Terms of Service
Online Website Agreement and Authorization for Payments (the "Agreement")You are accessing The Stark Collection Agency’s (“Stark”) online payment portal (the "Service").
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions below. If you do not accept the terms and conditions of this Agreement, you may not access or use the Service. Stark may modify this Agreement from time to time, and such modifications shall be effective immediately upon posting of the modified Agreement. By continuing to access or use the Service following such modifications, you agree to be bound by the modified Agreement. Stark has no obligation to notify users of the posting of a modified Agreement.Debt Collection Notice: The Stark Collection Agency is a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.Account. By accessing the Service, you acknowledge that you are responsible for one or more accounts placed for collection with Stark by Everwise Credit Union. If you have more than one account, you may be required to create more than one username and password. Your username is created by you when you log in for the first time. You acknowledge and agree that the accounts under your username and password may not represent all the accounts with Stark.Payment Services. By accessing the Service, you authorize Stark 1) to establish and maintain your payment authorizations and (2) to process your payments according to your instructions.Types of Payments and Who you are Paying. You may use the Service only to authorize the payment of account(s) placed with Stark. Payments that you authorize will be made from a bank or financial institution account, including, by credit or debit card, (the "Transaction Account") that you designate. It is your responsibility to establish and maintain the Transaction Account and to pay any and all fees associated with the Transaction Account. By accessing the Service, you represent that you have the authority to authorize Stark to take the payments from the Transaction Account according to the terms of this Agreement.Electronic Funds Transfers. You may authorize one-time on one or more of your accounts. By using the Service and selecting the "Submit Payment" button, you are authorizing Stark to complete an electronic funds transfer from the bank or financial institution maintaining the Transaction Account. You may print a copy of your authorization after your payment is submitted. You may request a copy of your authorization by contacting Stark at 574-406-0342.Payment Amount. You may authorize a one-time for the full amount due to Everwise Credit Union for a missed loan payment.Timing. By providing Stark with a payment authorization under the Service, you authorize Stark to charge the Transaction Account to remit funds on your behalf to pay accounts you designate that are placed with Stark. It is your responsibility to make timely payment authorizations, so that the funds will arrive before the date on which they are due if you have a Confirmed Payment Arrangement.Revocation of One-time Payments. In order to revoke or cancel a one-time payment scheduled using the Service, click or tap "Deactivate Schedule" and follow the on-screen process or contact Stark at 574-406-0342, Monday through Friday day 9:00 a.m. to 6:00 p.m (EST) at least three (3) business days ahead of your scheduled payment. You are not permitted to change, revoke or terminate a payment if that payment is in process. A payment is in process on the posting date of the payment. You may have the legal right to revoke electronic payments by contacting the bank where you hold the Transaction Account. Contact your bank to determine the information and time your bank needs to process your revocation.
Fees for Use of the Service. Stark does not charge any monthly or payment transaction fees to use the Service.Account Management Email Address. By accessing the Service and selecting email notifications, you are authorizing Stark to send you emails. Stark will send those emails to the email address you identify in your registration records for the Service ("Account Management Email Address"). If your Account Management Email Address changes or becomes disabled, you will notify us immediately by updating your email address on the "Profile" section of the Service. If you update your Account Management Email Address on the "Profile" page of the Service, that change will take effect within 24 hours. You understand and agree that Stark may send emails to your Account Management Email Address whether or not that address includes a designation for delivery to the attention of any specific person and whether or not anyone other than you is able to access and/or read emails sent to your Account Management Email Address.Email Notifications. Certain email notifications may be available to you as a user of the Service. If available, you may request us to send you an email confirmation ("Confirmation") when you schedule a payment using the Service. When Stark sends you a Confirmation, Stark will use the email address provided when you requested the Confirmation. Stark will send you other email notifications automatically, when applicable.Consent to Contact. I agree to allow Stark to contact me about my account status, including past due or current charges, using prerecorded calls, text messages, email and calls or messages using live, artificial, or prerecorded voices delivered by an automatic telephone dialing system or any other computer-aided technologies to any landline phone, wireless phone number, other contact number or email address I provided or that I obtain in the future and have provided consent for such communications. I further agree that Stark will treat any email address and phone numbers I provide as my private email or phone number that is not accessible by unauthorized third parties. I further agree that Stark may communicate with me via SMS or MMS text messaging on the phone numbers for which I have provided consent and that I have opted in to receiving such messages on these phone numbers. Unless I notify Stark my wireless service is based in a different time zone, calls will be made to my cellular device during permitted calling hours based upon the time zone affiliated with the mobile telephone number I provide.
