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INTRODUCTION
The National Foundation for Credit Counseling® ("NFCC," "we," or "us") is committed to assuring the privacy of individuals and/or families ("you" or "your") who have contacted us for assistance. The terms of this Privacy Notice and Security Policy ("Policy") apply to all web sites operated by NFCC, including www.nfcc.org, www.NFCC.org and www.counselinghelpnow.org (hereinafter collectively referred to as the "Sites"). This Policy does not apply to our offline practices or data collected through offline sources. We realize that the concerns you bring to us are highly personal in nature. We assure you that all information shared orally, in writing, and online through our National Counseling Locator Service (NCLS TM) or through any other counseling request pages offered via the Sites, will be managed within legal and ethical considerations and in accordance with the policies described herein. If you have any questions about these policies, this Privacy Notice, or our privacy practices, please contact us by telephone at (301) 589-5600 or by electronic mail at privacy@nfcc.org.
By using the Sites, you agree to this Policy and to the use of the information we receive and collect as stated herein and in ways we may notify you of in the future. By providing any Personal Information (as described herein) to the Sites, you acknowledge that you fully understand and consent to the collection and processing of such information. The policies and practices described in this Policy are subject to change, but we will communicate any significant changes to you as required by applicable law. The policies and practices described in this Policy replace all previous notices or statements regarding this subject.
- COLLECTION AND USE OF PERSONAL INFORMATION & CONTACT INFORMATION
- COUNSELING PURPOSES
One of the functions of the Sites is to provide an opportunity for you to request a confidential counseling session with a certified counselor from one of the NFCC®'s member agencies ("Member Agencies"). In order to provide counseling services requested by you, the NFCC® and/or a Member Agency may collect the following types of nonpublic personal information from or about you (hereinafter referred to as "Personal Information"):
- Information that we or a Member Agency receive from you online, orally, by telephone or on applications or other forms, such as your name, address, phone number, e-mail address, preferred time/method of contact, primary language spoken, date of birth, social security number, assets, liabilities and income;
- Information about your transactions with us, a Member Agency, your creditors, or others, such as your account balance, payment history, parties to transactions and credit usage;
- Account information, including account balances, payment history, and account usage;
- Information that we or a Member Agency obtain from non-affiliated third parties about your transactions with them; and
- Information that we or a Member Agency receive from a credit reporting agency, such as your credit history.
Furthermore, the Member Agency will have its own Privacy Policy that will apply to you and your Personal Information.
- CONTACT INFORMATION
We also may collect your name, address, telephone number and/or email address (hereinafter, "Contact Information") when you register for one of the Sites, post a message or communicate in one of the public areas of the Sites, send us an inquiry, or otherwise request a particular service from the Sites. Contact Information does not include financial data. For example, if you request a video from one of the Sites, we may collect Contact Information from you in order to facilitate that request. We will use this information in accordance with the terms provided in Section D of this Policy.
The above information is just an example of the Personal Information and Contact Information that may be collected by us via the Sites. From time to time, we may collect Personal Information and Contact Information from you in other ways that are not described above. If you do not want us to collect your Personal Information or Contact Information, please do not provide it to us. You are responsible for ensuring the accuracy of the Personal Information and Contact Information that you submit to NFCC. Inaccurate information will affect the information you receive when using our Sites and tools and our ability to contact you as described in this Policy.
- CATEGORIES OF PERSONAL INFORMATION THAT WE DISCLOSE AND THE CATEGORIES OF NON-AFFILIATED THIRD PARTIES WITH WHOM WE SHARE
We will disclose some or all of the Personal Information to our Member Agencies and their counselors that provide counseling services to you, within our organization, or to our subsidiaries, affiliates, and other related entities.
We and our Member Agencies may disclose some or all of the Personal Information to your creditors or other non-affiliated third parties, such as financial service providers or creditors, where we have determined (i) that it would be helpful to you, (ii) that it would aid us in providing our counseling services to you, (iii) in order to fulfill a service requested by you, (iv) or where it is a requirement of the grant awards that make our services possible. All non-affiliated companies that act on our behalf and receive Personal Information from us are contractually obligated to keep the information we provide to them confidential, and to use the Personal Information we share only to provide the services we ask them to perform.
