Kennedy Express LLC dba Omech Financial Privacy Policy

About Us and Scope

Kennedy Express LLC dba Omech Financial, along with its affiliates and subsidiaries (referred to collectively as “Omech,” “we,” “us,” or “our”), is dedicated to safeguarding the privacy of Personal Information associated with anyone who visits our websites or utilizes our products and services (collectively referred to as “consumer,” “customer,” “you,” or “your”). “Personal Information” encompasses any details that can identify you as an individual, relate to you as a person, or, when combined with additional information, could serve to identify you. This Privacy Policy (“Privacy Policy”) governs the treatment of Personal Information collected through any site owned and operated by Omech, which includes, but is not limited to, websites operating from the domain omechfinancial.com and any other site on which this Privacy Policy is prominently displayed (collectively referred to as the “Site(s)”). Notably, this Privacy Policy is applicable to Personal Information processed offline as well.

Our Sites are not aimed at or designed for individuals who are under the age of 18. This Privacy Policy outlines our practices and policies regarding the collection, use, disclosure, and processing of your Personal Information gathered through the Site(s) and through other related channels, which may include email, phone communications, SMS messages, and various other forms of communication.

Depending on the specifics of your relationship with us, you may encounter additional websites, platforms, and mobile applications that differ from the Site(s) you use or that are accessible in your jurisdiction. In such instances, there may be supplementary or distinct privacy policies that apply to your particular usage. We strongly encourage you to review the privacy policies available on each Site you utilize, as well as any other relevant privacy policies, notices, or statements provided by us to you.

Information We Collect and How We Use It

We retain your information only for the duration necessary to fulfill the purpose(s) for which you provided it to us or to adhere to relevant laws and contractual obligations. The length of this retention period may vary depending on specific circumstances.

If you access our Site(s) or establish an account with us, either directly or via a merchant partner or a third-party platform, we may gather your information through three primary methods: automatic collection, voluntary provision, and information obtained from third parties.

Use of Cookies

Our Site(s) employ cookies. Cookies are small data files stored by your web browser on your device’s hard drive or temporarily in your device’s memory. They provide information about you, your preferences, or your device. Although the information does not typically identify you directly, cookies enhance your viewing experience and enable us to track statistical data about navigation on our Site(s) and promotions on other platforms. We may also work with third parties that may place and manage internet cookies on your device for the purposes of web analytics. These third-party cookies monitor our Site traffic by tracking user behavior across various websites over time and generating reports that help us better understand our Site users and create targeted audiences for our advertisements based on this analysis.

Web Beacons

Our Site(s) may incorporate electronic images known as “web beacons” (sometimes referred to as single-pixel gifs), which can work in conjunction with cookies to compile aggregated statistics that analyze how our Site(s) are utilized. Web beacons may be embedded in some of our emails to inform us which messages and links have been accessed by recipients. This functionality enables us to assess the effectiveness of our customer communications and marketing strategies.

We engage third parties to gather insights on how you and others navigate our Site(s). For instance, we might ascertain how many users visit a particular page and which links they interact with. This aggregated information is utilized to enhance our understanding and optimize the performance of our Site(s).

Google Analytics

To collect some of the aforementioned information regarding your interaction with the Site and our Services, we utilize a tool known as “Google Analytics.” The data obtained from Google Analytics is instrumental in refining our Services. To facilitate the collection of this information, Google Analytics may place cookies on your browser or mobile device or access existing cookies. Additionally, Google Analytics may receive information from applications you have downloaded that collaborate with Google. The utilization and sharing of information collected by Google Analytics about your engagement with our Services or visits to the Site, as well as to other applications affiliated with Google, are governed by the Google Analytics Terms of Use and the Google Privacy Policy, available at: http://www.google.com/policies/privacy

Social Media Widgets

Our Site incorporates social media features, including those from platforms such as Facebook, LinkedIn, and Twitter. These features may gather information regarding your IP address and the specific page you are visiting on our Site, and they may set cookies to ensure proper functionality. Additionally, these features may provide personalized advertisement content. Your interactions with these features and platforms are subject to the privacy policies of the companies providing them.

Third-Party Services

In order to provide you with a comprehensive range e of services, we may also engage third-party providers for various functions, including credit checks, income verification, and other relevant assessments. These third-party services are essential for ensuring compliance with legal requirements and enhancing the quality of the services we offer. We are committed to maintaining the confidentiality of your Personal Information while using these services, and we encourage you to review the privacy policies of any third-party services that may handle your data.

Information You Provide on a Voluntary Basis

The nature of our relationship with you—encompassing the specific Site(s) you engage with and the products or services you seek—will determine the types of Personal Information we collect from you and how we utilize that information. For instance, the nature and scope of the Personal Information we gather and use will vary based on whether you are in the process of applying for our products or services, are an existing customer benefiting from those products and services, are a casual visitor to our Site(s), are a partner merchant collaborating with us, or are an applicant seeking employment opportunities.

