INFORMATION WE COLLECT
The Company collects both personal and non-personal information from you in order to support the below activities:
- Use of our website;
- Request for quotes, services, support, downloads, trials, whitepapers or information;
- Placement of orders for products or services;
- Registering for events or webinars;
- Subscribing to newsletters, Company programs, promotional emails or other materials;
- Applying for a job, including submitting your resume/CV or creating a candidate profile; or
- Contacting us via phone or online
Most commonly, personal information including your first and last name, email address, home address and telephone number is collected to support these activities. Specifically,
- When you visit our website, we may collect information including the pages you view, the links and advertisements you click, search terms you enter, and other actions you take in connection with our website and services. We may also collect certain information from the browser you used to come to our website, such as your Internet Protocol (IP) address, browser type and language, access times, the Uniform Resource Locator (URL) of the website that referred you to our website and to which URL you browse away from our site if you click on a link on our site.
- Placement of orders for products or services may involve the collection of personal information including bank account details, Social Security number (SSN), and total debt amount.
- Applying for a job may involve the collection of personal information including educational background, employment experience and job interest.
When submitting any information to us for these activities, the forms that you choose to complete will indicate whether the information requested is mandatory or voluntary.
In order to offer you a more consistent and personalized experience in your interactions with the Company, information collected through one source may be combined with information we obtain through other sources. This may include information that allows us to identify you across multiple devices through which you access our websites. We may also supplement the information we collect with information obtained from other parties, including our business partners and other third parties.
Some Company services may be co-branded and offered in conjunction with another company. If you register for or use such services, both the Company and the other company may receive information collected in conjunction with the co-branded services and may use the information according to each company’s privacy statement and other agreements with you.
How We Use Personal Information
The Company may use the Personal Information we collect to:
- Deliver the services and support to carry out the transactions you have requested;
- Send communications to you such as your transaction status including service confirmations, information about particular Company programs in which you have chosen to participate, information about products and services available from the Company and promotional offers and surveys;
- Facilitate communications from the Company business partners;
- Customize, analyze and improve our products, services (including the content and advertisements on our website), technologies, communications and relationship with you;
- Enforce our conditions of sale, website terms and/or separate contracts (if applicable) with you;
- Prevent fraud and other prohibited or illegal activities;
- Protect the security or integrity of our website(s), our business(es), or our products or services; or
- Otherwise, as disclosed to you at the point of collection.
The Company collects and subsequently stores all personal data within the United States.
Disclosing Personal Information
We may share your Personal Information with service providers to carry out transactions you request, or to make our business more responsive to your needs, which includes third parties providing you with information about the Company, and the Company’s branded products and services. These communications may include requests relating to the Company and the Company-branded products or services or offers. We will only share your Personal Information with third parties who agree to protect your Personal Information and use it solely for the purposes set forth by the Company.
In addition, the Company may share your Personal Information with participants in our sales and marketing chain, including but not limited to retailers, resellers, distributors, integrators, order fulfillers and some sales agents (“Channel Partners”), for the limited purposes of selling, marketing or providing support for the Company’s products and services.
We may also disclose your Personal Information in connection with law enforcement, fraud prevention or other legal action; as required by law or regulation; if the Company (or a part of the Company) is sold or merges with another company; or if the Company reasonably believes it is necessary to protect the Company, its clients or the public.
Except as described above, we will not disclose your Personal Information to third parties solely for their own marketing purposes without your consent.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
We may disclose a consumer’s personally identifiable information in order to effect or carry out any transaction that you have requested of us or as necessary to complete our contractual obligations with you. We prohibit the sale or transfer of personal information to non-affiliated entities for their use without giving you the opportunity to opt-out (See Opt-Out below). We may share your personally identifiable information with affiliated companies that are directly or indirectly controlled by, or under common control of No Failing Debt Relief. We may send personally identifiable information about you to non-affiliated companies that are not directly or indirectly controlled by, or under common control of, No Failing Debt Relief. The personal information collected on this site and by third parties will be used to operate the site and to provide the services or products or carry out the transactions you have requested or authorized. We may change or broaden the use of your personal information at any time. We may use your personal information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, banner advertising, and other possible uses.
No Failing Debt Relief, LLC Service Providers
We may use other third parties to provide certain clerical and information processing and
shipping services on our site. When you sign up for our services, we will share only as much information as is necessary for the provision of those services.
