Terms & Conditions
Terms & Conditions
Purpose
This policy provides how the agency (“Agency”) collects, uses and protects information that clients and/or consumers may provide. Consumers do not need to take any action as a result of this notice but do have certain rights as described below.
Applies to consumer information obtained by Agency in the course of its business of collecting consumer debts.
Agency respects consumer privacy and takes every precaution to ensure that personal information remains private. Agency may request a consumer to verify personal information by which the consumer may be associated with an account. This information will only be used in accordance with this privacy policy/statement.
Agency does not disclose consumer non-public personal information that it collects to anyone or any organization that is not affiliated in the normal course of business as required by law and/or permitted by the consumer contract with its clients. Consumer information is restricted to only be used or shared with an unaffiliated third party with the consumer’s express consent to do so.
Agency’s privacy commitments are fundamental to its business. These apply to every consumer who has an account placed for collection with Agency. Agency will protect consumers’ privacy and keep consumers’ personal information safe. Agency uses encryption and other security safeguards to protect customer data. Agency will not sell personal information to anyone, for any purpose.
Use of Information
Agency limits the collection and use of non-public personal information to the minimum it believes is necessary to provide clients with exemplary service and collect the debts. Agency maintains accurate and up to date account information as the information described herein is collected. Agency uses the information consumers provide when visiting its website but does not share this information with outside parties. Agency uses return email addresses to answer the email it receives. Such addresses are not used for any other purpose and are not shared with outside parties. Agency uses non-personally identifiable information and aggregate information to better design its website and enhance display features. Agency does not disclose anything that can be used to identify individuals, however, Agency uses encrypted information stored in cookies only known to Agency to provide some features of its website. Agency never uses or shares the personally identifiable information provided online in ways unrelated to the ones described above without also providing consumers an opportunity to opt-out or otherwise prohibit such unrelated uses.
Public Information we collect
Agency may collect various forms of personally identifiable information and non-personally identifiable information in the course of its business of collecting consumer debts and while consumers use its website. "Personally identifiable information" refers to any information that identifies a consumer which a consumer has supplied in a prior website visit or interaction with Agency.
"Non-personally identifiable information" refers to information that does not of itself identify a specific individual. Certain information about consumers is gathered and collected in several ways. This information is compiled and analyzed on an aggregated basis. Agency may employ various methods of analysis to better serve its client's needs, applications and dissemination of information.
How this information is collected
In addition to the practices outlined above, Agency may collect information which is:
- Received from a consumer on an application/client contract
- Received from transactions with Agency, its clients or affiliates
- Received from a consumer directly
- Received from a consumer reporting agency
- Received from its clients
- Received from third parties such as attorneys and insurance companies
How Information is Protected
Agency restricts access to non-public personal information about consumers to only those with a direct need within the normal course of business in order to provide products and services to consumers and/or clients. Agency maintains superior physical, electronic and procedural safeguards that comply with federal and state regulations to guard consumer non-public personal information and services to consumers and clients. Agency does not sell, distribute or lease consumer personal information to unaffiliated third parties without the express consent of the consumer.
Consumer Options for Data Collection, Use, Retention, Disclosure and Disposal
Agency is not the owner of any consumer data, as the provider of service collects, uses and dictates the information’s use, retention and disposal. Consumers have the right to provide permissions to direct Agency to provide data disclosures to third parties.
Consumer Right to Private Data
Consumers contacting Agency to request a list of the personal identifying information that Agency maintains on each consumer will be referred back to the provider of service, as they hold the originating contracts with the consumer.
Requesting Disclosure Data of Consumer Information
Consumers may contact Agency to request a list of instances whereby their data was disclosed to third parties. All, if any, instances are documented on each account the consumer has within the Agency operating system.
WEBSITE TERMS AND CONDITIONS
DISCLAIMER
This information is provided for educational or informational purposes only. It is not intended to provide legal, accounting or other professional advice and should not be relied on as such.