In instances where you furnish us with Personal Information regarding other individuals—such as when you are a merchant partner and provide us with details about your employees or your clientele—we will handle, utilize, and disclose that Personal Information in accordance with the stipulations outlined in this Privacy Policy. It is imperative that you are authorized by the individual(s) in question to share their Personal Information with us, and it becomes your responsibility to inform these individuals about this Privacy Policy before you submit their Personal Information on their behalf.

Information Gathered from Third-Party Sources

We may acquire Personal Information pertaining to you from third-party entities, which may include credit bureaus and identity verification services. Should you apply for an account with us—either directly, through a merchant partner, or via a third-party platform—we may collect consumer reports from consumer reporting agencies about you at the time of your application and periodically throughout the duration of your account. This collection may also occur in relation to any other services that we provide or that you may engage with us to obtain.

Moreover, we may receive information from consumer-oriented companies that gather data from individuals interested in being connected with a lender or another provider of financial products, specifically for the purpose of facilitating consumer financing opportunities.

To verify your identity, certain identity verification services we employ might rely on information obtained from Mobile Network Operators (“MNOs”). By applying for an account with us, you are granting your wireless carrier or MNO the authority to utilize or disclose information about your account with them and your wireless device, if applicable, to us or our service provider throughout the entirety of your business relationship with us. This disclosure is solely for the purpose of identifying you or your wireless device and is aimed at fraud prevention.

Warranties / Limitations of Liability / Indemnification

THE CONTENT PRESENTED ON OUR SITES IS OFFERED "AS IS," AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY OCCUR IN CONNECTION WITH OUR SITES, OR FROM YOUR USE OF, OR INABILITY TO USE, OUR SITES OR ANY INFORMATION PROVIDED THEREIN; OR IN RELATION TO ANY PERFORMANCE FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR THE DISCLOSURE OF INFORMATION WHEN RESPONDING TO YOU VIA E-MAIL OR OTHER ELECTRONIC MEANS, OR RECEIVING EMAILS FROM YOU; EVEN IF WE HAVE BEEN INFORMED OF THE POTENTIAL FOR SUCH DAMAGES, LOSSES, OR EXPENSES. Please be aware that certain jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages; in such cases, our liability is restricted to the maximum extent allowed by law.

WE ACCEPT NO RESPONSIBILITY AND SHALL NOT BE HELD LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OUR SITES, THE INTERNET, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITES OR THE INTERNET. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE MATERIALS DISPLAYED ON OUR SITES WILL NOT VIOLATE THE RIGHTS OF THIRD PARTIES THAT ARE NOT OWNED BY OR AFFILIATED WITH US.

You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by us in connection with any claims made by third parties (including any claims related to intellectual property) that arise out of your access to or use of our Sites in violation of these Terms or any applicable laws. You also agree to fully cooperate in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any such claim or matter without our written consent.

Collecting and Processing Your Personal Information

The Personal Information we collect from you may encompass a variety of categories, including but not limited to:

Contact Information: This may include your first and last names, title, the name of your company, email address, phone number, physical location, and postal address. Identification Numbers: Such as your Social Security Number, driver's license number, passport number, taxpayer identification number, and date of birth. Authentication and Access Information: This includes your username, online identifiers, internet passwords, account numbers, other similar identifiers, and relevant security information. Personal Identifiers: This may consist of your signature, state identification card number, employment status, work history, professional background, medical information, or health insurance details. Protected Classifications: Characteristics that fall under protected classifications according to relevant state or federal laws. Commercial Data: This includes records of personal property, details of products or services purchased, obtained, or considered, and other purchasing behaviors or tendencies. Internet and Electronic Activity Information: This encompasses browsing history, search history, and data regarding your interactions with websites, applications, or advertisements. Feedback and Communications: Any feedback, inquiries, or other forms of communication you may have about our Site(s) and the products and services we offer. User Preferences: This includes your preferences related to language, date formatting, preferred notification methods, postal codes, and time zones. Geolocation Data: Information that depends on the specific Omech services you utilize, or your internet protocol (IP) address. Profile Picture: If you voluntarily provide a profile picture. Inferences: Inferences drawn from any of the aforementionedould lead to consequences. information to create a comprehensive profile about you that reflects your preferences, characteristics, psychological tendencies, behaviors, attitudes, intelligence, abilities, and aptitudes. Other Identifiable Information: Any additional information that can identify, relate to, describe, or could reasonably be linked—either directly or indirectly—to you or your household. Legal Requirements: Other information that may be necessary to comply with federal or applicable state laws.

