I. Who we are?
Capital Link Management, LLC (“Company”) respects the consumers’ privacy and is committed to protecting it through our compliance with this policy.
Capital Link Management, LLC, headquartered in Amherst, NY, USA provides receivables management services for a multitude of direct issuer and debt buying clients on outstanding consumer debt.
Capital Link Management, LLC
Attn: Compliance and Quality
100 Corporate Parkway, Suite 106
Amherst, NY 14228
Phone: (for privacy requests only): (833) 206-7206
II. Who and What Is Covered by This Privacy? Policy?
Use of our Site is strictly limited to persons who are of legal age in the jurisdictions in which they reside. You must be at least eighteen (18) years of age to use our Site. If you are not at least 18 years of age, please do not use or provide any information through this Site.
III. What Personal Information Does the Company Collect, From Where, And Why?
The following is a description of: (i) the categories of personal information the Company may have collected in the preceding 12 months; (ii) the sources from which we may have collected it; and (iii) the business purposes for which we may have collected it.
Information We Do NOT knowingly Collect.
We do not knowingly solicit, collect, or receive information from or about minors under the age of 18, through this Site or otherwise.
Information You Provide Directly
If you initiate contact or correspond with us orally or in writing, we may keep a record of your contact information and correspondence and we reserve the right to use your contact information, and any other information that you provide to us in your message, to respond thereto, optimize customer service, or attempt to resolve your request or inquiry. Thus, we may use the information you provide to further correspond with you or to manage your account.
If you wish to change or correct any information voluntarily submitted to us, please do so by contacting us in the manner described above.
Information from Third Parties Acting on Your Behalf.
The Company may receive and maintain Personal Information (e.g., name, address, telephone number, email address, date of birth, social security number, account numbers, financial information, attorney information, court records, bankruptcy, probate or deceased status, etc.) contained in communications with someone other than you, such as your spouse, power of attorney, attorney, or other authorized representative, in connection with the collection of any debt.
Information We Receive from Our Clients.
We may receive and maintain personal information contained in the accounts receivable within the portfolios that we service for clients. This information may include a name, contact information, date of birth, social security number, information contained on credit applications, the original creditor’s account number, employment information, court records, the balance of the account at the time of sale, and the last date a payment was received on an account, etc. We may use this information to assist with fulfilling our responsibilities to our clients in connection with the management and recovery of accounts receivable.
Information We Receive from Portfolio Sellers.
We receive and maintain personal information contained in the accounts receivable within the portfolios that we purchase from sellers, including credit issuers, creditors, and prior accounts receivable portfolio owners. This information may include: full name, contact information (address, phone number, e-mail), employment or business information, social security number, date of birth, account information (including credit application, agreements, and terms, account numbers, balance, and history – date of last payment, charge-off date and amount, payment information, correspondence, etc.), gender, language preference, court records, disputes and complaints, legal, litigation, bankruptcy and probate information, etc. We use this information in connection with the management and recovery of our assets, accounts receivable, the collection and recovery of accounts receivable, and to analyze potential portfolio purchases. Personal information that we receive from sellers, as part of due diligence prior to a sale, is shared with us confidentially for the purpose of analyzing a potential purchase and is subject to a nondisclosure agreement or other confidentiality obligation that prohibits us or our representatives from further disclosing or using the information for any other purpose.
Information We Receive from Our Service Providers.
The Company may receive and maintain Personal Information from our Service Providers. Service Providers are persons or entities that we contract with to provide a material service in connection with the management and recovery of accounts. This may include, for example, location service providers, attorneys, collections agencies, letter vendors, and data service providers that scrub information. Information that we typically may receive includes updated contact information (address, phone number, email), bankruptcy activity, military status, death or probate status, credit information, court records, payment records, financial information, and correspondence or call recordings with consumers.
Information Automatically Collected by Use of This Site
You may use this Site without disclosing to us any personally identifiable information. We do not automatically collect any personally identifiable information from you (e.g., name, address, telephone number, email address) when you use the Site.
Like most websites, however, the Site automatically collects certain non-personally identifiable information during a user’s visit. That information may include the internet protocol (IP) address of your device, the location where the device is accessing the internet, browser type, operating system, and other information about the usage of the Site, including a history of pages viewed. We use this information to improve the Site’s design, estimate user volume and usage patterns, speed up searches, and improve the user experience by customizing options and recognizing return users. We may also use this information to help diagnose problems with our server and to administer our website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences. More specifically:
(i) IP Address
Each time a user visits the Site, we may automatically collect an internet protocol (IP) address and the web page from which the user was directed to the Site. In order to administer and optimize the Site and to diagnose and resolve potential issues or security threats to our Site or to the Company, we may use an IP address to help identify users and to gather broad demographic information about them.