AGENCY, ITS DIRECTORS, OFFICERS, LICENSORS AND AFFILIATED COMPANIES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY PERSON FOR ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED ON ITS WEBSITE, LOSS OF PROFITS, OR COSTS OF REPLACEMENT GOODS), EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
EVERY EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE INFORMATION PRESENTED, HOWEVER, AGENCY., SHALL NOT BE RESPONSIBLE FOR ANY TRANSMISSION PROBLEM, ERRORS OR OUTDATED INFORMATION PROVIDED HEREIN. YOU AGREE TO ASSUME ALL RISKS IN THE TRANSMISSION OF ANY DATA OR INFORMATION TO AGENCY INCLUDING ANY INTERCEPTION BY THIRD PARTIES.
LINKS TO OTHER WEBSITES
LINKS ON THIS WEBSITE TO THIRD PARTY WEBSITES ARE PROVIDED FOR CONVENIENCE ONLY. AGENCY IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE, CONTROL OR MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONTENTS, PRODUCTS AND SERVICES OFFERED FROM THIRD PARTY WEBSITES. CONSUMERS ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF THE INFORMATION CONTAINED IN THIRD PARTY WEBSITES AND FOR COMPLYING WITH THE TERMS OF USE FOR SUCH THIRD-PARTY WEBSITES.
Health Information Portability Accountability Act
Agency (i) is in material compliance with the standard transaction requirements established by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and HIPAA's accompanying transaction set, privacy, and security regulations (the “HIPAA Regulations”), and (ii) has developed and implemented appropriate policies and procedures and training programs for compliance with HIPAA's privacy and security regulations; and
Agency possesses or may possess Individually Identifiable Health Information and/or Protected Health Information that is protected under HIPAA and the HIPAA Regulations, and is permitted to use or disclose such information only in accordance with HIPAA and the HIPAA Regulations.
Telephone Consumer Protection Act
Agency is compliant with all Federal and State Laws including, but not limited to, the Telephone Consumer Protection Act (TCPA) to the extent such may apply. To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers to enhance service to you.
By creating and account or logging in, you consent to this monitoring and recording.
- You agree that Agency may from time to time make calls and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system.
- Consent may be revoked at any time by contacting us via email, mail, or phone.
Federal E-SIGN Act Disclosure and Consent
We are pleased to offer you the opportunity to receive information about your account electronically. If you would like to receive correspondence from us via email or text instead of paper copies through the mail, please review this notice and provide your consent. This notice applies to all documents, notices and disclosures that we provide to you relating to your account, except as otherwise prohibited by law.
Please read this Federal Electronic Signatures in Global and National Commerce Act (“E-SIGN”) Disclosure and Consent carefully and print a copy for your records. You can record your consent to the E-SIGN disclosure by following the directions on the webpage. By following the directions on the webpage, you consent to the electronic delivery of any disclosures, agreements, change notices, changes to the Terms and conditions of your account and any other documents or notices (together, the “Documents”) that we provide to you relating to your account. You have the right to request a paper copy of disclosures; we will not provide you with paper (non-electronic) copies of any Documents unless specifically requested by you. You may incur a fee for paper copies. Please contact us for more information about the fee.
Email Communications
By providing your email address, you give your permission and consent and further agree that Agency may send e-mails to you at the e-mail address(es) you provide us or use other electronic means of communication to the extent permitted by law. You further understand that providing a work or government email address for communication may allow for third parties to view communications about your account, and that by providing such email address, you agree to waive any claims related to third party disclosure from those work or government entities including FDCPA claims, and any private right of action claims related to state or federal privacy laws.
Electronic Delivery of Disclosures and Notices
To use the Online Account and to access, receive and retain Documents, you must provide, at your own expense, an Internet connected device that is compatible with our Online Account software deployed at the time of access. Your device must meet the minimum requirements outlined below. You confirm that your device will meet these specifications and requirements and will permit you to access, view, and retain the Documents electronically each time you access and use the Online Account software.
Please click on the links to review the disclosures related to your account and other documents prior to continuing. To keep a copy of any document that you view online, you may print the document by selecting “Download.” Select your printer and click on OK or select Save to retain a copy on your PC. You should not sign up for an online account using a public computer.
If you do not want to receive the Documents electronically, you should exit this area of our website. If you do not consent to receiving the Documents electronically, you will not be able to open an account via our website.
System Requirements to Access Information
To receive an electronic copy of the Documents you must have the following equipment and software:
- A personal computer or other device that is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
- An Internet web browser capable of supporting 128-bit SSL encrypted communications, which requires a minimum web browser version of Microsoft® Internet Explorer version 10.0 and your system or device must have 128- bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meets these requirements.
