California Privacy Statement
“We,” “us” or “our” means Fay Servicing, LLC
“You” or “your” means each California Resident covered by this California Privacy Statement
This California Consumer Privacy Act Policy (“Policy”) is for California Residents only and supplements our Privacy Notice located at https://fayservicing.com/privacy-policy. This Policy describes the Personal Information we collect in the course of our business, explains how this information is collected, used, shared, and disclosed, describes rights provided by the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA) to you regarding your Personal Information, and explains how you can exercise those rights. You can print a copy of this Policy by visiting https://fayservicing.com/privacy-policy/california-privacy-statement/.
What is Personal Information?
We may collect, use, or share your “Personal Information.” Personal Information is information that identifies, relates to, describes, is reasonably capable of being associated with, or could re asonably be linked, directly or indirectly, with you or your household. “Personal Information” does not include: (1) publicly available information, such as information that is lawfully made available from federal, state, or local records, and (2) de-identified or aggregate consumer information.
With a limited exception, and as noted in other sections of this Policy, certain provisions of the CCPA do not apply to:
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Certain Personal Information covered by or collected under industry-specific privacy laws including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, the California Confidentiality of Medical Information Act, the Fair Credit Reporting Act, the Driver's Privacy Protection Act of 1994, the California Financial Information Privacy Act, and the Gramm-Leach-Bliley Act.
Categories of Personal Information
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Identifiers. This may include a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address , email address, account name, government-issued identifiers, such as Social Security number, driver's license number, and passport number.
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Personal Information Under California Customer Records Law. This may include 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.
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Characteristics of Protected Classification under California or Federal Law. This may include age, 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).
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Commercial Information. This may include transaction information and records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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Biometric Information. This may include fingerprints, faceprints, voiceprints and other biological or behavioral characteristics that can be used to establish your identity.
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Geolocation Data. This may include physical location or movements (such as device location and Internet Protocol (IP) location).
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Sensory Data. This includes audio, electronic, visual, thermal, olfactory, and similar information, such as call and video recordings.
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Professional or employment-related information. This may include current or past job history or performance evaluations.
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Non-Public Education Information. This is non-public education information under the Family Educational Rights and Privacy Act and may include education records directly related to a student maintained by an educational institution or party acting on its behalf, such as report cards, transcripts, class list s, student schedules, student identification codes, student financial information, and student disciplinary records.
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Internet and Electronic Network Activity Information. This may include browsing history, search history, interactions with our website.
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Inferences From Other Personal Information. This includes inferences from your Personal Information to create a profile about, for example, your preferences and characteristics.
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Sensitive Personal Information. This may include a Social Security number, driver’s license, state identification card, or passport number; an account log-in; financial account, debit card, or credit card number along with any security or access code, password, or other credentials allowing account access; precise ge olocation; racial or ethnic origin, citizenship or immigration status, religious or philosophical beliefs; or union membership; content of mail, email, and text messages unless the business is the intended recipient of the communication; genetic data; biometric information; personal health information; and information concerning a consumer’s sexual orientation and/or practices.
Categories of Sources From Whom We Collect Personal Information
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You. We obtain your Personal Information when you give it to us. For example, when you contact us by email or telephone, or by any other means.
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Social Media. We collect Personal Information that you choose to make public, including via social media. For example, we may collect information from your social media profile(s) to the extent that you choose to make your profile publicly visible.
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Website or Mobile App Activity. We collect or obtain Personal Information when you visit any of our Sites or use any features or resources available on or through a Site. When you visit a Site, your device and browser may automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates, and times of connecting to a Site and other technical communications information), some of which may constitute Personal Information.
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Service Providers. We may collect your Personal Information from service providers that support our ability to offer products and services to yo u, including as insurance services, tax-related services, title services, settlement services, bankruptcy services, foreclosure services, website hosting, data analysis, payment processing, information technology and related infrastructure, customer service, email delivery, auditing, marketing, and marketing research activities.
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Third Party Partners. Partners and Third Parties who provide services such, legal expertise, tax expertise, notaries and auditors, and others.
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Loan and Servicing Transactions. We collect your Personal Information when we engage in transactions with other businesses. For example, we may acquire your Personal Information if we purchase or acquire your loan, purchase or acquire your servicing rights to a loan, or if we subservice your loan for another person.
