LAST REVISED: February 10, 2020
NuBreak collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). As a consumer, you have certain rights regarding your personal information as defined in the CCPA. This Notice provides you with information on how NuBreak collects, uses, and shares personal information. It also outlines the rights you have regarding personal information that we collect from you and describes how you can exercise those rights.
As a company that conducts activities that are financial in nature, NuBreak is a “financial institution” as that term is defined in the Gramm-Leach-Bliley Act (“GLBA”). While the CCPA does not exempt financial institutions, and thus, NuBreak, from its requirements, Section 1798.145(e) of the CCPA does exempt personal information collected by a financial institution pursuant to the GLBA. Accordingly, much, if not all, of the data consumers provide to NuBreak, or that we collect from consumers, will fall within the GLBA exemption to the CCPA’s definition of personal information and thus outside the scope of the CCPA.
NuBreak recognizes the eleven (11) broad categories of personal information referenced in the CCPA that a business may collect about a consumer. In particular, NuBreak has collected the following categories of personal information from consumers within the last twelve (12) months (though most, if not all, such personal information is collected pursuant to the GLBA and is thus exempt from the CCPA):
|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|
|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.
|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|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|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|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||NO|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. 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.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Personal information does not include publicly available information from government records, de-identified or aggregated consumer information, or information otherwise excluded from the CCPA’s scope, such as information collected pursuant to the GLBA. Any personal information or category of personal information collected pursuant to the GLBA would not be considered “personal information” under the CCPA.
Notwithstanding the GLBA exemption to which most, if not all personal information collected by NuBreak is subject, we have obtained the categories of personal information listed above from the following categories of sources:
NuBreak will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing notice to you. Such notice may be delivered, for example, by posting an updated California Privacy Notice.
NuBreak may disclose your personal information to a third party for business purposes. When we do so, NuBreak enters into a contractual arrangement that describes the business purpose and requires the recipient to both: (A) keep that personal information confidential; and (B) not use it for any purpose except performing the obligations under the contract.
We share your personal information with the following categories of third parties for a business purpose:
The CCPA requires NuBreak to provide you with a statement on its personal information disclosures for a business purpose that reference the eleven (11) categories of information reflected in the chart above. In the preceding twelve (12) months, NuBreak has disclosed the following categories of personal information for a business purpose:
The CCPA similarly requires NuBreak to provide you with a statement on its personal information sales. In the preceding twelve (12) months, NuBreak had not sold your personal information. NuBreak does not and will not sell personal information of California consumers.
You have the right to request that NuBreak disclose what personal information we collect, use, and disclose. If we receive and confirm your consumer request as verifiable and no exception applies, we will provide you with:
As previously indicated, NuBreak does not sell the personal information of California consumers.
Subject to certain exceptions, you have the right to request that we delete any of your personal information that we collected from you and retained. If we receive and confirm your consumer request as verifiable, unless an exception applies we will delete (and direct our service providers to delete) your personal information from our records.
The CCPA provides a number a reasons why a deletion request may be denied. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to NuBreak by:
Only you or someone registered with the California Secretary of State and legally authorized to act on your behalf may make a verifiable consumer request related to your 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:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us, but we must also be able to confirm the personal information relates to you. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
NuBreak endeavors to respond to a verifiable consumer request within forty-five (45) days of receiving it. If NuBreak requires additional time to process your request, up to a maximum total of ninety (90) days from the date the request is received, we will notify you of this and inform you of the reason for requiring the additional time.
If you have an online account with us, we will deliver our written response to your online account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request or have denied a request, if applicable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
NuBreak will not discriminate against you for exercising any of your CCPA rights as described above. Unless permitted by the CCPA, NuBreak will not:
How do we respond to Web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services?
We currently do not respond to DNT signals in browsers because we do not track individual users across the web.
May other parties collect personally identifiable information about an individual consumer’s online activities over time and across different websites when they visit www.nationaldebtrelief.com?
We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated Notice on our website and update the Notice’s effective date. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.
970 Reserve Dr #201,
Roseville, CA 95678
Please print and retain a copy of this California Privacy Notice for your records.
For a PDF version of this Privacy Notice For California Consumers suitable for printing as a separate document, please click here . You must have PDF software such as Adobe Acrobat Reader in order to view and print PDF documents. If you need Acrobat Reader, you can download it from Adobe for free by clicking here .
Telephone Calls—Monitoring, Voice Mail, SMS and Email Messages: We, along with our agents, representatives, and service providers (collectively “we” or “us”), may use an automated telephone dialing system and manual calls to provide live and pre-recorded messages to our customers about loan due dates, collection matters and other important information. These messages are played automatically when the telephone is answered whether answered by you or someone else. They may also be recorded by your answering machine or voice mail. You give us your consent to call any telephone number you have given us, even if the number is a work number, cell number or any other number, and even if you are charged for the call. You agree that we may play live and pre-recorded messages with information about any loans(s) you have with us. You agree that we will not be liable to you for any such calls. You also agree that from time to time, we may monitor and record telephone conversations between you and us. Additionally, unless you opt out, you agree to receive messages about loan due dates, collection matters and important information from us via SMS text messages on your cell phone and by email. You also consent that we - or in the event that your account is turned over to a third party for collections, our collections agents - may contact you via email to any email address associated with your account. In addition, you consent that we may transmit SMS/Text messages to any wireless telephone number associated with your account. This agreement shall remain in effect until you opt out. To opt out, you may notify us by replying “STOP” to the message you received from your mobile device, or by sending written instructions to us via email (email@example.com) or regular mail (at the address 500 Grapevine Hwy, Ste 345, Hurst, TX 76054). You may request help by replying “HELP” to the message you received or by calling (800)-796-4004.