These third parties are prohibited from using your personally identifiable information for any other purpose.
UNSUBSCRIBE FROM COMMUNICATIONS
We provide you the opportunity to ‘unsubscribe’ your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference to a client service representative.
If you no longer wish to receive promotional communications, you may opt-out of receiving them by following the instructions included in each communication or by emailing or calling us per the information contained on our contact page. You may also go to: www.mail-opt-out.org.
If you do not wish to have your personal information collected by any third party that is not our agent/service provider, please contact our client service department to actively opt-out of having your personal information shared. This opt-out provision is limited to any use of your personal information other than the management of your No Failing Debt Relief account. This election has no bearing on your account status with No Failing Debt Relief. Any change in your account status must be made in accordance with the provisions contained in your enrollment documents. To opt-out, email our client service department with “opt-out” and your client ID number in the subject line of your message.
SELL OR SHARE MY PERSONAL INFORMATION
The Company does not share personal information about its clients with third parties; however, if you elect to not employ our services, we may share certain information with carefully selected third party service providers such as your name, phone number, email address and physical address. Under California’s CCPA law, persons residing in California can request we not share their personal information with any third parties. By clicking on this link, we will not share your personal information with third-party service providers. We do not advertise or target our business to consumers who are under the age of 18. If personal information is collected and is discovered to be about an individual under the age of 18, we will immediately take steps to remove this information and cease selling any information about that person.
SECURING THE TRANSMISSION AND STORAGE OF INFORMATION
The security of your personal information is extremely important to us. We employ generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
Our site uses SSL (Secure Sockets Layer) security technology to encrypt information you provide to us through the site when entering sensitive information (such as credit card number and/or social security number) on our registration or order forms. This ensures that your information is encrypted as it travels over the Internet. SSL is an industry-standard protocol for encryption over the internet.
After information reaches No Failing Debt Relief, it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of No Failing Debt Relief. You can help to maintain the security of your online transactions by not sharing your personal information or password with anyone. Remember, no method of transmission over the Internet, or method of electronic storage, is 100% secure (example: any information you provide us by email is not encrypted). Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about the security on our website, please feel free to email us.
To support the function of our website and to provide you with a personalized experience while visiting our site, we place small data files called “cookies” on your device.
Cookies allow you to take advantage of some of the Company’s essential features. Many browsers are set to accept cookies by default. You have the ability to accept or decline cookies as you prefer. The “Help” portion of your web browser, most likely found on the toolbar, typically tells you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our website and services that depend on cookies.
Additionally, our site employs “clear gifs” which are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users and help us better manage content on our site by informing us what content is effective. For example, we use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence.
As is true of most websites, the information we automatically gather from cookies and clear gifs is then stored in a “log file.” We use this information to analyze trends, administer the site, track users’ movements around the site and to gather demographic information about our user base as a whole, such as age, gender and income.
We do not link this automatically collected data to personally identifiable information.
LINKS TO OTHER SITES
While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the applicable privacy policies and terms of conditions of each and every Web site that collects personally identifiable information.
This privacy statement applies only to information collected by this Service.
We may be co-branded with “partners and affiliates”. These business to business relationships are helpful to us and to you as they afford all concerned with greater product and service opportunities.
We always provide opt-out opportunities regarding the sharing of your information with such partners and affiliates. Please note the sites linked to our site are governed by their own privacy policies which may or may not reach the standards set by our company.
If you send us correspondence, including emails, voice mails, forms, chat sessions and faxes, we may retain such information in your client file. Information you give us over the telephone may be noted for your file. We may also keep copies of any correspondence sent to you. We retain these records in order to provide the products and services you have requested and to measure and improve our client service. We may, over time, delete these records as permitted by law. Phone calls may be recorded or monitored for client satisfaction or training purposes.
Based upon the personally identifiable information you provide, we may communicate with you to provide the services you request, and to manage your account. We may communicate via email or telephone, in accordance with your wishes.
We reserve the right to disclose your personally identifiable information, as required, to comply with the law, applicable regulations, governmental and quasi-governmental requests, judicial proceedings, court orders or subpoenas, to enforce our Legal Notices or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.).
SUPPLEMENTATION OF INFORMATION
In order to provide certain services to you, we may on occasion supplement the personal information you submitted to us with information from third party sources.
