Legal
Privacy Statement for California Residents
Agility Credit Privacy Statement for California Residents
This Privacy Statement for California residents supplements the information contained in Agility Credit Privacy Policy Statement and Web Browser Cookie Statement. This privacy statement applies solely to visitors, users and others who reside in the State of California (“consumers” or “you”). Agility Credit (“we”) adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice. By accepting the terms of this privacy statement, you hereby consent to our collection, use and sharing of your information as described below.
1. Summary of Your CCPA Rights
In general, California residents have the following rights with respect to their personal information:
- Do-not-sell (opt-out): to opt-out of our sale of their personal information. We do not sell personal information about California consumers, including those we have actual knowledge are younger than 16.
- Right of deletion: to request deletion of their personal information that we have collected about you and to have such personal information deleted (without charge), subject to certain exceptions.
- Right to know: with respect to the personal information we have collected about them in the prior 12 months, to require that we disclose the following to them (up to twice per year and subject to certain exemptions):
- categories of personal information collected
- categories of sources of personal information
- categories of personal information about them we have disclosed for a business purpose or sold
- categories of third parties to whom we have sold or disclosed for a business purpose their personal information
- the business or commercial purposes for collecting or selling their personal information
- a copy of the specific pieces of personal information we have collected about them
- Right to non-discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the CCPA. The CCPA provides consumers (California residents) with specific rights regarding their personal information.
2. What Information Does Agility Credit Collect?
The table below identifies the categories of personal information (as defined by the CCPA) that we have collected about consumers in the prior 12 months, as well as how we have disclosed such information for a business purpose (subject to our applicable legal and ethical obligations).
| Category | Examples | Agility Credit Collects | Agility Credit Sells |
|---|---|---|---|
| A. Identifiers | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. | YES | NO |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) | 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 | NO |
| C. Protected classification characteristics under California or federal law | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | YES | NO |
| D. Commercial information | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | NO | N/A |
| E. Biometric information | Genetic, physiological, behavioral and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns and sleep, health, or exercise data. | NO | N/A |
| F. Internet or other similar network activity | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | NO | N/A |
| G. Geolocation data | Physical location or movements. | NO | N/A |
| H. Sensory data | Audio, electronic, visual, thermal, olfactory, or similar information. | NO | N/A |
| I. Professional or employment-related information | Current or past job history or performance evaluations. | YES | NO |
| J. Non-public education information (per the Family Educational Rights and Privacy Act) | 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. | NO | N/A |
| K. Inferences drawn from other personal information | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes. | NO | N/A |
3. Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
4. Do Not Sell / Opt-Out
You can always opt not to disclose information to us. You may use the links “Do not sell my personal information” or “Opt-out” links. You have the right to request that we delete any of your personal information that we collected and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records and where appropriate alert our service providers of your request unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- 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.
- Exercise of 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.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
5. Exercising Access and Data Portability
To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request, note that you may also make a verifiable consumer request on behalf of your minor child. You may make a request by either:
- Calling our customer support at +1(877)744-0777.
- Choosing the Opt-out or Do not Sell My Personal Information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it. We cannot respond to request or provide personal information if we cannot verify your identity.
6. Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
7. California’s “Shine The Light” Disclosure
California’s “Shine the Light” law (Civil Code Section § 1798.83) governs our disclosure of California residents’ personal information to third parties for the third-parties’ direct marketing purposes. You may opt-out of all information sharing under this law at the following link: www.agilitycredit.com.
8. Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage at www.agilitycredit.com.
9. Contact Information
If you have any questions or concerns regarding our privacy policies, please contact our compliance officer by sending a detailed message to support@agilitycredit.com.
Alternatively, you may contact us via telephone by calling customer support at +1(877)744-0777.
Last Update: May 2nd, 2022