By submitting this application I also hereby certify that all the above information is accurate and complete. I authorize and it's financing servicer NuBreak to obtain credit reports on me and to verify any information I provided on this application including my employment history and information about my bank relationships and I authorize these companies aformentioned to obtain "consumer reports" and/or "investigative consumer reports" about me from any consumer reporting agency and/or bureaus, including consumer or commercial credit decisions regarding my credit application, extension of credit, or with respect to any extension or modification of existing credit.
I acknowledge that as an individual there are various Federal and/or State laws such as the "Fair Credit Reporting Act" that control the issuance or use of "consumer reports" and/or "investigative consumer reports" by creditor. I understand that I am not obligated to provide creditor this authorization to review such "consumer reports" and/or "investigative consumer reports". However, I have voluntarily agreed that such reports can be released to creditor so that it will consider my credit application, extension of credit, or with respect to any extension or modification of existing credit.
By my agreement to this policy, I hereby authorize procurement or cause an investigation to be procured, for credit evaluation purposes, whether or not subject to the Fair Credit Reporting Act. I authorize, without reservation, any person or entity contacted by creditor or anyone acting on its behalf, to furnish information regarding verification of my social security number, education, military record, motor vehicle reports, credit history, financial account balance and history, professional licensees, public records, criminal record and/or employment references.
I hereby release credit grantor(s) and any subsequent holders, including its employees, agents or representatives from any and all liability for furnishing such information. I also release creditor from any and all liability for conducting such an investigation. A photocopy, digital agreement, scan or facsimile copy of this Authorization and Release be treated as though it were the original.
By checking the box and clicking “Continue”, you authorize us, our agents, representatives, and service providers to call or send text messages to the mobile number you have provided in your application, and any mobile number you later provide, using an automatic telephone dialing system or prerecorded messages. You are not required to authorize marketing calls or marketing text messages in order to obtain credit or other services from us. If you do not wish to receive, sales or marketing calls or text messages from us, you should not consent to this section. You understand that any calls we make or messages we send you may be accessed by anyone with access to your mobile device. You also understand that your mobile phone service provider may charge you fees for calls or text messages that we send you, and you agree that we shall have no liability for the cost of any such calls or text messages. All standard wireless carrier fees and data charges may apply. At any time, you may withdraw your consent to receive marketing calls or text messages to your mobile device by calling us at (800)-796-4004. Alternatively, simply reply “STOP” to any marketing text message that we send you.
By checking the box and pressing continue below, you consent to receive disclosures from NuBreak (“we” or “us”) electronically through this website or by email.
By consenting to the electronic delivery of disclosures, you agree that we may provide electronically any and all communications concerning
and any further disclosures required by federal or state law (the “Disclosures”). The Disclosures may include disclosures pursuant to:
(1) the federal Equal Credit Opportunity Act and Regulation B
(2) the federal Fair Credit Reporting Act
(3) the federal Truth in Lending Act and Regulation Z
(4) the federal Electronic Funds Transfer Act and Regulation E
(5) the federal Gramm-Leach-Bliley Act
(6) the federal Telephone Consumer Protection Act and
(7) any other applicable federal, state or local law or regulation
Your consent applies not only to the application and any resulting loan but also to any payment plan or other ancillary agreement related to your loan and to any future loans from, or arranged by, us. To electronically receive and view and electronically save or print the Disclosures, you must have:
(1) a personal computer or smartphone with Internet access
(2) a widely-used, recent-generation web browser (for example, Chrome, Internet Explorer, Safari or Firefox)
(3) a portable document file reader (for example, Adobe Reader)
(4) the email address specified on your application (or a new email address you subsequently provide us) and
(5) either a printer, hard drive or other storage device
We anticipate that any emails we send you may have file sizes up to 5mb (but not larger). You should make sure that any spam filter you use is set to allow receipt of messages from firstname.lastname@example.org. If the electronic contact information you have supplied us changes, please notify us of your new contact information by sending an email to email@example.com. You represent that you have the hardware, software, email address and email capacities described above. You have the right to withdraw your consent to receipt of electronic disclosures, but any withdraw of consent will only operate prospectively as to future disclosures. Prior to submission of your application and execution of the loan documents, you may withdraw your consent to receipt of electronic disclosures by exiting this website. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to firstname.lastname@example.org, call (800)-796-4004, or mail a request to 500 Grapevine Hwy, Ste 345, Hurst, TX 76054. Include your name, address, and loan number in any such request. To update the contact information we have for you, please call us at (800)-796-4004 or email your updated information to email@example.com. You have the option to receive any information that we have provided electronically in paper form at no cost to you.