- You must have software that enables you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader® version 8.0 and above. Your access to this page verifies that your system/device has the necessary software to permit you to receive and access PDF files.
Withdrawal of Electronic Acceptance of Disclosures and Notices
You may withdraw your consent to receive statements or other documents in electronic form for any of your accounts by contacting us using the contact information located on our website. We may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address or cancellation of participation in our online product as a withdrawal of your consent to receive electronic statements or other documents. We may impose a fee to process the withdrawal of your consent to receive electronic statements. Any withdrawal of your consent to receive electronic statements will be effective only after we have a reasonable period of time to process your withdrawal.
How to Update Your Records
It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your account(s), and to maintain and update promptly any changes in this information. You can update such information (such as your e-mail address) by contacting us using the contact information on our website.
Electronic Funds Transfer
You hereby authorize Agency to initiate debit entries to the bank account or credit card provided to Agency by you, and to debit the same to such account or credit card. Should a transaction be returned, you further authorize debiting said account or credit card for non-sufficient fund fees in accordance with applicable State Law. You acknowledge that the origination of ACH transactions to your account or credit card must comply with the provisions of U.S. Law.
When you provide a check as payment, you authorize us either to use the information from your check to make a onetime electronic fund transfer from your account in accordance with the above or to process the account as a check transaction.
You understand, accept and acknowledge that this authorization shall remain in full force and effect until Agency has received notification from you of its termination at least five (5) business days prior to any payment due date. You may provide said notice to terminate this authorization by using the contact information located on Agency’s website. You further understand that cancelling your ACH authorization does not relieve you of the responsibility of paying your account balance in full, and that if you cancel or revoke this authorization before any remaining debt is paid in full, Agency may take additional actions including, but not limited to, legal actions to secure the debt.
Payment Card Industry Data Security Standard
Agency is committed to protecting consumer credit card data in compliance with the Payment Card Industry Data Security Standard (PCI DSS). Our commitment to the PCI DSS Standard is reflected in the people, technologies and processes we employ. We conduct regular vulnerability scans and penetration tests in accordance with the PCI DSS requirements for our business model. In addition, our PCI compliance is attested to annually by a PCI Qualified Security Assessor (QSA).
National Automated Clearinghouse Association
Agency is committed to securely storing, accessing, processing and transmitting sensitive customer information in compliance with the current Operating Rules of the National Automated Clearinghouse Association (NACHA). Agency makes every effort to comply with all applicable NACHA Rules meant to safeguard our customers’ sensitive financial and non-financial data and ensure that all ACH transactions are handled smoothly and securely. As part of that process, Agency routinely conducts its annual ACH Rules compliance audit and risk assessment.
E-SIGN
Electronic Signature Agreement. By selecting the "I Accept" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting "I Accept" you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Agency or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Agency. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in obtaining a Agency Online service constitutes your agreement to be bound by the terms and conditions of the Agency.
Consent to Electronic Delivery. You specifically agree to receive and/or obtain any and all Agency Transactions Online related "Electronic Communications" (defined below) via Agency Online, or by email or text message. The term "Electronic Communications" includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your Agency Online relationship with Agency. You acknowledge that, for your records, you are able to use Agency Online to retain Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to using your E-Signature. You accept Electronic Communications provided via Agency Online as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
Paper version of Electronic Communications. You may request a paper version of an Electronic Communication. You acknowledge that Agency reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications. To request a paper copy of an Electronic Communication, contact your agency directly via the contact information provided to you by Agency.
Revocation of electronic delivery. You have the right to withdraw your consent to receive/obtain communications via Agency Transactions Online at any time. You acknowledge that Agency reserves the right to restrict or terminate your access to Agency Online if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, contact your agency directly via the contact information provided to you by Agency.
Controlling Agreement. This Agreement supplements and modifies other agreements that you may have with Agency. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will control (with the exception of provisions in another agreement for an electronic service which provisions specify the necessary hardware, software and operating system, in which such other provision controls). All other obligations of the parties remain subject to the terms and conditions of any other agreement.
By creating an account, you are indicating your consent to the terms and conditions of this Agreement and acknowledge you will obtain electronic services and communications.
It is recommended that you print a copy of this Agreement for future reference.
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