By opting into Stark’s text messaging list you agree to receive text messages from Stark. Message frequency varies based on the notifications you select. For customer service information, reply HELP to any message we send or to opt out reply STOP. Message and data rates may apply.Copies of Documents. During the period Stark retains documentation of your account, you may request a paper copy of this Agreement or any authorization to make a one-time or recurring payment by calling us at 574-406-0342. We will provide the copies free of charge.Prohibited Conduct. You agree you will not use the Service to conduct any fraudulent or illegal activity; violate any statute, regulation or other legal authority; violate the property or privacy rights of Stark or those of any other person or company; interfere with or obtain unauthorized access to Stark’s computer systems or those of any other person or company; or impersonate the identity of Stark or that of any other person or company.Accuracy of Information. You agree that all information you provide to Stark in connection with the Service is true, correct and complete. You agree not to misrepresent your identity or authority to view information or to schedule any payment using the Service.Protect Your Personal Information. You will keep your username and password and your security questions and answers secret. You will notify Stark immediately if you believe there has been an unauthorized use of your username, password, security questions or the Service. Please tell us by calling 574-406-0342. Stark will not be responsible for any loss or damage you may suffer as a result of someone using your username, password, security questions or the Service whether with or without your permission or knowledge. If you give your username, password, or security questions and answers to someone else or allow someone else to use the Service, you will be responsible for all actions taken by that person including, without limitation, the scheduling of any payments or the updating or removal of any payments scheduled on your account, even if that person exceeds your permission.Responsibility of Stark. Stark will use all reasonable efforts to process all your payment authorizations promptly and properly, provided the authorizations are actually received by Stark. Stark will not be responsible for any failure to process a payment authorization that is not actually and completely received by Stark for any reason, including user error, equipment malfunction, natural disasters or impediments, or inaccurate or incomplete information.
Stark shall incur no liability if it is unable to complete a payment authorization initiated by you because of the existence of any one or more of the following circumstances:
1. The Transaction Account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit applicable to the Transaction Account.
2. You have not provided Stark with correct names or account information.
3. Circumstances beyond Stark's control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper transmission of your payment authorization and Stark has taken reasonable precautions to avoid those circumstances.
4. Stark fails to receive a full and complete payment authorization.
5. You have made any false or materially misleading statement or representation in connection with any payment authorization.
6. The bank or financial institution maintaining the Transaction Account refuses or is unable to honor a payment request from Stark.Bank or Financial Institution Limitations. In using the Service, you are requesting Stark to make payments for you from your designated Transaction Account. If your bank or financial institution is unable to process a transaction (for example, there are not sufficient funds in the Transaction Account to cover the transaction, or if funds in the account are unavailable for any reason), the transaction may not be completed. There may be limits or restrictions upon the number or frequency of payments that may be made from your Transaction Account under applicable law or under the terms of your agreement with the bank or financial institution maintaining the Transaction Account. Stark's obligations under the Service are subject to any such limits or restrictions, and Stark has no duty to notify you of any such limits or restrictions.DISCLAIMER OF WARRANTIES. STARK IS PROVIDING THE SERVICE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. STARK DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.LIMITATION OF LIABILITY. IN NO EVENT SHALL STARK OR ANY LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF STARK OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions prohibit exclusion or limitation of liability for implied warranties or consequential or incidental damages, so the above limitation may not apply to you.Assignment. You may not assign this Agreement to any other party. Stark may assign this Agreement to any directly or indirectly affiliated company. Stark may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.General. This Agreement is governed and shall be construed in accordance with the laws of the State of Wisconsin, excluding its choice of law rules. This Agreement constitutes the entire agreement and supersedes any prior agreements or understandings, oral or written, between Stark and you concerning the Service and may only be amended as provided herein. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.
Privacy Policy
Privacy is important to The Stark Agency. This Privacy Policy covers how The Stark Agency collects, uses, maintains, and discloses personal information.The Stark Agency, Inc. (The Stark Agency) is sensitive to privacy issues. We believe it’s important for you to know how we treat your information we receive via our internet site, www.pay.starkforyou.com, (sometimes referred to as the "Site"), or through other channels. The Stark Agency will not use or disclose any of your information in a manner that is prohibited by applicable laws and regulations.Personal Information We Collect
The Stark Agency has collected the following categories of personal information from individuals within the past twelve (12) months:
• Identifiers, such as real name, alias, unique personal identifier, online identifier, Internet Protocol address, account name, or other similar identifiers.