Utilization of Your Personal Information

We may utilize your Personal Information to enter into contractual agreements or for a variety of other business and commercial purposes. For example, we may employ your Personal Information to:

• Deliver Services Through Our Site(s): This encompasses such as maintaining and servicing your accounts, processing or fulfilling your orders and transactions, verifying customer information, processing payments, and providing financing or leasing options.
• Provide Requested Information: We will send you updates regarding products or services that you have specifically requested from us.
• Address Customer Service Inquiries: We are committed to responding to your customer service inquiries and maintaining ongoing communication regarding your concerns or questions.
• Fulfill Information Requests: We will carry out the purpose for which you initially provided your information, ensuring that we meet your expectations.
• Advance Commercial Interests: This includes actions taken to promote or further your economic interests, such as encouraging you to buy, rent, lease, subscribe to, provide, or exchange products, services, or information. We also facilitate commercial transactions in both direct and indirect ways.
• Offer Tailored Products and Services: We may present you with specific products and services while delivering targeted marketing and promotional offers based on your stated communication preferences. Furthermore, we might combine the information we collect from you with data obtained from other companies to enhance and personalize our services, content, and advertising efforts.

Pursuit of Legitimate Business Interests

We may use your Personal Information to further our legitimate business interests, which include:

Enhancing Our Site(s) and Operations: This involves making continual improvements to our Site(s), internal operations, security measures, and the products and services we offer to better serve our customers and improve their experience. Detecting and Preventing Security Incidents: Your Personal Information will be utilized to identify security incidents, protect against malicious, deceptive, fraudulent, or illegal activities, and take action against those responsible for such actions. Verifying User Identities: We employ your information to confirm your identity during transactions and interactions. Conducting Audit Activities: This includes auditing our current interactions with you and concurrent transactions. Activities might involve counting ad impressions to unique visitors, verifying the positioning and quality of ad impressions, and auditing compliance with this policy and other relevant standards. Conducting Research and Development: We may engage in research and analysis for technological advancements and product development demonstrations, ensuring our services evolve with your needs. Monitoring Interactions for Improvement: Utilizing “session replay” technology, we may monitor and record your online interactions and/or telephone conversations with us periodically to enhance your experience with our services.

Obtaining Your Consent

In certain situations, we will seek your explicit consent to process your Personal Information for purposes such as sending you marketing or promotional materials, as mandated by law. You retain the right to withdraw your consent at any time, which can be done by opting out of such communications. However, please note that this withdrawal will not affect any information that was processed and/or stored prior to your withdrawal, unless legally required.

Compliance with Legal Obligations

We may also process your Personal Information as permitted by law or when necessary to comply with our legal obligations. This includes using your information for the establishment, exercise, or defense of legal claims.

Sharing Your Personal Information

Rest assured, we prioritize the confidentiality of your Personal Information, and we will only share it with others to fulfill the purposes outlined above.

Internal Disclosures

Your Personal Information may be shared internally, on a confidential basis, with specific departments and staff members (including those in our affiliates or subsidiaries) who are responsible for the relevant use or processing activity and who require access to fulfill their responsibilities.

Disclosures to Third Parties

We may disclose your Personal Information to third-party service providers as described in this Privacy Policy, our Privacy Notice (if applicable), and the Privacy Notice of our partner, FinWise Bank (if applicable). A list of categories of third-party service providers that may receive your information includes:

Service providers assisting us in performing functions on our Site(s) and providing you with services, such as Google Analytics. Insurance providers or reinsurers Auditors and other advisors. Credit referencing agencies, debt collection services, and fraud prevention organizations. IT service providers, including those responsible for IT maintenance, cloud services, and hosting. Marketing and advertising firms that disseminate information about our products and services. Regulatory bodies and relevant governmental agencies. Selected third parties involved in any sale, transfer, or disposal of our business. Any other individual or entity necessary to fulfill a contract with you including those merchants whose services you utilize protect ourselves from risk, or ensure compliance with regulatory requirements and sound governance practices.

Legal Disclosures

We may disclose your Personal Information as required by law, such as in response to a subpoena or similar legal requests, when we believe that such disclosure is necessary to protect our rights, safeguard your safety or the safety of others, investigate fraudulent activities, or respond to government inquiries.

Sharing Information with Merchant Partners

We may share your information with merchants you engage with while utilizing our services for a variety of reasons, such as for returns, deliveries, or marketing and promotional efforts, provided you give your consent or as allowed by law. By establishing an account with us, you consent to the sharing of your information with merchants that utilize our services, allowing them to market to you. We undertake this practice to help merchants personalize their services and offers, thereby enhancing your overall experience. You have the right to revoke your consent at any time by following the steps provided below. Upon revocation, we will cease sharing your information with merchants from that point onward, except as necessary to complete transactions you initiate. To withdraw your consent for information sharing with merchants for marketing purposes, please contact us at support@omechfinancial.com.