We and our Member Agencies may also disclose any Personal Information about you to anyone as permitted by law (e.g., if we are compelled by legal process) or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, to protect and defend our rights or property, or to act in urgent circumstances to protect the personal safety of consumers who use our services.
We may also disclose any or all Personal Information about former customers to the following parties or in the following instances: (i) Member Agencies and non-affiliated third parties (e.g., administrators, subsidiaries, program monitors, and agents) to the extent that it is a requirement of grant awards which make NFCC®'s and/or the Member Agencies' services possible; (ii) our organization, subsidiaries, affiliates or other related entities; (iii) agents, representatives or other organizations that work for us; or (iv) as permitted by law (e.g., if we are compelled by legal process).
In addition, NFCC® reserves its right to disclose certain Personal Information that it does not currently disclose to the non-affiliated parties referenced above. From time to time, we may also use anonymous aggregated case file information for the purpose of evaluating our services, gathering valuable research information and designing future programs. This data is not personally identifiable.
The NFCC® and its Member Agencies do not sell, rent, loan, trade, or lease any Personal Information collected on the Sites. All Personal Information is used solely by the NFCC® and its Member Agencies for counseling as directed by the consumer.
- YOUR RIGHT TO OPT OUT OF CERTAIN DISCLOSURES
If you have previously authorized us to share any of your Personal Information, and you no longer wish for us to share such information, you may opt out of having us share such information in the future. If you choose to opt-out, we may not be able to supply to you the services requested by you. To opt-out, please follow the online prompts at the time you submit your information or contact NFCC® by telephone at (800) 313 2227 or by electronic mail at privacy@nfcc.org.
While you have the right to opt-out or prevent us from making future disclosures of your Personal Information to our Member Agencies, their administrators, subsidiaries, program monitors, and agents, opting-out will terminate the counseling services provided to you because NFCC® and its Member Agencies cannot provide these services to you without disclosing your Personal Information. To opt-out, please follow the online prompts at the time you submit your information or contact us by telephone at (800) 313-2227 or by electronic mail at privacy@nfcc.org.
- USE AND DISCLOSURE OF CONTACT INFORMATION
We may use, share and/or disclose your Contact Information in the following instances:
- To fulfill a service to you. For example, if you request a video via the Sites, we may have to use or disclose your Contact Information in order to provide this service to you. We also may have to share your Contact Information to process your registration on our Sites. We also may use your Contact Information to contact you about products or services that we believe may be of interest to you.
- To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your Contact Information for research, administrative and/or internal business purposes. These parties may use your Contact Information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your Contact Information in this manner, please do not provide us with this information.
- To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending communications to our members on our behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions).
- To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property or act in urgent circumstances to protect the personal safety of our end users.
- To third parties as part of any reorganization process including, but not limited to, mergers or acquisitions.
- To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
- To protect against potential fraud, we may verify with third parties the information collected from this Sites. In the course of such verification, we may receive Contact Information about you from such services. In particular, if you use a credit card or debit card on the Sites, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.
Except as described in this Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your Contact Information to any third parties.
- THE CONFIDENTIALITY AND SECURITY OF YOUR INFORMATION
Within NFCC®, we restrict access to Personal Information to those employees who need to know that information to provide services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your Personal Information.
The Sites use reasonably secure technology to protect your Personal Information and transmissions between you, NFCC, Member Agencies, and counselors. Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as Microsoft Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later). Transmissions between the Sites and participating Member Agencies and counselors are encrypted using public key cryptography algorithms with a minimum key size of 128 bits. Our database is physically separated from our web server and is protected by a physical firewall.
With respect to your Contact Information, we take all reasonable measures to ensure that this information remains as secure as reasonably possible.