• Personal information such as, signature, education, employment, employment history, credit card number, or any other financial information.
• Information provided to us by our client when they transfer an account to The Stark Agency could include, but is not limited to, full name, date of birth, social security number, phone number, address, email address, original creditor, current creditor, creditor account number, current balance, and payment history.
• Information collected when you communicate with The Stark Agency directly by phone, email, SMS, web applications, or other channels. For example, when you access The Stark Agency web applications and complete a form or enroll in a payment plan and provide information such as our first and last name, email address, mailing address, phone number, credit card information and/or other personal identifying information.
• Information collected when you accesses The Stark Agency through email or The Stark Agency’s web applications including, but not limited to, Internet Protocol (IP) address, browser type and language, Internet service provider (ISP), type of computer, operating system, date/time stamp, user interface interaction data (such as, but not limited to, any mouse clicks or navigation on our email and web applications), uniform resource locator (URL) information (showing where you came from or where you will go to next), email open rates, credit card information, and bank account information.
• Other information collect may include, but not limited to, geolocation data and sensory data, such as call recordings; and professional (or employment) related information.
• Inferences drawn from any of the information identified to create a profile about a consumer reflecting the consumer’s preferences, characteristics, behaviors, attitudes, abilities, and aptitudes, including employee assessments for retention purposes, and consumer ability to pay. The Sites are not designed for or intended for the use of persons under the age of 18. It is our policy that visitors to our Sites who are under the age of 18, should not post on or provide information to our Sites without the consent of their parent or guardian.Using Personal Information
We, or our service providers, may use the personal information you provide for any of the following purposes: (1) to understand the use of our Sites; (2) to make improvements; (3) to respond to specific requests from visitors; (4) to provide any necessary notices to our visitors or their parent or guardian, where necessary; (5) to protect the security or integrity of our Sites when necessary; (6) to send you communications regarding the Sites or our business; (7) to process payments and other authorized account activity; (8) to evaluate your candidacy and contact you, if you apply for a job at The Stark Agency; or (9) to verify your identity. For example, when you contact The Stark Agency, you will be asked to provide your personal information so that we can verify your identity. You can refuse to supply personal information; however, we then may not be able to communicate with you if we are unable to verify your identity.Stark’s Sites use Google pixel tags. Pixel tags can help us to understand how users interact with the site to improve the user experience. Pixel tags can also help us understand the users of our Sites so that we may better understand how users arrived at pages on the Sites to help improve the user experience. If you prefer not to be tracked in this way, you should not use our Sites.Stark’s sites use Google Signals tags. This allows Google Analytics to collect visitation information and associate it with Google’s information from accounts of signed-in users who have consented to this association for the purpose of ads personalization. You may access and change these settings in your Google account at https://myactivity.google.com/.In some of our emails we may use pixel tags. Depending on your email provider, pixel tags can enable us to tell when the email has been opened. If you prefer not to be tracked in this way, you should not open our emails. In some of our email messages, we use a “click-through URL” linked to webpages on the Sites and some linked to web pages on third party sites (see Third Party Websites below). We track this click-through data to ensure you can access information in the electronic form and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.The Stark Agency’s web applications may also use cookies to gather information so that we can improve the effectiveness of our services. You may choose to refuse non-necessary cookies, but some parts of the website may not function properly without accepting cookies.Sources of Personal Information
We receive your personal information from the party placing your account with The Stark Agency for services. We also receive information from you directly either through a phone call, text message, email correspondence and/or through visits to our web applications. We also sometimes receive information from third party vendors who help us confirm the validity of our information as it relates to address, phone number, bankruptcy, and deceased information. If you are a potential candidate for employment with The Stark Agency, we may have received your personal information from a recruiter or external website.Disclosure to Third Parties
We will not share your personal information with others, except as indicated below. We do not allow any personal information to be used by third parties for their own marketing purposes. However, in some circumstances we may need to provide personal information to third parties in order to provide you services or when necessary for our vendors to provide services to us. The following third parties may use your personal information:
• The Stark Agency’s clients
• Service providers including, but not limited to, payment processing, mailing, information verification, litigation, managing and enhancing customer data, and improving our product and services
• Consumer reporting agencies (a/k/a credit bureaus)
• Law enforcement or judicial authorities pursuant to a court order, subpoena, or to cooperate with a law enforcement investigation
• Local, state or federal government authority or court when required by law
• A consumer or third party in connection with the collection of a debt when permitted by law
• Third parties with whom you authorize us to share your information
