Toyota Financial Services
IncomeDriver Notes™ Online Policies and Agreements
(Effective February 2018)
Income Driver Notes Online Services Agreement (applicable to Toyota Financial Services IncomeDriver Notes investors with IncomeDriver Notes Online Services)
You are our investor and have one or more IncomeDriver Notes with us (in the IncomeDriver Notes Online Policies and Agreements, each a "Note," collectively, your "Notes") and are registered or registering for online Note services on the Website. Your online access to your Note and the online Note services we offer on our Website are referred to in the IncomeDriver Notes Online Policies and Agreements as your "IncomeDriver Notes Online Services."
1. Communications Consent. We, our affiliates (other Toyota and Lexus companies), agents and service providers or any assignees of the foregoing (individually and collectively, as applicable in this Communications Consent section, "we" or "our") may call you, leave you a voice, prerecorded or artificial voice message or send you a text including SMS text, Email or other electronic message for any purpose related to your Notes, our products and services, or surveys or research (each a Communication"). We may include your personally identifiable information in a Communication and conduct a Communication using an automated dialing machine and any contact information we have for you, including a cell phone number. We will not charge you for a Communication but your service provider may do so. You understand and agree, we may always communicate with you in any manner permissible by law that does not require your consent.
2. Online Quarterly Statements. Images of your Note quarterly statements are available on our Website as part of your IncomeDriver Notes Online Services. Each time we issue a quarterly statement on your Note, we will add an online statement to the quarterly statements available to you in the-Statements section of the Website until the Website contains 12 statements for your Note. Thereafter, the Statements section of the Website will contain a rolling history of the 12 most recent quarterly statements on your Note.
A current quarterly statement on our Website should reflect our records as of the close of business on the Statement Closing Date. A current quarterly statement on our Website will not reflect debits or credits posted to your Note after the Statement Closing Date for that statement. Any investment credited to your Note, assumes the posting was made with good funds.
3. Suppression of Paper Quarterly Statements. If paper quarterly statements are suppressed on your Note, images of your quarterly statements will be available on our Website as part of your IncomeDriver Notes Online Services, you will not receive your quarterly statements by mail and you will review each online quarterly statement and all disclosures, notices and other materials accompanying your online quarterly statements, promptly upon delivery to our Website as part of your IncomeDriver Notes Online Services. Even if your paper quarterly statements are suppressed, from time to time, we may mail you a paper quarterly statement if required by law, or if we otherwise determine in our sole discretion to mail you a paper quarterly statement. If paper quarterly statements are suppressed on your Note, you may activate paper quarterly statements at any time. Suppression or reactivation of paper billing statements may take up to two (2) months to take effect.
We may terminate suppression of paper quarterly statements on your Note at any time and for any reason, including, without limitation, if you violate the terms of your Note, your IncomeDriver Notes Online Policies and Agreements, you revoke your agreement to the IncomeDriver Notes Online Policies and Agreements or either you or we otherwise terminate your IncomeDriver Notes Online Services in whole or in part.
4. Mobile Access. The IncomeDriver Online Policies and Agreements apply when you access the Website using your mobile phone, smartphone or other mobile device (each a "Mobile Device"). We will not charge you to access the Website using a Mobile Device or to receive Email from us. However, your Mobile Device access service provider may charge you access rates and fees. To access the Website using your Mobile Device, the Website must support your Mobile Device.
5. Marketing Offers on Website. While you are on the Website we may deliver product or service offers to you based on your activity on the Website, and after you login to the Website, based in part on your Note history or other experience with us or our affiliates (other companies in the Toyota and Lexus family of companies).
7. Viewing your Note History. You may view the transaction history for your Note on the Website (the "Notes History"). The Notes History for a Note will reflect all debits and credits initiated for your Note (each a "Transaction"). It can take up to four (4) business days from the date a Transaction is initiated for your Note for that Transaction to appear in your Note History.