(ii) Cookies, Pixel Tags, And Web Beacons
Our Site may incorporate “pixel tags,” “web beacons,” or similar tracking technologies (collectively, “pixel tags”) that track the actions of Site users. Pixel tags are used to collect information, such as the internet service provider, IP address, the type of browser software and operating system being used, the date and time the Site is accessed, the website address, if any, from which a user linked directly to the Site and/or the website address, if any, to which the user travels from the Site and other similar traffic-related information.
We may aggregate information collected from Site visits by various users to help us improve the Site and the services that we provide through the Site.
(iii) Do Not Track
Our Site tracks when visitors enter through a marketing landing page. The Site also keeps a record of third-party websites accessed when a user is on our Site and clicks on a hyperlink. But we do not track users to subsequent sites and do not serve targeted advertising to them.
(iv) Analytics Information
Web servers for the Site may gather anonymous navigational information about where visitors go on our Site and information about the technical efficiencies of our Site and services. Anonymous information does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual. Examples of anonymous information may include certain information about the internet browser, domain type, service provider and IP address information collected through tracking technologies and aggregated or de-identified data. We use anonymous analytics information to operate, maintain, and provide to you the features and functionality of the Site.
IV. What Personal Information Do We Share with Others?
We Do Not Sell Personal Information to Third Parties for Their Own Use.
Accordingly, there have been no sales of non-public Personal Information to Third Parties for their own use or further disclosure in the past twelve (12) months.
The Company does not knowingly collect and does not, and will not, sell non-public Personal Information of minors under 16 years of age without first obtaining affirmative authorization.
Sharing Information with Our Service Providers.
We may share personal information with Company’s members or affiliates who may be granted access to, receive, or use personal information for the purpose of auditing, risk management, and in connection with providing the shared professional services offered to Company as part of the Capital Link Management platform, including legal, human resources, information technology and marketing services. Such information may include: full name, contact information (address, phone number, e-mail), employment or business information, job applicant information, social security number, date of birth, gender, language preference, account information (including credit application, agreements, and terms, account numbers, balance, and history – date of last payment, charge-off date and amount, payment information, correspondence, etc.), court records, disputes and complaints, legal, litigation, bankruptcy and probate information, and/or Site usage information, etc.
Company may also share personal information with persons or entities that we contract with to provide a material service, referred to as Service Providers. Our Service Providers include data service providers (scrubbers, analysts, etc.), data security providers, technological support companies, legal counsel and accounting professionals, collection agencies, attorneys and law firms, and master service providers who may subcontract services to additional service providers. In connection with providing these business services to the Company, one or more of our Service Providers may have access to identifying information, such as: full name, contact information (address, phone number, e-mail), employment or business information, social security number, date of birth, gender, language preference, account information (including credit application, agreements, and terms, account numbers, balance, and history – date of last payment, charge-off date and amount, payment information, correspondence, etc.), court records, disputes and complaints, legal, litigation, bankruptcy and probate information, and/or Site usage information, etc.
We restrict our Service Providers from accessing or using personal information for any purpose other than as reasonably necessary to perform a business purpose that we authorize by contract, and personal information will not be further used by our Service Providers for any commercial purpose or disclosed or sold by them to any third party.
Sharing Information with Clients Pursuant to a Written Contract Through Which We Act as a Service Provider.
We may share limited personal information with our clients that engage us as a Service Provider through a written contract and direct us to manage commercial trade receivables. This may include information about an individual we have related to a commercial receivables account, such as: name, employment and business information, guarantor information, etc. We share this information in connection with the management and recovery of commercial accounts receivable, to satisfy audit rights of our clients, and to fulfill our responsibilities to our clients.
Sharing Personal Information at Your Direction.
We may share your personal information with third parties to whom you or your agents authorize us in advance to intentionally disclose to or allow to use your personal information, such as banks or service providers, in connection with the services that we provide and/or the management of your account.
Sale of Our Company or Company Assets.
In the event of a sale, assignment, liquidation, or transfer of our assets or of any portion of our business, we reserve the right to transfer any and all information that we maintain and collect to unaffiliated third-parties in connection with that event.
