods or services to you; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level of quality of goods or services to you; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services. We will also not retaliate against any employee, applicant for employment, or independent contractor for exercising their rights under the CCPA.
23. Right of Correction
24. If we maintain inaccurate personal information about you, then you have the right to request that we correct the inaccurate personal information upon receipt of a verifiable request. Taking into account the nature of the personal information and purposes of processing the personal information, you have the right to request that we correct inaccurate personal information about you, if applicable.
25. Right to Limit Use and Disclosure of Sensitive Personal Information
26. If we collect Sensitive Personal Information (as defined in Cal. Civ. Code § 1798.140(ae) (effective Jan. 1, 2023)) about you with the purpose of inferring characteristics about you, then you have the right to request that we limit the use of such information to the use which is necessary to perform the services we offer or for other permitted purposes under Cal. Civ. Code § 1798.121 (effective Jan. 1, 2023) upon receipt of verifiable request.
27. Submitting Requests
28. You can submit your request by visiting our Privacy Portal at: https://acimaprivacy.truyo.com/consumer/index or by toll-free phone at (801) 297-1982.
29. Owners and employees of independent host retailers ("Retailers") can submit a request by visiting our Retailer Privacy Portal at https://privacy.acima.com or by toll-free phone at (801) 297-1982.
30. Verifying Requests
31. To ensure the protection of your personal information, we must verify that the individual submitting a request to know, request to delete, or request to correct is the consumer to whom the request relates prior to processing the request. To verify a California consumer's identity, we may request up to three pieces of personal information about you when you make a request to compare against our records. We may also request that you sign a declaration under the penalty of perjury from the consumer whose personal information is the subject of the request.
32. Making a verifiable consumer request does not require you to create an account with us.
33. We will only use personal information provided in your request to verify your identity and will delete any information you provide after processing the request. We reserve the right to take additional steps as necessary to verify the identity of California consumers where we have reason to believe a request is fraudulent.
34. Authorized Agents
35. You may choose a person or a business registered with the California Secretary of State that you authorize to act on your behalf to submit your requests ("Authorized Agent"). If you choose to use an Authorized Agent, we require that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with us. Failure to do so may result in us denying your request.
36. Contact Us
37. If you have any questions about this Privacy Policy, please contact us by email at legal@acima.com.