In the event our company goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email and/or a prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.
RIGHT TO ANTI-DISCRIMINATION
The Company does not and will not discriminate against any customer or client that exercises their rights under the California Consumer Privacy Act. Those rights include requests to access personal information, to delete information, and to opt out of the sale of personal information.
The statutory language specifies that discrimination includes, but is not limited to:
(a) denying goods or services to consumers;
(b) charging different prices or rates for goods or services, including through the use of discounts, benefits, or other penalties;
(c) providing a different level or quality of goods or services; and
(d) suggesting that a consumer will receive a different price or quality of goods or services if the consumer exercises rights under the law.
The CCPA provides certain exceptions to the general prohibition on discrimination. Businesses may charge consumers different prices or offer different levels of service if the difference is “reasonably related to the value provided to the consumer by the consumer’s data.” The CCPA also permits businesses to offer financial incentives—including payments to consumers as compensation for the collection, sale, or deletion of personal information—if the programs are not “unjust, unreasonable, coercive, or usurious in nature,” and if businesses notify consumers of these financial incentives, obtain opt in consent prior to enrolling a consumer in a financial incentive program, and provide consumers with the opportunity to revoke consent for such programs at any time.
The Challenge of Calculating the Value of the Data to the Consumer
Prohibited discrimination under the CCPA includes offering different prices, qualities of goods, or levels of service. But businesses are permitted to offer different prices or levels of service, if the difference is “reasonably related to the value provided to the consumer by the consumer’s data.”
The Practical Impacts on Businesses’ Data Sharing Relationships
In light of the broad definition of “sale,” consumers’ right to opt out of the sale of their personal information could disrupt many existing data sharing relationships. Businesses or affiliates exchanging data about their mutual customers, even as part of a broader relationship, could potentially be viewed as engaging in a “sale” if it could be viewed as in exchange for “other valuable consideration.” Such “sale” transfers would therefore be subject to consumer opt out. And this broadly framed right to opt out of the sale of personal information, combined with the anti-discrimination provision, has the potential to significantly impact data-supported business models.
NEW REQUIREMENTS ON CHILDREN’S AND TEEN’S DATA
The CCPA prohibits businesses from selling data of consumers that they have actual knowledge are under the age of 16, unless they have received opt-in consent (i.e., affirmative authorization) for such sale from: (1) for consumers under the age of 13, the consumer’s parent or guardian; or (2) for consumers aged 13-16, the consent of the consumer. A business that willfully disregards the consumer’s age is deemed to have actual knowledge of the consumer’s age. Cal. Civ. Code § 1798.120. The Company does not advertise or target its business to consumers that are under the age of 16. If personal information is collected and is discovered to be about an individual under the age of 16, the Company will delete the information.
ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION
If your personally identifiable information changes, or if you no longer desire our products or services, you may correct, update, delete or deactivate same by emailing our Client Support by contacting us by telephone or postal mail at the contact information listed below.
REQUEST TO KNOW
You have the right to request that the Company disclose certain information to you about our collection and use of personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The collection of personal information we collected about you;
2. The categories of sources for the personal information we collected about you;
3. Our business or commercial purpose for collecting or selling that personal information;
4. The categories of third parties with whom we share that personal information;
5. The specific pieces of personal information we collected about you; and
6. If we sold or disclosed your personal information for a business purpose, and, if so, the following information:
- Sales, identifying the personal information categories that each category of recipient purchased; and
b. Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
If you have any further questions regarding this matter contact us.
SUMMATION OF CONSUMER RIGHTS
The Company adheres to the California Consumer Privacy Act (“CCPA”) by offering the following rights to our consumers. The right to know what personal information we collect, maintain, disclose, or sell about you. The right to delete the personal information we maintain about you. The right to opt-out of the sale of your personal information. The right to non-discrimination for exercising these rights. The ability to use a designated authorized representative to exercise your rights on your behalf.
The Company also provides the ability for you to unsubscribe from marketing communications you may receive via phone, email, or postal mail.
CHANGES TO THIS PRIVACY STATEMENT
We reserve the right to modify this privacy statement at any time. We will not jeopardize your privacy. The provisions contained in this privacy statement supersede all previous notices or policies regarding our privacy practices with respect to this site. Any and all changes will be made here, to this privacy statement.
