Privacy Policy

July 2, 2015

This Privacy Policy is provided by SmartPay Leasing, LLC. (“SmartPay”) and operates the SmartPay service, which purchases equipment, such as smartphones, and provides it to customers on a lease-to-own basis. In this policy, SmartPay may be referred to as “we,” “us” or “our.”

This Privacy Policy is provided by SmartPay Leasing, LLC. (“we,” “us” or “our”).

This privacy statement describes how our website and the mobile versions of the website (collectively, the “Websites”), as well as our mobile application downloadable software (the “Mobile App”), collect and use information. Additional terms and conditions governing the collection, handling, and use of information we collect from and about our leaseholders is described in the SmartPay lease contract.

If you have questions or concerns regarding this statement, you should first contact SmartPay’s Privacy Officer at .

Unless we define capitalized terms in this Privacy Policy, they have the same meaning as those terms in our Websites’ Terms of Use. Please read this Privacy Policy carefully and keep it for your records.

Our Commitment

Protecting the privacy of the nonpublic personal information (“Information”) you share with us is one of our top priorities. We value your trust and want you to understand what information we collect, how we keep it safe, and how we use it.

This Privacy Policy includes examples of the types of Information we collect and the kind of companies with which we may share such information. We give you these examples to help you understand our Privacy Policy. The examples do not represent a complete listing of our Information collection, use and sharing practices; and, as noted above, there are additional privacy policy terms that apply to our relationship with our SmartPay leaseholders.

Please note that this Privacy Policy does not govern retailers or telecommunications carriers to whom you may provide additional information when signing up for telephone service. For example, if you use the SmartPay service to lease a smartphone at a retail store and provide additional information to the retail store to sign up for telephone service that works with your leased smartphone, the information you provide to the retail store to sign up for the telephone service will be governed by the retailer’s and mobile telephone carrier’s privacy policy, and not this privacy policy.

In order to enable you to learn about our products and services, apply for their use, and enable us to decide your eligibility for them, we may collect the following types of Information about you from the following sources:

  • Information we receive from you or about you during the application process and on forms, such as your name, address, telephone number, email address, employment status, and account credentials.
  • Information about your past and contemplated future transactions with us, such as equipment leased, services bundled with the leased equipment, payment history, and where and when you lease the equipment.
  • Information from third party providers of identification, authentication, and decisioning support services.
  • Information we gather about your bank account if, with your permission, we use that to assess your eligibility for a SmartPay lease. This information may include your bank account routing number, checking account number, Bank user ID and passcode.
  • Information related to your use of the Websites, as is further described below.
  • Information contained on or related to your mobile device, including first and last name, email addresses, phone numbers, location, and details about your mobile devices that are running the Mobile Application, including manufacturer, model, operating system and version.
  • Device identifiers, which are small data files or similar data structures stored on or associated with your mobile device that enable it to be uniquely identified. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by us. We may use this information to provide you with location-based services, including fraud detection and local tax calculation. A device identifier may deliver information to us or to a third party partner about how you browse and use our services. Some features of our service may not function properly if use or availability of device identifiers is impaired or disabled.
  • Information related to your use of our Mobile App.
  • Information you provide to our customer support team and your results when you respond to a survey. Additionally, for quality and training purposes or for its own compliance purposes, SmartPay may monitor or record its telephone conversations with you or anyone acting on your behalf. By communicating with SmartPay, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning.
  • Information you may choose to provide us through permitting our access to your personal information stored by third parties, such as social media sites (e.g., Facebook and Twitter). The information we may receive from third parties varies by site and is controlled by such third parties. By associating an account managed by a third party with your SmartPay account and authorizing SmartPay to have access to this information, you agree that SmartPay may collect, store and use this information in accordance with this Privacy Policy.
  • Information we may collect about you and our interactions with you in order to help protect you from fraud and misuse of your personal information, including a possible evaluation of your computer, mobile phone or other access device to identify any malicious software or activity.

Communications from Us

We will send you email and text messages related to using the SmartPay Service Service, as well as communications to your mobile device through the Mobile Application. If you apply for a SmartPay lease, we will send you email and text messages to tell you whether the application is complete, if the application is declined or approved, and offers related to SmartPay leasing.

Customers who commence a SmartPay lease may receive email, text, and Mobile App messages about their lease, including, but not limited to, invitations to sign up on the SmartPay website, and notices when a lease payment is due or scheduled or made, when certain legal notices are required by state law, when a return is made, when a lease payment is overdue, when a lease funding source needs to be changed, and when a chargeback on a lease payment occurs. We will also send you SmartPay-related email, text, and Mobile App messages on occasion and notifications prior to electronic billing.

Generally, you may not opt-out of these communications, which are not promotional in nature, prior to closing your account. You may close your account by paying any outstanding lease payments and returning the leased equipment to us or buying out the lease. If you wish to cease receiving our calls and messages at a particular telephone number, please contact us by email at or by phone at 1-800-374-5587 and let us know which telephone number we should cease contacting and how to best reach you thereafter.

Information We May Share and With Whom We May Share Information

We do not share, sell, rent or trade your personal Information with any third party other than as disclosed within this privacy policy.