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Affiliates. We may acquire your Personal Information from one of our affiliates or subsidiaries.
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Public Record Sources. We acquire your Personal Information from Federal, State or Local Government Sources.
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Business Customers. Information from business customers about individuals associated with the customers (e.g., an employee or board member).
Categories of Third Parties to Whom We Disclose Personal Information for Our Business Purposes Described in this Privacy Statement
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Affiliates. Affiliates and subsidiaries of Fay Servicing, LLC in the course of our normal business operations and as needed to address our corporate structure.
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Government Agencies. Government and regulatory agencies as required by law and regulation.
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Service Providers. We may collect your Personal Information from service providers that support our ability to offer products and services to yo u, including as insurance services, tax-related services, title services, settlement services, bankruptcy services, foreclosure services, website hosting, data analysis, payment processing, information technology and related infrastructure, customer service, email delivery, auditing, marketing, and marketing research activities.
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Third Party Partners. Partners and Third Parties who provide services such as legal expertise, tax expertise, notaries and auditors, and others.
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Owner of your Loan. If we act as the servicer of your mortgage loan for a third party, we provide your Personal Information to the owner of your loan or the owner of the servicing rights to that loan.
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Data Aggregators.
How We Use Your Personal Information
We use your Personal Information to operate, manage, and maintain our business; to provide our products and services; and to accomplish our business purposes and objectives, including the following:
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Account Services: Offering our account services, including: (1) establishing, maintaining, supporting, and servicing an account you may have opened with us and for which you provided the information or that you may have applied for or established with us; (2) providing services, products, or information you may have requested from us; and (3) providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, or providing similar services on our own behalf or on the service provider’s behalf.
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Employee Prospecting: To review and consider your application and conduct pre-employment screening (e.g., security and background screenings) if we decide to offer you employment; to administer recruitment and staffing activities; and to manage and improve our recruitment processes and our business operations related to the recruitment process.
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Workforce Administration: Administering and providing compensation, benefits, and other work-related allowances, as applicable; employee performance assessments and management; managing our information technology (e.g., computers, phones, company systems, and applications) and information security, including the helpdesk, corporate directory, and IT support.
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Security and Fraud Detection: Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity.
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Debugging: Debugging to identify and repair errors that impair existing intended functionality.
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Improvement of Products and Services: Verify, maintain, and improve our products and services including the monitoring of those products and services completed by service providers.
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Internal Research: We use Personal Information for our internal research related to technological development and demonstration.
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Advertising and Marketing Services: We use Personal Information to provide advertising or marketing services on our own behalf.
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Legal Obligations: We use Personal Information to comply with legal obligations.
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Audits: We use Personal Information to comply with corporate financial responsibilities, including audit requirements (both internal and external), accounting, cost/budgeting analysis and control, vendor management and due diligence audits, and to audit current interactions with you and related transactions (e.g., counting and verifying ad impressions, auditing compliance).
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Merger/Acquisition/Bankruptcy, etc.: We may use your Personal Information as part of a merger, acquisition, bankruptcy, or other transaction where a third party assumes control of us.
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Commercial/Economic Interests: We use Personal Information to advance our commercial or economic interest.
The following table outlines the categories of Personal Information that we have collected about California Residents in the last 12 months. For each category, if applicable, we have identified the categories of third parties with whom we share Personal Information.
Categories of Personal Information
(Refer to headings above)
Have We Collected This Personal Information in the Last 12 Months?
The Categories of Service Providers and Third
Parties to Whom we Disclose Personal Information
(Refer to headings above)
Identifiers
Yes
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Service Providers
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Third Party Partners
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Owner of your Loan
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Government Agencies
Personal Information Under California Customer Records Law (Cal. Civ. Code § 1798.80(e)).