8. Emails regarding your Online Note Services. Emails we send you regarding your Note or IncomeDriver Notes Online Services or otherwise related to the products and services we offer may not be encrypted.
Certain Email notifications or alerts are available to you depending on your Online Note Services. If available on our Website, you may request us to send you certain optional Email notifications or alerts. We will send you other mandatory Email notifications or alerts automatically, when applicable. We cannot ensure that Emails will be received including without limitation if third party services fail to transmit Emails.
9. IncomeDriver Note Management Email Address and Notifications. When we send you e-mails related to your Notes, we will send those e-mails to the e-mail address you identify in your registration records for IncomeDriver Notes Online Services (your "Note Management Email Address"). If the Note Management Email Address you designate changes or becomes disabled, you will notify us immediately by updating your Note Management Email address on the Website. If you update your Note Management Email Address on the Website, that change will take effect within 24 hours. You understand and agree we may send e-mails to your Note Management Email Address whether or not that address includes a designation for delivery to the attention of any particular person and whether or not anyone other than you is able to access and/or read e-mails sent to your Note Management Email Address.
Certain Email notifications are available to you as a Note investor. If available on the Website, you may request us to send you certain optional Email notifications. We will send you other mandatory Email notifications automatically, when applicable, including without limitation when an investment you made fails due to insufficient funds or other reason.
We cannot ensure that Emails will be received including without limitation if third party services fail to transmit Emails.
10. Prohibited Conduct. You will not use your IncomeDriver Notes Online Services to: (a) conduct any fraudulent or illegal activity; (b) violate any statute, regulation or other legal authority; (b) violate our patent, trademark, service mark, copyright or other intellectual property rights or those of any other person or company; (c) violate our other property or privacy rights or those of any other person or company; (d) interfere with or obtain unauthorized access to our computer systems or those of any other person or company; (e) impersonate our identity or that of any other person or company.
11. Accuracy of Information. You represent and agree that all information you provide to us in connection with your Note or your IncomeDriver Notes Online Services is true, correct and complete. You agree not to misrepresent (lie about) your identity or your authority to view quarterly statements and other Note information or to make a Note investments or redemptions using the Website.
12. Protect Your Personally Identifiable Information. You will keep your IncomeDriver Notes Online Services Password (your "Password") and any other identifying tokens (your “Tokens”) secret. You will tell us immediately if you believe there has been an unauthorized use of your Password, Tokens Note or IncomeDriver Notes Online Services. Please tell us by calling (844) 464-4673. We will not be responsible for any loss or damage you may suffer as a result of someone using your Password or Tokens, whether with or without your permission or knowledge. If you give your Password or Tokens to someone else or allow someone else to use transact on your Note or to use your IncomeDriver Notes Online Services, you will be responsible for all actions taken by that person, including, without limitation, any new Note investments or redemptions , even if that person exceeds your permission.
13. Stoppage of IncomeDriver Notes Online Services Features and Changes to IncomeDriver Notes Online Services Agreement. The IncomeDriver Notes Online Services Agreement cannot be changed and we do not give up any of our rights under the IncomeDriver Notes Online Services Agreement unless we agree in writing, you accept the change on the Website, or you continue using your IncomeDriver Notes Online Services following notice to you of any changes. We may stop offering any IncomeDriver Notes Online Services feature or change the IncomeDriver Notes Online Services Agreement or any feature of your IncomeDriver Notes Online Services at any time. A change may take the form of an addition or deletion. We will notify you of any change to the IncomeDriver Notes Online Services Agreement or any IncomeDriver Notes Online Services feature or our intent to stop offering an IncomeDriver Notes Online Services feature. We will notify you by one or more of the following means at our sole discretion: we will prompt you to accept by clicking as a condition to your continued use of the Website and/or your IncomeDriver Notes Online Services; we will send notice of the change or stoppage to the mailing address for your IncomeDriver Note or your Note Management Email address; and/or we will post a notice of the change or stoppage on our Website for a period of 30 calendar days. If you use your IncomeDriver Notes Online Services after the effective date of a change or stoppage or you click to accept the change or stoppage, you indicate your agreement to the change or stoppage.