Transmitting Your Personal Information Externally

Please note that information collected through our Site(s) may be transferred within, stored in, and/or processed in the United States, Baja, Jamaica, India, and/or the Dominican Republic, where our servers are located and where our information systems operate, or where our affiliates or third-party service providers are situated. We only share your information in order to fulfill the specific purposes for which you provided it (as listed above). Our internal staff strictly adhere to policies designed to protect your information and ensure it does not fall into unauthorized hands. Similarly, our service providers are bound by contractual agreements, which include restrictions on how they can handle the information we provide and mandates regarding the security measures they must implement and maintain to safeguard your information from unauthorized use or access.

Sale of Personal Information

We do not sell your Personal Information, and we will not engage in the sale of such information unless we provide you with prior notice and the opportunity to opt out of such sales.

Third-Party Sites

For your convenience, our website(s) may include links either embedded or otherwise—to websites, online services, or mobile applications that are managed by third parties (hereinafter referred to as “Third-Party Sites”). It is important to note that these Third-Party Sites operate independently from our own site(s). We do not assume any responsibility for the content, security measures, or privacy policies of any Third-Party Sites. We strongly encourage you to review the specific privacy policies of these Third-Party Sites to understand how they collect, safeguard, store, utilize, or otherwise process your personal information.

Do Not Track Disclosure

The term “Do Not Track” refers to a preference that you may be able to set within your web browser (if supported) to opt out of online behavioral tracking. Please be advised that we do not take any action in response to “Do Not Track” requests received from the web browsing software utilized by our users.

Security and Retention of Your Personal Information

We take the protection of your personal information very seriously. We have established appropriate technical and organizational security measures and procedures aimed at safeguarding against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your personal information. However, it is essential to understand that no method of transmission over the Internet or electronic storage technology can be deemed 100% secure. Therefore, while we strive to employ commercially acceptable methods to protect your personal information, we cannot guarantee absolute security. Should you have any reason to believe that your interactions with us are no longer secure—such as feeling that the security of any account you may hold with us has been compromised—please do not hesitate to notify us of the issue immediately using the contact information provided in the section titled “Our Contact Information.”

Please be aware that there may be certain situations in which we are unable to comply with your request; for example, if fulfilling it would impede our ability to adhere to our legal or regulatory obligations or if an exemption under applicable law is applicable to the specific circumstances. In these cases, we will communicate with you to explain why we cannot comply with your request.

‘Opt Out’ from Marketing

You have the power to control the extent to which we engage in marketing efforts directed at you, and you can request that we cease sending you marketing communications at any time. You may do this by clicking the “unsubscribe” link in any marketing email that we send to you, or by reaching out to us using the contact information provided below. It is important to note that even if you opt out of receiving marketing communications, we may still send you service-related and administrative messages from which you cannot opt out unless you decide to stop doing business with us.

Children’s Use of the Site(s)

Our website(s) are not directed towards, nor intended for use by, children. We do not intentionally seek or knowingly collect personal information from individuals who are under the age of 13. If you believe that a child under the age of 13 has provided us with personal information through our website(s), please contact us at support@omechfinancial.com, and we will make every effort to delete that information from our databases. For more information, please visit the Federal Trade Commission’s website to learn about the Children’s Online Privacy Protection Act (COPPA).

California Shine the Light

Residents of the State of California possess the right to request information from Kennedy Express LLC dba Omech Financial regarding other companies to whom we have disclosed certain categories of information in the past year for the purpose of those companies’ direct marketing initiatives. If you are a resident of California and would like to make such a request, please contact us by emailing support@omechfinancial.com.

Contact Information

For any inquiries related to this Privacy Policy, how to exercise your rights, or to ask about our practices regarding the collection, use, disclosure, and processing of your personal information, please reach out to us using the contact information provided below:

Kennedy Express LLC dba Omech Financial

Attn: Legal Department

9800 S Roberts Rd, Ste 104 Palos Hills, IL 60465

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time at our sole discretion. As we may update our Privacy Policy periodically, we recommend that you check the current version of this Privacy Policy from time to time. If we make any changes to this Privacy Policy, we will update the “Effective Date” located at the top. By continuing to use our website(s) or by providing us with information after we have posted any updates to this Privacy Policy, you consent to the revised Privacy Policy and the practices described therein.

How We Work With Our Merchant Partners

Occasionally, we may provide incentives to employees of our merchant partners to enhance awareness of our product offerings. Before you apply for any product, we encourage you to ask your salesperson whether you qualify for any additional credit or lease offers. If that is the case, we urge you to take a moment to consider those options and make an informed decision. If this product aligns with your needs, we sincerely hope you enjoy the value and flexibility it offers. We are here to assist you.