Monitoring, Law Enforcement and Legal Requests.
Company may be required by law enforcement, federal or regulatory entities, or judicial authorities to provide your personal information, such as in response to an audit, investigation, or subpoena. Company will only disclose information as legally required or necessary to demonstrate compliance with the law. The Company has no obligation to monitor the Site or the use of the Site or to retain the content of any user session. However, we reserve the right to monitor, review, retain and/or disclose any information, as necessary and to the extent possible, to satisfy (and demonstrate our compliance with) any applicable law regulation, legal process or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. We may use IP addresses, if available, to identify a user when we feel it is necessary to protect the Site, our service, clients, potential clients, or others.
Our Internal Use and Research.
Company reserves the full and unrestricted right to use and disclose de-identified information; anonymized information; aggregated information; or publicly available information that has not been combined with nonpublic personal information for purposes including, but not limited to, our own internal use, data mining, analytics, and research.
V. How Long Do We Retain Personal Information?
We are required to retain certain data, including in some cases personal information, for specific periods of time in order to fulfill the contractual requirements of our clients and the sellers of accounts receivable, to complete the services for which we were hired to perform, and/or to comply with internal policies and procedures, and applicable law.
VI. How Do We Protect Your Personal Information?
Company is committed to protecting your privacy. We take data security very seriously because our reputation and livelihood rely on it. Company takes reasonable security measures and seeks to implement the best practices and procedures in data collection, storage, processing, and security, to protect personal information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. We maintain physical, electronic, and procedural safeguards designed to protect against the unauthorized disclosure of personal information, and personal information is disposed of properly and securely utilizing industry standards. Company maintains and adheres to data security policies and practices that are periodically reviewed and modified as necessary, and subject to third party assessment.
** THE INFORMATION BELOW APPLIES TO CALIFORNIA RESIDENTS **
VII. Your Rights Under the California Consumer Privacy Act (CCPA).
The CCPA and Personal Information
The California Consumer Privacy Act (“CCPA”), effective January 1, 2020, grants privacy rights to California consumers in connection with their Personal Information.
Personal Information or “PI” is “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” PI, as defined in the CCPA, does not include personal information that is already subject to sector-specific privacy laws, including the Gramm-Leach-Bliley Act, a federal law that imposes requirements on financial institutions to protect consumer data.
A consumer has rights regarding his/her PI, including:
A right to know what PI is collected, used, shared, or sold by the business.
A right to access PI collected and retained by the business.
A right to require businesses and, by extension, their service providers, to delete PI, subject to certain exceptions.
A right to opt-out of the business’ sale of PI; and
A right to non-discrimination in terms of pricing or service for choosing to exercise a privacy right under the CCPA.
Consumer Right to a Notice of Collection.
A business subject to the CCPA must, at or before the point of collection of PI, inform a consumer as to the categories to be collected and the purposes for which it shall be used. A service provider that receives or collects PI on behalf of, or at the direction of, a covered business may not be required to provide a notice of collection to the consumer.
Consumer Right to Know.
Collection: A business must disclose the following in response to a verifiable request:
The categories of PI the business has collected about the consumer.
The categories of sources from which that PI was collected.
The business or commercial purpose for collecting or selling PI.
The categories of third parties with which the business shares PI; and
The specific pieces of PI the business has collected about the consumer making the request.
Sale: A business that sells PI or discloses it for a business purpose must disclose, in response to a verifiable request, the following:
The categories of PI collected about the individual consumer
The categories of PI the business sold about the individual consumer, and the categories of third parties to which it was sold. Or, if the business has not sold any of the consumer’s PI, it must state that fact.
The categories of PI the business has disclosed about the individual consumer for a business purpose. Or, if the business has not disclosed the consumer’s PI for a business purpose, it must state that fact.
Consumer Right to Delete.
A California consumer has the right to request that a covered business delete his/her PI, subject to certain exceptions. Once a request is reasonably verified by the covered business, the PI requested to be deleted must be removed from the records held by that business. The business must also direct its Service Providers with whom the information was shared to also delete the information unless it is subject to an exception.
A request to delete may be denied if retaining the information is necessary to:
Complete the transaction for which it collected the PI, provide a good or service requested by the consumer, take action reasonably anticipated within the context of the ongoing business relationship with the consumer, or otherwise perform a contract with the consumer.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
To exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on the consumer’s relationship with the business.
Comply with a legal obligation.
Make other internal and lawful uses of the information that are compatible with the context in which the consumer provided it.