We encourage you to check our site frequently to see the current privacy statement to be informed of how we are committed to protecting your information and providing you with improved content on our website in order to enhance your online experience. Upon any material changes to the policy statement, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
This policy was last reviewed in January 2020.
Terms of Service
No Failing Debt Relief may provide the “User” with access to its website content, resources, tools for communication, public forums, commerce platforms, and other services (the “Service”). No Failing Debt Relief provides its Service to the User, subject to the following Terms.
No Failing Debt Relief is not responsible for providing you access facilities or equipment (in any form) to its Service. You, the “User” or “You”, also agree that the Service may include advertisements, analytics and sponsorships and that such things are necessary for No Failing Debt Relief to provide the Service. You also agree that No Failing Debt Relief makes no representation or warranty about the suitability, reliability, availability, timeliness, accuracy of the information, products, services and related graphics contained within the Service for any purpose. The Service is provided “as is” without warranty of any kind. No Failing Debt Relief hereby disclaims all warranties and conditions with regard to the Service.
THE SERVICE IS SUBJECT TO ANY APPLICABLE RETAINER AGREEMENTS AND DISCLAIMERS.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Service is provided to User under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by No Failing Debt Relief as part of its Terms of Service and related disclosures which are cumulatively included herein by reference. The No Failing Debt Relief Terms of Service comprise the entire agreement between the User and No Failing Debt Relief and supersedes any prior agreements pertaining to the subject matter contained herein. BY CLICKING THE “SUBMIT” BUTTON, YOU ARE AGREEING TO BE BOUND BY THE No Failing Debt Relief Terms of Service, Legal Disclaimer and applicable terms of the Retainer Agreement.
No Failing Debt Relief reserves the right to change any of the terms, conditions, and notices under which the Services are offered. You are responsible for regularly reviewing these terms and conditions, including changes/modifications, if any, incorporated by us from time to time. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION TO THE SERVICE
No Failing Debt Relief reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice to the User at any time and from time to time. The User agrees that No Failing Debt Relief shall not be liable to the User or any third party for any modification or discontinuance of the Service.
As a condition of your use of the Service, you will not use the Service for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through the Service. You agree not to use the Service to: (a) Obstruct or hinder the use and enjoyment of the Service by other Users; (b) Violate any applicable local, state, national, and international laws and regulations; (c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Interfere with or disrupt the Service or servers or networks connected to the Service, or defy any requirements, regulations or guidelines of networks connected to the Service; (e) Transmit or otherwise make available any material in connection with surveys, chain letters, junk e-mail, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise); (f) Upload, post, e-mail, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, or transmit anything that is ethnically or otherwise objectionable; (g) Upload, post, e-mail, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same; (h) Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another; (i) “Stalk” or otherwise harass other users; collect or store personal data about other user;. (j) Advertise, promote or offer to sell or buy any goods or services for any business purpose unless the Service specifically allows such messages or transactions; (k) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service; (l) Violate the Fair Credit Reporting Act, the Fair Debt Collection Practices Act or any other law; or (m) Conduct any activity that would aid or assist terrorism or related activity or would endanger U.S. military personnel.
No Failing Debt Relief has no obligation to observe and monitor the Service. However, No Failing Debt Relief reserves the right to review materials posted and to remove any materials. No Failing Debt Relief also reserves the right to terminate your access to any or all of the Services, at any time, without notice, for any reason whatsoever.
No Failing Debt Relief reserves the right subject to attorney-client privilege to the extent applicable and to the extent the same is not waived through these provisions, at all times to divulge any information as it considers necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. These would be more applicable to the publicly accessible areas of the Service that are intended to be available to the general public. For example, publicly accessible areas of the Service would include message boards and chat rooms that are open to both registered users and visitors.
In view of the global nature of the World Wide Web, the User understands and agrees that technical processing of tools of communication is (and may be) required to send and receive messages, to correspond/conform to the technical requirements of connecting networks, to correspond/conform to the limitations of the Service, or to correspond/conform to other, similar technical requirements.
Registration information and certain other information about you are subject to our Disclaimer. For more information, see our Legal Disclaimer.
LIMITATION OF LIABILITY
You expressly understand and agree that to the extent permitted by law, No Failing Debt Relief shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if No Failing Debt Relief has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) the provision of debt settlement or negotiation Services; or (vi) any other matter relating to the Service.