California Privacy Policy

California Privacy Policy

Jefferson Capital Systems, LLC (also referenced herein as we and us) is providing this notice to you. Nothing in this Privacy Policy is intended to contradict your rights under the Fair Debt Collection Practices Act. We will not disclose any information to third parties that is otherwise prohibited by the Fair Debt Collection Practice Act (“FDCPA”).

Definitions

For purposes of this Policy, the following definitions shall apply:

• “Agent” means any third party that collects or uses Personal Information under the instructions of, and solely for us or to which we disclose Personal Information for use on our behalf.
• “Nonpublic Personal Information” means any personally identifiable financial information provided by the consumer to obtain a financial product; or resulting from transactions with that product; or information a financial institution obtains about the consumer in connection with that product (e.g., credit bureau information). For example: Social Security number; driver’s license numbers (in some states); place of employment or work telephone number; non-listed home phone; where the consumer banks; details about the particular account. Other examples of nonpublic personal information include: account balances; payment histories; transaction history; or any information that discloses that this individual has a financial relationship with the institution.
• “Personal Information” means any information or set of information that identifies or could be used by or on behalf of JCAP to identify an individual. Personal Information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public Personal Information.
• “Public Personal Information” means information which a financial institution reasonably believes is publicly available, such as information available from public records or court records.

Privacy Principles

• SECURITY: We take reasonable precautions to protect Personal Information in our possession from loss, misuse, and unauthorized access, disclosure, alteration and destruction. We restrict access to Personal Information to employees who need to know that information to provide services. We maintain physical, electronic and procedural safeguards that comply with applicable laws to guard Personal Information.
• DATA INTEGRITY: We use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. We take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current.

Our websites are located at www.myjcap.com and www.paymentrewardsprogram.com (the "websites") and is not intended for individuals less than the age of eighteen. We do not knowingly collect data relating to individuals less than the age of eighteen.

What information do we collect?

We may have collected the following categories of personal information from consumers within the last 12 months. Inclusion of a category indicates that we may collect some information in that category. It does not mean that we collect all information listed in that category in all situations.

Categories of Personal Information	Examples of Specific Types of Personal Information Collected	Collected	Purpose
A. Identifiers	A real name, alias, postal address, email address, telephone numbers, internet protocol address, account number, Social Security number, date of birth, or other similar identifiers.	Yes	(a) Necessary to provide the services (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate business interests (d) Prevent fraud
B. Personal Information categories	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	Yes	(a) Necessary to provide the services (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate business interests (d) Prevent fraud
C. Protected classification characteristics	Age (40 years or older), veteran or military status	Yes	(a) Necessary to provide the services (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate business interests
D. Internet or other electronic network activity information	Information regarding a consumer’s interaction with an internet web site, application, or advertisement.	Yes	(a) Necessary to provide the services (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate business interests
E. Professional or employment-related information	Current or past job history.	Yes	(a) Necessary to provide the services (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate business interests
F. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	Yes	(a) Necessary to provide the services (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate business interests
G. Sensitive Personal Information	Government-issued identifying numbers, such as a driver’s license, passport or Social Security number, financial account details that allow access to an account, such as a credit card number and access code, genetic data, precise geolocation, race or ethnicity, religious or philosophical beliefs, union membership, contents of mail email or text messages, biometric data related to your unique identification,	Yes	(a) Necessary to provide the services (b) Maintain and service your account (c) Process payments (d) Ensure security and integrity regarding the use of such personal information (e) Verify or maintain the safety and quality of the services (f) Necessary to comply with a legal obligation (g) Necessary for our legitimate business interests

How do we use the information we collect?

Personal information is collected solely for the purpose of debt recovery in a lawful manner and remains part of our records until we determine the information is no longer needed, or we are required by law to delete such information. We will collect the minimum amount of data necessary to collect a debt.

We may use your personal information for one or more of the following business purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your personal information to make a payment, we will use that information to process your payment.
• Performing services on behalf of the business or service provider, including maintaining or servicing records, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, or providing similar services on behalf of the business or service provider.
• To provide you with information or services that you request from us.
• To respond to law enforcement requests and as otherwise permitted by applicable law, court order, or governmental regulations.
• To ensure security and integrity to the extent personal information is reasonably necessary and proportionate to these purposes;
• To verify or maintain the quality or safety of the services or account, or to prevent fraud.

Sensitive personal information is collected only as necessary to perform our services, process payments, maintain or service your account, to ensure security and integrity regarding the use of such personal information, and to verify or maintain the safety and quality of the services. Sensitive personal information is not collected with the purpose of inferring characteristics about you.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We do not sell and will not sell your personal information.

How we collect your information

We collect most of this personal information directly from our clients for whom we provide services to, as well as from you by telephone, written correspondence through the mail, email or fax. However, we may also collect information:

• From publicly accessible sources (e.g., property records or court records);
• From your transactions with us;
• From our service providers (e.g., letter vendor, location vendors, payment processing vendors, call analytics vendor, and/or electronic signature service provider);
• Directly from a third party (e.g., third parties contacted during location activities pursuant to 15 U.S.C. §1692b, such as your friends, neighbors, relatives, and/or employer);
• Consumer reporting agencies (CRAs)
• From a third party with your consent (e.g., your authorized representative and/or attorney); and
• From activity on our website.

How we share your information

We may share personally identifiable information it collects with its employees who need to know that information to service your account. Except as provided below, we do not share or disclose any personally identifiable information to any external company or marketing group.. We may share your personal information with third parties to the extent it is reasonably necessary to manage or service your account, verify employment, determine location, process payment, fulfill a transaction, provide customer service, or as otherwise authorized by law.