Consumer Right to Non-Discrimination.
A business must not discriminate against a consumer who exercises CCPA rights. A business may charge different prices or provide a different quality of goods or services, but only if the difference is reasonably related to the value provided to the consumer by the consumer’s data. A business may offer financial incentives to a consumer for the collection, sale, or deletion of personal information on a prior, opt-in consent basis.
F. Consumer Right to Opt-Out.
A business that sells PI to third parties must provide notice to consumers, clearly inform them of the right to opt out of the sale, and provide a “Do Not Sell My Personal Information” link on its website that enables the consumer to opt out of future sales.
A business is prohibited from selling the PI of a consumer the business knows is less than 16 years of age, unless (for a child between 13 and 16 years of age) the child has affirmatively authorized the sale or (for a child less than 13 years of age) the child’s parent or guardian has affirmatively authorized the sale.
A description of consumer CCPA rights, including the right to opt out of the sale of PI and a separate link to a “Do Not Sell My Personal Information” internet webpage if the business sells PI.
The method(s) by which a CCPA request can be submitted; and
A list of the categories of PI the business has collected, sold, or disclosed for a business purpose in the preceding 12 months.
VII. How Do I Exercise My CCPA Rights?
Instructions for Submitting A CCPA Consumer Rights Request to Us
If you are a California resident and wish to submit a CCPA Request to the Company, you may use one of the following methods:
Send an e-Mail detailing your concern to: firstname.lastname@example.org
Call us, Toll-Free, at: 833-206-7206
Please be advised that we are only required to respond to your request to know or access twice in any 12-month period.
We are required to keep records of your CCPA request for at least 24 months, including any assigned reference number, the request date and nature of the request, the manner in which the request was made, the date and nature of our response, and the basis for any full or partial denial.
B. Verification of The Person Making A Request.
We need to be reasonably sure that the person making the request about your PI is you, or a representative authorized to make a request on your behalf. We cannot comply with your request if we cannot verify your identity or your authority to make a request for another person. Accordingly, we will ask for information such as your full name, address, and date of birth to attempt to verify your identity and locate your records, if any.
To the extent possible, we will not ask you for new information to verify your identity, but instead will request information that we can cross-check against existing records. If we are unable to verify your request without new information, we will delete the new information as soon as practical after processing your CCPA request, except as may be required to comply with the CCPA’s record retention requirements.
We will never require you to create an account with us in order to verify your request, but if you already have an account, we may use that information to assist with verification. We will only use information you provide to us during the verification process to try to verify your identity or your authority to make the request for another person.
Requests to access the specific pieces of information we may hold, and not just a list of the categories of information, require heightened verification procedures, and we will require you to submit a written declaration under penalty of perjury stating that you are the consumer whose PI is the subject of the request. In addition, certain pieces of information, such as a social security number, driver’s license number or other government-issued identification number or financial account numbers, will not be disclosed in response to a CCPA request.
If you wish to authorize someone else to act on your behalf in connection with your CCPA rights, we must receive proof that this person is authorized to do so. Proof can be provided by a consumer verifying his/her own identity directly with us and then providing written authority for a designated person to act on the consumer’s behalf, or through receipt of a power of attorney or other legal documentation of authority, or proof of registration with the California Secretary of State as a designated representative of another consumer. You may also make a verifiable consumer request on behalf of a minor child, which requires that you submit proof of your status as a parent or legal guardian.
C. How and When Will We Respond?
Within 10 days of receipt of your request, we will provide an initial confirmation with an assigned reference number.
If you submit a Request to Delete, we are required to re-confirm your choice to delete the information after verifying your request, but prior to actual deletion.
The Company strives to provide a response within 45 days of receiving your request. If we need additional time, we will let you know.
We will send our response to your request by U.S. mail or email, at your option. Any information we provide will cover only the 12-month period preceding receipt of your request.
If we cannot respond to or comply with your Request to Know or Request to Delete, or we otherwise deny your request, we will explain our reasoning and decision in our response. We may, for example, deny a CCPA request if we cannot verify your identity or if the information we maintain for you is exempt from the CCPA, such as information collected, processed, sold or disclosed pursuant to the Gramm-Leach-Bliley Act.
We do not charge a fee to process your request unless it is excessive, repetitive, or manifestly unfounded, and we have informed you in writing of the reasoning behind a charge and its estimated cost. We will provide a cost estimate before completing your request if we determine that a charge is warranted.