Although NFCC® has taken these reasonable and appropriate measures to ensure that your Personal Information is delivered and disclosed only in accordance with your instructions, NFCC® cannot and does not guarantee that the Personal Information or Contact Information that you provide, or that Member Agencies or counselors provide about you will not be intercepted by others and decrypted.
- COLLECTION, USE AND DISCLOSURE OF NON-PERSONALLY IDENTIFIABLE INFORMATION
"Non-Personally Identifiable Information" can be technical information or it can be demographic information, such as your age, gender or your interests. Non-personally identifiable information does NOT identify you personally. Here are some examples of the non-personally identifiable information that is collected via the Sites and a description of how this information is used:
- Internet Protocol (IP) address - Your IP address is a number that lets computers attached to the Internet know where to send your data, such as the webpages you view.
- Cookie - A "cookie" is a small text file that may be used to collect information about your activity on the Sites. For example, when someone visits a page within the Sites, a cookie is placed on the user's machine (if the user accepts cookies) or is read if the user has visited the Sites previously. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but if you do, you may not be able to take advantage of the personalized features enjoyed by other users to our Sites.
Non-personally identifiable information is used as described above and in other ways as permitted by applicable laws, including combining non-personally identifiable information with Contact Information.
- CHOICE OF LAW
This Policy is governed by the laws of the State of Maryland, without resort to its conflict of laws principles. If any provision of this Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy. You expressly agree that exclusive jurisdiction for any dispute with NFCC, or in any way relating to your use of the Sites, resides in the courts of the State of Maryland.
- INFORMATION FOR RESIDENTS OF VERMONT & CALIFORNIA
- Vermont: NFCC® will not share Personal Information we collect on Vermont residents with affiliates or entities outside NFCC except as permitted by law, such as with the written authorization or consent of the customer or to service the customer's accounts.
- California: NFCC® will not share Personal Information we collect on California residents with entities outside NFCC® except as permitted by law, such as with the written authorization or consent of the customer or to service the customer's accounts. NFCC® will limit the sharing of Personal Information with affiliates to the extent required by California law.
- INFORMATION FOR RESIDENTS OF NEVADA
Nevada law requires that we also provide you with the following contact information:
- Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Telephone Number - (702) 486 3132; Electronic Mail - bcpinfo@ag.state.nv.us.
- National Foundation for Credit Counseling, 801 Roeder Road, Suite 900; Silver Spring, Maryland 20910; Telephone Number - (301) 589-5600 or (800) 313-2227; Electronic Mail - privacy@nfcc.org.
- DISCLAIMERS AND LIMITATIONS
NFCC® intends that the information contained on the Sites be accurate and reliable; however, errors may occur. In addition, changes and improvements to the information provided herein may be made by us at any time.
THE SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". NFCC AND/OR ITS SUPPLIERS, PARTICIPATING MEMBER AGENCIES AND THEIR COUNSELORS, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE SITES AND/OR NFCC'S SERVICES IS AT YOUR OWN RISK. NFCC AND/OR ITS SUPPLIERS, ITS MEMBER AGENCIES AND THEIR PARTICIPATING COUNSELORS, OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES AND/OR NFCC®'S AND ITS MEMBER AGENCIES AND THEIR PARTICIPATING COUNSELORS SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NFCC AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- LINKS TO THIRD PARTIES
The Sites may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. NFCC® does not operate or control in any respect any information, software, products or services available on such web sites. NFCC®'s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
- CHANGES TO THIS PRIVACY POLICY
We reserve the right to change this Policy from time to time. When we do, we will also revise the "last update" date at the bottom of this privacy policy. We will notify you of any such changes in accordance with applicable laws.
- HOW TO CONTACT US
If you have any questions about this Policy, or if you would like more information on the Personal Information or Contact Information maintained by NFCC, please contact us by email or telephone:
Privacy Officer
National Foundation for Credit Counseling
801 Roeder Road, Suite 900
Silver Spring, Maryland 20910
(301) 589-5600
(800) 313-2227 (Toll-Free)
privacy@nfcc.org
Effective Date: April 20, 2009
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