SmartPay Leasing, LLC. may disclose all the Information described above among companies within its corporate family (subsidiaries, related, and affiliated companies), subcontractors, retailers who offer the SmartPay service in their stores and on their website, lenders and investors who provide us capital to purchase equipment that we lease through the SmartPay service, and data providers who assist us in our decision-making, authentication and underwriting process. In addition, SmartPay Leasing, LLC. may disclose Information under other circumstances such as the following:

  • Disclosures Permitted by Law. We reserve the right to disclose your Information as required by law and when we believe that such disclosure is necessary to protect our rights (including proving the existence and terms of a lease agreement and payments and the distribution of equipment thereunder) and/or comply with a judicial proceeding, court order, regulatory request, legal process, or payment network request or charge served on us.
  • Agents/Service Providers. We may disclose Information to companies that perform services for us, such as taking customer calls, processing your account, preparing your account statements, processing your payments, providing software or data to us, and helping us collect on monies owed to us. These companies are authorized to use your personal information only as necessary to provide these services to us. We may share Information to answer questions from law enforcement agencies or state and federal regulators, or to respond to a subpoena, or protect against fraud.
  • Accounts Receivable Purchasers and Consultants. In the event that your account with us is delinquent, we may sell the account and the right to collect on the account to a company that specializes in accounts receivable management. In the event of such a sale, we will need to disclose certain information about your account to its purchaser. We may also retain third party accounts receivable companies to assist us in collecting on delinquent accounts. We and third party accounts receivable companies may share certain of your information with third party information service providers in order to facilitate collections.
  • Consumer Reporting Agencies. We may report the status of your account with us to consumer reporting agencies.
  • Business Partners. We may disclose information to carriers with whom we partner and companies that offer other financial products and services that we believe may be of interest to you.
  • Disclosures for Risk Management and Servicing. We may share all of the Information described above with companies that provide account management, risk management, and account servicing for us (including financial companies such as banks and insurers; non-financial companies, such as data providers; and others) or with other financial companies, such as insurers and banks with whom we have a joint marketing or similar agreement.
  • Merger or Acquisition. If SmartPay is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Websites of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
  • Website and Service Analytics. We may use third-party analytics tools to help us measure traffic and usage trends. These tools collect information sent by your computer, mobile device, Mobile App, or by our Websites, including the web pages you visit, add-ons you use, and other information that assists us in improving our service. We collect and use this analytics information with analytics information from other customers in an aggregate manner so that it cannot easily be used to identify any particular individual User.

Information Regarding Former Customers

We share Information about former customers (i.e., those with inactive or closed accounts) only as described in this Privacy Policy.

Do Not Track Notifications

Like most web services, we do not alter our behavior or change our services upon receiving a Do Not Track request.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at . We will make commercially reasonable efforts to honor your request, to the extent that it does not interfere with our use of your information to comply with our legal obligations, resolve disputes, and enforce our agreements.

Our Security Procedures

We limit use of Information about you to those employees, agents or contractors who we believe have a legitimate business purpose to access such Information. We maintain physical, electronic and procedural safeguards that comply with or exceed federal standards to keep information about you safe. We require companies working for us to protect Information and to agree to use it only to provide the services we ask them to perform for us.

The security of your personal information is important to us. When you enter sensitive information (such as credit card number, social security number, and checking account information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet, or method of electronic storage, is 100% secure, therefore we cannot guarantee its absolute security.


A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We may use cookies on the Websites. We do not link the information we store in cookies to any personally identifiable information you submit while on such websites.

We use both session cookies and persistent cookies to make it easier for you to navigate the Websites. A session cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We use session cookies to keep you logged in while you use the Websites, to better understand how you interact with such websites, to monitor aggregate usage and web traffic information on our services, and to improve our services. We also use persistent cookies to recognize when you return to our Websites.

Most Internet browsers automatically accept cookies. You can change your browser settings to stop accepting cookies or prompt you before accepting cookies from the websites you visit. You can also use your browser settings to delete cookies you already have. Please note that some parts of our services may not work for you if you disable cookies.

Third Party Cookies: The use of cookies by third parties is not covered by our privacy statement. We do not have access or control over these cookies. These third parties use session ID cookies to make it easier for you to navigate our Websites.

Clear Gifs (Web Beacons/Web Bugs)

Our third party analytics partners may employ a software technology called Clear GIFs (also known as Web Beacons or Web Bugs) to help us better manage content on our Websites by informing us what content is effective. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear GIFs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear GIFs to our customers’ personally identifiable information.


As is true of most websites and mobile applications, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser and device type, internet service provider (ISP) and mobile carrier (if applicable), referring/exit pages, Device ID or unique identifier, operating system, date/time stamp, geolocation information, traffic to and from the Websites, and clickstream data. We use this information to analyze trends, administer and secure the site, track users’ movements around the Websites and Mobile App, and to gather demographic information about our user base.

Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or application. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use the Websites an Mobile App, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Websites and Mobile App, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our users in order to help us track which emails are opened and which links are clicked by recipients.

Behavioral Targeting/Retargeting

We partner with a third party ad network to either display advertising on our Websites and Mobile App or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on our Websites and other websites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by emailing our Customer Support at . Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

Updating or Correcting Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update or request the deletion of it by updating your details on our member information page or by emailing our Customer Support at . We will make commercially reasonable efforts to honor your request, to the extent that it does not interfere with our ability to comply with our legal obligations, resolve disputes, and enforce our agreements.

Links to Third Party Sites

Our Websites include links to other web sites whose privacy practices may differ from those of If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any web site you visit.


We display personal testimonials of satisfied customers on our Websites in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at .

Social Media Widgets

Portions of our Websites include Social Media Features, such as the Facebook and Twitter buttons or interactive mini-programs that run on our Websites. These Features may collect your IP address, which page you are visiting on our Websites, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites. Your interactions with these Features are governed by the privacy policy of the third party company providing the Feature.

Changes to This Privacy Policy

If we decide to change our privacy policy, we will email you about the new privacy, and post a link in other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page prior to the changes becoming effective.

Contact SmartPay Leasing, LLC.

Mail: P.O. Box 626, San Francisco, CA 94104-626