Consumer Privacy Notice

CALIFORNIA CONSUMER RIGHTS NOTICE (effective August 2022)

Maintaining the privacy and security of your Personal Information is AFCO Credit Corporation’s (“AFCO”) highest priority. In doing so, we want to provide transparency regarding how and why your data is collected, how it is used, and with whom it may be shared. This document, as well as AFCO’s Consumer Privacy Notice and Statement of Online Privacy Practices sets forth how we will interact with your personal information. Specifically, it provides information on how you may exercise your California privacy rights. This Notice is directed to consumers who reside in the state of California and relates to collection, use, and disclosure of personal information covered by the California Consumer Privacy Act (CCPA). That said, all of our consumers are welcome to submit questions or requests about their data. 

It is important to note that AFCO does not sell personal information. Because such sales do not occur, there is no link on our websites to opt-out of such activity. 

To help ensure transparency around our handling of consumer personal information, we have established a Consumer Submission process to facilitate receiving and processing requests related to accessing and potentially deleting your data. This process helps us meet certain legal and compliance requirements such as those under the California Consumer Privacy Act (CCPA). It also gives non- California consumers a vehicle to make similar requests.  

CCPA PRIVACY NOTICE

AFCO’s Consumer Privacy Notice and Statement of Online Privacy Practices provide consumers details about our practices concerning the privacy of personal information. This notice provides further information about our practices, along with details concerning how “Consumer Access” (“Right to Know”) and/or “Right to Request Deletion” requests may be submitted. This notice is designed to provide additional information to California residents pursuant to CCPA. 

 The following are some general notes about AFCO’s practices related to the collection, use and sharing of personal information: 

As a financial institution, it is necessary for us to collect certain personal information in order to provide our products and services, fulfill consumer requests, to comply with the federal and state laws and other legal obligations.

Below is a list of categories of personal information we have collected in the past 12 months: 

  • Personal identifiers (ex: name, contact information) 
  • Commercial information                                                
  • Name and Address 
  • Internet or other electronic network activity information 
  • Audio, electronic, visual, thermal or olfactory information (e.g.: voice recordings when you leave a voicemail for an AFCO teammate) 
  • Inferences drawn from any of the above information 

It is necessary for AFCO to share certain personal information with affiliates and/or trusted service providers in order to provide our products and services, and to comply with legal, regulatory and contractual obligations. We may disclose each of the categories of personal information described above to such external or affiliated companies.  When engaging service providers, AFCO ensures that such partners will maintain the information in accordance with our privacy and security standards, and only use the data for the use(s) specified in the contract. Below are categories of third parties with whom we share personal information:

  • Affiliates and other entities in the Truist family
  • Businesses with which we partner to offer products and services for our clients or prospective customers, such as bill pay partners
  • Service providers that provide various services to us, such as those we use to print and send legal notices to you
  • Government entities and other third parties as needed for legal or similar purposes, such as:
    • To respond to requests from our regulators
    • To respond to a warrant, subpoena, governmental audit or investigation, law enforcement request, legal order or other legal process
    • To facilitate a merger, acquisition, sale, bankruptcy, or other disposition of some or all of our assets
    • To exercise or defend legal claims

Purpose for Collection and Use

We collect and use personal information in order to conduct business, manage relationships and accounts, and maintain operational functions at AFCO. In the past 12 months, we have collected and used personal information for the following purposes:

  • Deliver, manage and support products and services (ex: account information, statements, notifications)
  • Manage business operations
  • Assess and manage risk, manage internal financials
  • Meet legal, regulatory, or compliance requirements
  • Manage fraud and financial crimes
  • Support and optimize channels and interactions (ex: improving website performance)
  • Identify and recommend new products and services
  • Provide employee benefits and other services (ex: retirement, health), manage hiring, employment, performance, and staffing

Sources of Personal Information

AFCO collects information from various sources in the course of providing products and services to you, and the sources will vary based on the relationship and products or services we provide to a client or consumer. Below is a list of the categories of sources from which we obtain data:

  • Directly from you or your guardians/representatives
  • Outside service providers, vendors, and third parties from which we collect personal information or market data as part of providing products and services, completing transactions, or supporting operations
  • Outputs from analytics
  • Websites, mobile applications, and social media
  • Our affiliates or subsidiaries
  • Outside merchants or business partners such as credit card or lending partnerships, or corporate clients
  • Public records or publicly available data

AFCO’s NO SALE POLICY

As noted above, AFCO has not sold personal information to third parties in the preceding 12 (twelve) months, including personal information of minors under the age of 16. Therefore, there is no opt-out for the sale of data provided on our website, since there is no activity from which to opt out.