14. Termination of your Online Note Services by Us. We may terminate or suspend your use of any or all of your IncomeDriver Notes Online Services at any time with or without reason and without notice to you.
15. Other Agreements You Have with Us. The IncomeDriver Notes Online Services Agreement will not change any of the terms and conditions of your IncomeDriver Note including any Prospectus related to your IncomeDriver Note. If the IncomeDriver Notes Online Services Agreement contradicts any of the terms of your IncomeDriver Note including those in any Prospectus related to your IncomeDriver Note, the terms of your IncomeDriver Note control.
16. Indemnification. You agree to indemnify and hold us and our agents, officers, employees and affiliates harmless from any and all claims, liabilities, damages, costs and expenses (including, without limits, reasonable attorneys' fees and costs) caused directly or indirectly by or arising directly or indirectly out of your use of your Note or your IncomeDriver Notes Online Services, or your violation of the IncomeDriver Notes Online Policies and Agreements. When you agree to indemnify and hold another person or company harmless, you agree to protect, defend and pay for certain amounts. You will not be responsible for indemnifying us or holding us harmless from any claims, liabilities, damages, costs or expenses caused solely by or solely arising out of the gross negligence or intentional misconduct of us, our agents, officers, employees or affiliates.
17. DISCLAIMER OF WARRANTIES. WE DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING YOUR INCOMEDRIVER NOTES ONLINE SERVICES AND THE INFORMATION PROVIDED OR TO BE PROVIDED THROUGH THOSE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO GUARANTY OR PROMISE THAT YOUR INCOMEDRIVER NOTES ONLINE SERVICES WILL BE UNINTERRUPTED, ON TIME, SECURE OR WITHOUT MISTAKE OR ERROR.
18. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY OR ARISING DIRECTLY OR INDIRECTLY OUT OF THE FOLLOWING EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (a) THE USE OF YOUR INCOMEDRIVER NOTES ONLINE SERVICES; (b) THE FAILURE, INTERRUPTION OR AVAILABILITY OF YOUR INCOMEDRIVER NOTES ONLINE SERVICES; (c) THE TIMELINESS, ACCURACY, COMPLETENESS, MISDELIVERY OR THE FAILURE IN DELIVERY OF ANY SERVICES OR INFORMATION, INCLUDING E-MAILS, AVAILABLE OR TO BE MADE AVAILABLE OR DELIVERED THROUGH OR AS A PART OF YOUR INCOMEDRIVER NOTES ONLINE SERVICES; (d) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY INFORMATION, NOTICES OR OTHER COMMUNICATIONS OF OR RELATED TO YOUR INCOMEDRIVER NOTES ONLINE SERVICES; (e) ANY OTHER MATTER RELATED TO YOUR INCOMEDRIVER NOTES ONLINE SERVICES.
19. Enforceability. If any part of the IncomeDriver Notes Online Services Agreement is not valid, then to the extent possible, that part will be interpreted according to the intent of you and us and the other parts of the IncomeDriver Notes Online Services Agreement will remain valid. IF YOUR STATE OF RESIDENCE DOES NOT PERMIT A LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DISCLAIMERS OF CERTAIN WARRANTIES AS DESCRIBED IN THE INCOMEDRIVER NOTES ONLINE SERVICES AGREEMENT, THEN ALL OR A PORTION OF THOSE SECTIONS MAY NOT APPLY TO YOU.
2. Normal Website Usage and Cookies. You can visit the Website to read product, investment, and company information, or use some of our online tools or features without telling us who you are and without revealing any personally identifiable information. During these types of visits, we collect and store statistical information on an anonymous basis, such as the information about the time and length of your visit, the website you last visited, the pages you request, and the date and time of those requests. We may also collect and store the name of your Internet Service Provider.