Further, we may disclose personally identifiable information (i) to another entity with which we enter or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, (ii) to a third party pursuant to a subpoena, court order, or other form of legal process or in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or in connection with litigation brought against, or on our behalf, where appropriate, (iii) to a third party if we determine our sole judgment that such disclosure is appropriate to protect the life, health, or property of us or any other person or entity, all in compliance with applicable law, (iv) to third parties as authorized or designated by you, or (v) to conduct any other legitimate business activity not otherwise prohibited by law. The foregoing is not intended to obviate or displace any legal obligations or duties applicable to us.

Except as necessary for us to provide the services, information, or products requested by a website user, or except for the disclosures identified in the preceding paragraphs, the user may opt out of having his or her personally identifiable information, which has been voluntarily provided to us through or from our website, prospectively retained by us, used by us for secondary purposes, or disclosed by us to third parties.

E-mail posted or sent to us may not be secure against interception by unauthorized individuals. To protect against interception by unauthorized individuals, or because we cannot verify your identity, we may be unable to respond to e-mail requests concerning accounts placed for collection unless you have requested or authorized us to do so.

Sharing your information with Consumer Reporting Agencies

Consumer Reporting Agencies (CRAs) collect and maintain information on consumer and business credit profiles on behalf of organizations in the United States. We may share information about you with CRAs and may carry out periodic searches with them to verify your identity or manage your account.

Details of your account(s) with us may be sent to CRAs and recorded by them. This information may be supplied by CRAs and may be used and searched by us and other organizations, such as debt collection agencies, in order to:

• consider applications for credit and credit related services;
• locate debtors and recover debts; and
• manage your accounts.

We may furnish account information to Experian, Equifax, and Trans Union. You have a right to obtain an annual copy of your credit file from CRAs by visiting https://www.annualcreditreport.com.

Sharing your information with a third party

If we share your information as set forth above, it will do so in compliance with the applicable legal requirements. We may need to transfer your information in this way to carry out our services with you, fulfill a legal obligation, to protect a public interest and/or for our legitimate business interests. In this instance, we will provide appropriate safeguards that provide an adequate level of protection for your rights and freedoms as to your personal data consistent with this Privacy Policy.

How long we keep your information

We will retain your personal data until we determine the information is no longer needed, or as otherwise required by law. Thereafter we delete or anonymize such information in accordance with applicable laws.

Your Rights

• The right to access personal information – You have the right to submit a verifiable request for access to your personal information that we collected about you, subject to certain exceptions. This may include the categories and specific pieces of information collected, the sources of that information and the business or commercial purpose for the collection or disclosure of that information.
• The right to request correction of personal data we hold about you - This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• The right to request deletion of personal information - You have the right to request that we delete your personal information, however, state and federal law may prohibit us from deleting personal information, which we will disclose to you. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.
• The right to object to processing of your personal data – Where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms, you have the right to object to processing of such data. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• The right to request restriction of processing of your personal data - This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• The right to request the transfer of your personal data to you or to a third party - We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• The right to withdraw consent at any time where we are relying on consent to process your personal data – however, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
• Rights related to automated decision making and profiling - 'Automated Decision Making' refers to credit decisions regarding consumer lending terms or conditions predicated solely on the creditor’s automated processing of personal data. This means credit decisions may be made by a creditor, for example, using software code or an algorithm which does not require human intervention. We do not extend credit or make credit decisions for any person and we do not use your personal data as part of any such automated decision making or profiling when servicing your account.
• The right to non-discrimination - We will not discriminate against you if you exercise any of these rights.
• The right to an authorized agent – You can designate an authorized agent to make any of these requests by providing your express written authorization. We must be able to verify your identity and the authorization must include the authorized agent’s name, address, telephone number, and email address (for providing the personal information collected or to respond to a request for deletion).

How to exercise your rights

When we are the current creditor of your account, we are the data controller and responsible for your personal data. If you wish to exercise any of these rights, please contact us by doing one of the following:

1. By mailing a request to: Jefferson Capital Systems, LLC, Department P, 200 14th Avenue E, Sartell, MN 56377;
2. Toll-free Telephone Number: 1-800-281-2793 (toll free), 8:00 AM- 3:00 PM (M-F) CST.

If you choose to contact us directly in writing], you will need to provide us with:

• Enough information to identify you [e.g., your full name, address and customer or matter reference number];
• Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
• Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

If requested to provide or remove data, we will respond within a reasonable timeframe or within the timeframe as required by applicable law.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf. To prevent anyone other than you, or your authorized agent, from exercising the right to know or the right to delete with respect to your personal information, we follow procedures to verify you, or your agent’s, identity. These procedures seek to confirm that the person making a request is the person about whom we have collected personal information or that person’s authorized agent. The verification procedures involve matching data points that you provide with your request against information about you we already have in our records and that we have determined to be reliable for purposes of verifying your identity. We will use information you provide in your completed request form to verify your identity, and we may request additional information if necessary to complete the verification process.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

If you would like to appeal our decision with respect to your exercise of the above rights, an appeal may be sent to the data controller using the same process for submitting initial requests. A response to an appeal may take up to 60 days, at which time we shall respond to your request.

If we service your account, we are the data processor. You will need to contact the current creditor to exercise any of these rights.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. We post our California Privacy Policy on our website(s) and will post the last update date to reflect when changes are made.

LAST UPDATED: July 2023