Consumer Access Requests

Consumers may exercise their “Right to Know” under the CCPA to request that AFCO disclose categories or specific pieces of information we may have collected about them over the last 12 (twelve) months, the categories of sources from which that information was collected, the business or commercial purpose(s) for which the information was collected, and the categories of third parties with whom we share personal information.

Consumers are welcome to submit requests for more information by visiting our CCPA link on AFCO’s web site www.afco.com:

  • To submit a data access request for yourself; or
  • To submit a data access request on behalf of another individual; or
  • To dispute or appeal a prior data access request,

-OR-

Consumers are also welcome to submit requests by calling 866-669-0937.

All requests must be verified prior to receiving a response, using AFCO authentication protocols. Requesters will be asked to supply certain basic Personal Information to enable us to validate the requestor is the consumer who is subject to the request, such as name, social security number and address. Information submitted for verification purposes will only be used to verify the requestor’s identity and/or authority to make a request on another’s behalf.

Requests made on another person’s behalf can only be accepted upon receipt of documentation that the requestor is an authorized agent, parent or legal guardian of the consumer whose information is being requested. This will require the submission of a valid Power of Attorney, Birth Certificate, approved AFCO authorization form, Guardianship Order or other court order granting authority to receive information, as appropriate.

Upon submission of a request, California consumers will receive an initial response confirming receipt within 10 (ten) days. A full response will be provided to California consumers within 45 days (unless an extension of up to 45 additional days is requested, upon which the consumer will receive notice and an explanation for the extension).

Please note that AFCO adheres to an exemption within the CCPA for data collected pursuant to the Gramm-Leach-Bliley Act (GLBA). This enables us to best protect the security of our clients and consumers when responding to requests. Data provided pursuant to GLBA is often highly sensitive Personal Information, including financial data, that could lead to identity theft should it land in the wrong hands. Therefore, specific pieces of data collected pursuant to GLBA will not be provided through a Consumer Rights Access Request. 

“Right to Request Deletion” Requests

Consumers also have a right under the CCPA to request deletion of their personal information collected or maintained by AFCO.

The submission methods, authentication protocols, and time frames for response are identical to those referenced above in the “Consumer Access Requests” section. Keep in mind that the GLBA exemption and other legal exemptions may also apply to these requests. For example, AFCO cannot delete data provided by a client to service an active (or recently active) account, because such data is still needed to provide the product or service and/or meet legal retention requirements. Another example would be the inability to delete certain data that is subject to a legal hold.

AFCO will explain in its response the manner in which it has deleted the personal information. Or, if an exemption applies restricting AFCO’s ability to delete the data, AFCO will describe the basis for the denial of the request in its response. Should an exemption apply precluding the destruction of the data, AFCO will not use the consumer’s personal information for any other purpose than provided for by that exemption (for example, if certain data cannot be deleted due to a legal hold, we will ensure that such data is no longer used for AFCO’s marketing purposes).  

NON-DISCRIMINATION

The submission of a “Right to Know” or “Right to Request Deletion” request will have no impact on the service and/or pricing you receive from AFCO. It will not result in any denial of goods or services, or different prices, rates or quality of goods or services.  

UPDATES

This Consumer Rights and CCPA Notice may be revised from time to time, so please review this page periodically. Any changes will become effective when we post the revised notice on the site (please note the effective date listed at the top of this notice). If we revise this or other privacy notices in a manner that materially changes our privacy practices, we will provide conspicuous notice on our website and provide direct notice to our clients.  

CONTACT US

If you have any questions or comments on this notice or our privacy practices generally, please contact us at 866-669-0937

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