Some circumstances where third parties may use personal information include: for payment processing, credit card or bank information is sent to the card-issuing bank to complete the payment you authorized; for content delivery, your email address, physical address, or phone number may be provided to the delivery service to deliver any communication, message, or requested account documents; for debt collection licensing, account information may be sent to state regulators conducting an audit pursuant to state or federal licensing statutes.When we provide information to third parties, we require them to handle it in accordance with relevant laws. We also only provide the minimum amount of information necessary for the third party to assist us in providing our services.We may provide generic aggregated demographic information not linked to any personally identifiable information to our clients, potential clients, and federal, state, and local regulators regarding visitors and users, and their interaction with our products and services.No Sale
We do not sell personally identifiable information. Do Not Track (DNT) We do not track our customers over time and across third party websites to provide targeted advertising and therefore do not respond to DNT signals. We do not sell your information about your visit with third parties.Consent to Communicate
Consent to communicate with you using text messaging, phone calls, email and any other communication methods is not shared any third parties or outside companiesRetention of Personal Information
We will retain your personal information in accordance with internal and regulatory requirements to fulfill our services, meet our contractual obligations, and to satisfy legal requirements.How to update your records
It is your responsibility to provide us with a true, accurate and complete email address and other contact information, and to promptly provide us with any updates to your contact information. You may provide updated contact information to us by calling: 574-406-0342 or emailing us at: [email protected]How we protect your information
We have security measures in place to guard against the loss, misuse, and alteration of the information under our control. If for some reason The Stark Agency discovers that non-public personal information is the subject of a data security breach, we will comply with applicable laws and regulations to notify you of such a data security breach.Third Party Websites
The Sites may contain links to other sites of third parties. We are not responsible for the content or privacy practices of those other sites. By including a link to a third-party site, we do not endorse or recommend any products or services offered or information contained at the third-party site. We are not responsible for the content or privacy practices of those other sites. Such third party may have a privacy policy different from that of ours and the third-party site may provide less security protection than our Sites. If you decide to visit a third-party site via a link contained on our Sites, you do so at your risk.How we delete
We are required to keep your data due to the underlying contractual relationship between you and the creditor. We are also required to keep the personal information for legal reasons for as long as the statute of limitations period lasts for the type of account in collections and for other statutory obligations which sometimes are longer (such as a state licensing statute requiring us to maintain records for a certain period or the statute of limitations for a consumer financial law).Contacting Us
Consumers with questions about our privacy policy or practices may contact us toll free at: 574-406-0342 or by email at: [email protected].California Consumer Privacy Act
Under the California Consumer Privacy Act (CCPA), California residents may have the right to:
· Request that a business delete any personal information about the consumer which the business has collected via the Sites and other channels.
· Request that a business that collects personal information about the consumer disclose to the consumer, free of charge, the following:
· The categories of personal information that it has collected about that consumer.
· The categories of sources from which the personal information is collected.
· The business or commercial purpose for collecting or selling personal information.
· The categories of third parties with whom the business shares personal information.
· The specific pieces of personal information it has collected about that consumer.
· Request that a business that sells the consumer's personal information, or that discloses it for a business purpose disclose, free of charge, to the consumer
· The categories of personal information that the business collected about the consumer.
· The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.
· The categories of personal information that the business disclosed about the consumer for a business purpose.
· Direct a business that sells personal information about the consumer to third parties not to sell the consumer's personal information.A request may be made by an authorized agent. If a consumer uses an authorized agent to make a request, the consumer must provide written permission for The Stark Agency to respond to the authorized agent. All requests must be verifiable; meaning that there must be enough identification information in the request so that The Stark Agency may confirm that the person making the request is the same person about whom the request concerns. The Stark Agency will verify the request by comparing the identifying information provided in the request with the information in our records. When submitting your request, please include your name, mailing address, date of birth, and the last four digits of your social security number, so that The Stark Agency can verify your identity and respond to your request.All requests for information and to delete will be investigated by The Stark Agency. The Stark Agency will respond to your request or notify you if it cannot verify your request.We believe that the type of services we provide are exempt from coverage under the CCPA. If you are a California resident and want to exercise CCPA rights, please contact us toll free at: 574-406-0342 or by email at: [email protected].We will not discriminate against you because you exercise any of the rights as described in this Privacy Policy.