3. Clear Gifs (Web Beacons/Web Bugs). Third party tracking utility companies may employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs) on the Website. These clear gifs help us better manage content on the Website 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 may also use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
We do not have access to or control of any third party tracking technologies.
4. Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track users' movements around the Website and to improve our Website usability.
We do not link this automatically-collected data to personally identifiable information.
5. Do Not Track. Some internet browsers offer a "do not track" feature. When enabled, your browser sends a signal to the sites you visit directing the sites not to track your activity. There is no common understanding of how to respond to these signals. Therefore, currently our Website does not respond to "do not track" signals. If you do not wish to be tracked, disabling or deleting cookies may limit some forms of tracking. Disabling or deleting cookies may affect your user experience on our Website including preventing the usage of certain features or functions.
We do not have access to or control over any third party tracking other than that performed by our service providers while acting on our behalf.
6. Collection and Disclosure of Personally Identifiable Information.
a. Service or Promotion Data. There are instances where we request personally identifiable information to provide Website visitors a service or correspondence (e.g., promotions and mailed brochures). This information, such as name, mailing address, e-mail address, or type of request, is collected and stored in a manner appropriate to the nature of the data and used to fulfill your request. If you are our investor, the information may be shared as described below.
b. IncomeDriver Notes Online Application and IncomeDriver Notes Online Services Data. When you submit an online application to open an IncomeDriver Note or you are accessing your IncomeDriver Notes Online Services as defined in the IncomeDriver Notes Online Services Agreement, we collect the following types of personally identifiable information about you:
(i) Information that is required for you to register and log in for your IncomeDriver Notes Online Services or to obtain other services from us regarding your Note, such as your Note number, e-mail address, Social Security Number, and zip code; and
(ii) Information we receive from you on your application for a Note, such as your contact information; and
(iii) Information we receive from you about your transactions with us, or from affiliates (as permitted by law), or others such as Note balances, or Note activity; and
(iv) Identifying information about you needed to link your IncomeDriver Notes Online Services to other products and services you obtain from us or an affiliate when you elect to link those products and services.
c. Investor Data. If you are our investor, we may disclose all of the information that we collect on you and former investors, as described below.
(i) Financial products service providers, such as Toyota Motor Insurance Services, Inc. and Toyota Financial Savings Bank.
(ii) Non-financial companies engaged in the distribution, marketing, and sales of Toyota and Lexus automobiles, such as Toyota Motor Sales U.S.A., Inc., authorized Toyota and Lexus dealerships and other dealerships with which we have a business relationship, independent Toyota and Lexus dealership marketing associations, private Toyota distributors, nonaffiliated third parties calling us for information about your Note as defined in the IncomeDriver Notes Online Services Agreement, and nonaffiliated third parties who may sell your data in aggregate form for automotive marketing purposes.
(iii) Companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements.
d. No Sale of Data. We do not sell the data we collect from you, regardless of whether you are our investor.
e. Disclosure Required by Law. We will share data we collect from or about you as required by law, such as to comply with a subpoena or similar legal process when we believe in good faith that disclosure is necessary or proper.
f. Device Data. We collect the following information about your computer or other device used to access the Website: device platform, device version and other device characteristics and device IP address. We may use the data we collect about your device to help authenticate you when you login, to help ensure you are able to use the Website as intended, to perform analysis on web traffic on an aggregated basis and or to route traffic more efficiently. We do not ask you for, access, or track any location based information from your mobile device at any time.
g. Marketing Offers Delivered on Website. We collect information about your activity on the Website. While you are on the Website, we may deliver product and service offers to you based on this website activity information and after you login to the Website, based in part on your Note history or other experience with us or our affiliates (other companies in the Toyota and Lexus family of companies).