Yes
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Service Providers
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Third Party Partners
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Owner of your Loan
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Government Agencies
Characteristics of Protected Classification Under California or Federal Law
Yes
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Service Providers
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Third Party Partners
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Owner of your Loan
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Government Agencies
Commercial Information
Yes
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Service Providers
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Third Party Partners
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Owner of your Loan
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Government Agencies
Biometric Information
No
N/A
Internet and Electronic Network Activity Information
Yes
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Service Providers
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Affiliates
Geolocation
No
N/A
Sensory Data
Yes
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Service Providers
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Third Party Partners
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Owner of your Loan
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Government Agencies
Professional or Employment-Related Information
Yes
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Service Providers
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Third Party Partners
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Owner of your Loan
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Government Agencies
Non-Public Education Information
Yes
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Service Providers
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Third Party Partners
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Owner of your Loan
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Government Agencies
Inferences from Other Personal Information
No
N/A
Sensitive Personal Information
Yes*
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Service Providers
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Third Party Partners
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Owner of your Loan
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Government Agencies
*Only specific pieces of Sensitive Personal Information are collected. In disclosing we collect Sensitive Personal Information, it should be understood that we collect this information insofar as it does not contradict with specific pieces of information disclosed as not collected under other categories.
Categories of Personal Information That We Have Disclosed for a Business Purpose in the Last 12 Months
In the preceding 12 months, we disclosed Personal Information for business purposes to the persons described in the Table above:
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Identifiers
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Personal Information described in the California Customer Records Statute (see description above)
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Characteristics of Protected Classification under California or Federal Law
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Commercial information
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Internet and Electronic Network Activity Information or other similar network activity
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Sensory data
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Professional or employment-related information
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Non-public education information
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Sensitive Personal Information
Selling and Sharing Your Personal Information
We have not sold or shared any Personal Information, including Sensitive Personal Information, in the past 12 months. For purposes of this Disclosure, “sold” means the disclosure of Personal Information to a third-party for monetary or other valuable consideration. For the purposes of this Disclosure, “shared” means storing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's Personal Information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.
Further, we do not and will not sell or share any Personal Information, including Sensitive Personal Information.
We do not sell or share the Personal Information, including Sensitive Personal Information, of minors less than 16 years of age.
Your Rights under the CCPA
The CCPA provides you with certain rights regarding the collection, use, retention, correction, and disclosure of your Personal Information.
Your Right to Know About Personal Information Collected, Used, or Disclosed
You have the right to request that we provide you with certain information about the Personal Information we collect, use, or disclose about you as well as the categories and specific pieces of information that we have collected about you in the 12 months before you submit a request for this information that we can verify. Specifically, you have the right to request the following information:
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The categories of Personal Information we have collected about you in the preceding 12 months.
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The categories of sources from which we have collected Personal Information about you.
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Our business or commercial purpose for collecting your Personal Information.
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The categories of third parties with which we share your Personal Information.
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The categories of Personal Information that we disclosed about you for a business purpose in the preceding 12 months, and for each category of Personal Information that we disclosed, the categories of third parties to whom we disclosed that particular category of Personal Information.
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The specific pieces of Personal Information we have about you.
However, there is certain information that we will not disclose to you. This information includes but is not limited to your Social Security number, driver license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answer.
Your Right to Correct Inaccurate Information
You have the right to request that we correct any inaccurate Personal Information we maintain about you. Once we receive and confirm your verifiable consumer request, if we determine that we must comply with a request to correct your Personal Information maintained in our records, we will use commercially reasonable efforts to correct the identified inaccurate Personal Information; we will also direct any service providers we work with to also correct your Personal Information maintained in their records.
We will accept, review, and consider any documentation provided in relation to a Request to Correct, whether voluntarily provided or as requested by us to validate the disputed information. We may deny your request if we determine the contested Personal Information is accurate. Please note that we may deny your correction request for a number of other, different reasons, which are identified in the CCPA.
The Right to Request Deletion of Personal Information
You have the right to request that we delete any Personal Informationthat we have collected from you and maintained about you. Once we receive and confirm your verifiable consumer request, if we determine that we must comply with a deletion request and delete your Personal Information from our records, we will also direct any service providers we work with to also delete your Personal Information from their records.
Please note that we may deny your deletion request for a number of different reasons, which are identified in the CCPA.