9. Promotional Emails. If you wish to unsubscribe from any promotional Email that we may send to you, please follow the unsubscribe instructions included in each such communication. We may also send you service related announcements. For instance, if our service is temporarily suspended for maintenance, we might send you an Email. Generally, you may not opt-out of these communications, which are not promotional in nature.
11. Accuracy of Your Information. You may contact us at (844) 464-4673 regarding the accuracy, deletion, completeness and substance of the information collected about you while you are on the Website. In some cases, we may not be able to delete your personally identifiable information, in which case we will let you know if we are unable to do so and why. We will respond to your request within 30 days. If you believe the information on the Website is inaccurate, we may request you to make certain changes on the Website or we may require you to complete and submit a change form to us to request a change.
12. Confidentiality, Security, and Data Retention. We restrict access to nonpublic personally identifiable information about you, including your social security number, to those employees and other persons hired by us who need to know the information to provide products and services to you and to otherwise service your Notes. We maintain physical, electronic and procedural safeguards that comply with applicable federal standards to guard your nonpublic personally identifiable information.
If you choose to complete and submit an application for a Note, or to access your IncomeDriver Notes Online Services through our Website, your personally identifiable information will be protected during transmission by an encryption process.
You can personally confirm the security of the site by viewing our certificate information. For Internet Explorer users, this can be found by clicking on "File" from your tool bar then "Properties" then "Certificates." For Firefox users, the certificates can be viewed by clicking on the lock icon in the bottom right corner of the browser.
We will retain your information in accordance with our data retention policies including for the purposes of servicing your relationships with us, if any, and for internal analysis.
13. Assistance for Victims of Identity Theft. If you believe that your Note has been subject to unauthorized access, please call us immediately at (844-464-4673). You may also contact your local law enforcement agency or file a complaint with the Federal Trade Commission at http://www.ftc.gov.
14. Children's Privacy. Our Website is not directed to children under the age of thirteen (13) nor do we market our products or services to such children. We do not knowingly collect any data from children. Our products and services are not available to anyone who is not of legal age to sign a fully enforceable contract. In most states, a person must be at least 18 years of age to sign a fully enforceable contract.
1. Availability of Products and Services. The Website contains information about our products and promotional programs. Our products and services may not be available in all jurisdictions.
3. Errors and Negligent Use. We are not responsible for errors or negligent use of the services offered by the Website, including input errors, negligent handling or sharing of Passwords or Tokens, and leaving a computer or Mobile Device unattended while accessing the your IncomeDriver Notes Online Services as defined in the IncomeDriver Notes Online Services Agreement.
4. Accuracy of Website. While we make all reasonable efforts to ensure that all material on the Website is correct, accuracy cannot be guaranteed.
5. Links. The Website may contain hypertext links to other websites that are completely independent of the Website. We do not assume responsibility as to the accuracy, completeness, or authenticity of the information presented on any website accessed via such a link. A link to another entity's website should not be construed as our endorsement of such entity's website, products, or services.
6. Information Only. All of the content presented on the Website is for information purposes only and in no way creates any fiduciary relationship between us; you should seek appropriate tax, financial, or legal advice when necessary. All products, programs and services described on the Website are available to qualified applicants only. All products, programs and services are subject to change or termination at any time.
7. Copyright. The information contained on the Website is protected by copyright and may not be reproduced without our written consent.
9. Questions, Comments or Concerns. Should you have any questions comments or concerns regarding the Website, our products and services or your Note as defined in the IncomeDriver Notes Online Services Agreement, please refer to the Contact Us section of the Website for the appropriate contact information.
10. Accessibility. Toyota is committed to accessibility, diversity and inclusion of all guests. We believe everyone should be able to visit www.incomedrivernotes.com and access our service easily. We welcome feedback. If you notice any content, feature or functionality of the Website or our other services that you believe is not fully accessible to people with disabilities, please contact us and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your input seriously and will consider all feedback received as we evaluate ways to accommodate our customers and continuously improve our overall accessibility policies.