Submitting a Verifiable Request to Know About Personal Information Collected, or Disclosed, or Request to Correct Personal Information, or a Request to Delete
To exercise your Right to Know, Right to Correct, or Right to Delete, please submit a verifiable consumer request to us by either:
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Calling us at 800-495-7166
To submit a verifiable consumer request, you may be asked to provide the following information:
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Your name
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Name on the account
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Your association to Fay Servicing
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Property Address
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Email address
For a Request to Correct, you may be subsequently requested to provide additional documentation in support of your claim and rebut our own documentation of your Personal Information. Any additional information or documentation provided to us will only be used and/or maintained for the purpose of validating your request, and to comply with recording -keeping obligations under the CCPA.
Only you (or an authorized agent) may make a verifiable consumer request for your Personal Information or to delete your Personal Information.
How We Verify Your Request to Know or Request to Delete
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Password-Protected Accounts: If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account. We will also require you to re-authenticate yourself before we disclose your Personal Information using the following information:
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Name on the account
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Last four digits of your Social Security or Tax ID number
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Property address
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Email Address
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If we suspect fraudulent or malicious activity on or from your account, we will not comply with your request until we perform further verification to determine whether your request is authentic, and you are the person about whom we have collected the Personal Information.
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Non-Account Holders: If you do not hold a password-protected account with us, we will verify you as follows:
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If you submit a request to know the categories or specific pieces of Personal Information, you may be asked to provide us with the name on the account, loan number, property address, and email address which we will match with the name on the account, property address, and email in our system to verify your identity. You will also be required to submit a signed declaration under penalty of perjury stating that the requestor is the consumer whose Personal Information is the subject of the request.
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If you submit a request to correct Personal Information, you may be asked to provide us with the name on the account, loan number, property address, and email address which we will match with the name on the account, property address, and email in our system to verify your identity. You will also be required to submit a signed declaration under penalty of perjury stating that the requestor is the consumer whose Personal Information is the subject of the request.
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If you submit a request to delete Personal Information, you may be asked to provide us with the name on the account, loan number, property address, and email address which we will match with the name on the account, property address, and email in our system to verify your identity. You may also be required to submit a signed declaration under penalty of perjury stating that the requestor is the consumer whose Personal Information is the subject of the request.
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We will generally avoid requesting additional information from you to verify you. However, if we cannot verify your identity based on the information we currently maintain, we may request additional information from you, which will only be used to verify your identity and for security or fraud-prevention purposes. We will delete any new Personal Information we collect to verify your identity as soon as practical after processing your request unless otherwise required by the CCPA.
Generally, if we are unable to verify your identity, we will inform you of this inability and explain why we were unable to do so.
We are not required to respond to more than two Requests to Know in any 12-month period.
Our Response to Your Request to Know or Request to Delete
Once we receive your verifiable consumer request, we will confirm our receipt of your request within 10 business days and provide you with additional information about how we will process the request. Our goal is to respond to your request within 45 calendar days of receiving the request, beginning on the day we receive the request. However, in the event that we need more time (up to 90 calendar days) to respond to your request, we will provide you with notice and an explanation of the reasons that we will take more than 45 calendar days to respond. Any disclosures we provide will cover the 12-month period preceding the verifiable consumer request’s receipt. If we are unable to comply with a given request, we will provide you with a response explaining why we have not taken action on your request and identifying any rights you may have to appeal the decision.
We will not charge you 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.
Authorized Agent for Requests
You may designate an authorized agent to make a request on your behalf. If you would like to use an authorized agent, which is an individual or business registered with the Secretary of State that you have authorized to act on your behalf, to submit a request to opt-out, you must provide the authorized agent with written and signed permission to do so and verify your own identity directly with us. We may deny a request from an agent that does not submit proof that they are authorized to act on your behalf.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. For example, unless otherwise permitted by the CCPA, we will not:
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Deny you goods or services.
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Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
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Provide you with a different level or quality of goods or services.
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Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our California Privacy Statement
We are required by law to update this California Privacy Statement at least once each year. This California Privacy Statement was last updated on 11/08/2023.
Contact Information
If you have any questions regarding our privacy policies, our California Privacy Statement, the ways in which we collect, use, disclose, and sell or share your Personal Information, or how to exercise your rights under the CCPA, please do not hesitate to contact us at:
Website: www.fayservicing.com
Phone: 800-495-7166
Postal Address: P.O. Box 815548, Farmers Branch, TX 75381: