California Consumer Privacy Act (CCPA)         


Populus Financial Group, Inc.

CALIFORNIA PRIVACY POLICY

 

The State of California requires that we provide privacy information for individuals that reside in California.  If you do not reside in California, you can disregard this document.

 

For California residents, here is a summary of what you will learn from this privacy policy: 

 

  1. Personal Information We Collect               
    1. Personal Information Does Not Include
    2. How We Obtain Your Personal Information
    3. How We Use Your Personal Information
    4. Who We Share Your Personal Information with for a Business or Commercial Purpose
    5. Categories of Personal Information Collected
    6. Sale of Personal Information
  2. Your Rights Under the California Consumer Privacy Act of 2018               
    1. Right to Know
    2. Right to Delete
    3. Right to Opt-Out
    4. Right to Non-Discrimination
  3. Submitting a Verified Consumer Request               
    1. Exercising Right to Know and Right to Delete
    2. Authorized Agents
    3. Response Timing and Delivery Method
  4. Changes to this California Privacy Policy
  5. How to Contact Us

 

Below is the legal information we are required to share:

This California Privacy Policy supplements the information contained in the Privacy Policy of Populus Financial Group, Inc., including its stores doing business under the name of ACE Cash Express, ACE Credit Services, LLC, ACE Cash Express Insurance Services LLC, ACE Minnesota Corp., ACE Virginia Title Loans LLC, ACE South Carolina LLC, ACE Cash Express Title Loans LLC, ACE Finance Company LLC, ACE Credit Access LLC, and FSH Credit Services LLC (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”).  We adopt this privacy policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this privacy policy.

 

  1. Personal Information We Collect

We collect information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with a particular consumer (“personal information”).

 


    1. Personal Information Does Not Include

Personal information does not include:

  • Publicly available information from government records
  • De-identified or aggregated consumer information
  • Information excluded from the CCPA, including:               
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994 (DPPA).

 


    1. How We Obtain Your Personal Information:

Directly from you

You enter or provide us with information online, in our mobile application, by email, by phone, or by document upload

 

For example, when you apply for a loan, make a wire transfer, cash a check, show us your government issued ID, or pay your bills

Directly and indirectly from you based on activity on our website

For example, from submissions through our website or mobile application or website or mobile application usage details collected automatically

From vendors or third-parties that interact with us in connection with the products and services we provide

For example, credit reporting agencies, banking institutions or other vendors that provide data we use in underwriting or that assist us in verifying your identity and information you provide to us or in protecting you and our products from fraud and identity theft

 


    1. How We Use Your Personal Information:

We may use or disclose the personal information we collect for one or more of the following business

and commercial purposes:

  1. Performing services on behalf of us or our service provider, including maintaining or servicing accounts, providing customer service, processing transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of us or our service providers.  This includes:               
    1. to fulfill or meet the reason for which the information is provided;
    2. to provide you with information, products, or services that you request from us;
    3. to provide you with email alerts and other notices concerning our products or services, or events or news, that may be of interest to you; and
    4. to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  2. Undertaking internal research for technological development and demonstration 
  3. Debugging to identify and repair errors that impair existing intended functionality
  4. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
  5. Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards
  6. Short-term, transient use, provided the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction

 

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 


    1. Who We Share Your Personal Information with for a Business or Commercial Purpose:

We may disclose your personal information to a service provider, vendor or third party for a business or commercial purpose. When we disclose personal information for a business or commercial purpose, we enter into a contract that describes the purpose and requires the service provider, vendor or third party to both keep that personal information confidential and not use it for any purpose except performing the services described in the contract. Examples of who we share with include: [Liz to confirm.]

  • Our affiliates and lending / bank partners.
  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.               
    1. Categories of Personal Information Collected

Within the last 12 months, we collected the categories of personal information listed below and shared it as follows:

CATEGORY

EXAMPLES

COLLECTED (Yes/No)

SOURCES OF COLLECTED PERSONAL INFORMATION

BUSINESS OR COMMERCIAL PURPOSE FOR SHARING (Section 1.3 #1-7, above)

CATEGORY OF THIRD PARTIES

A.

Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, social security number, driver's license number, passport number, or other similar identifiers.

YES

You, your activity on our site, or from vendors, service providers, and third-parties

YES

Our lending / bank partners, service providers, and third-parties

B.

Personal information

A name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, vehicle identification number, license plate number, title number, other vehicle related information, education, employment, employment history, bankruptcy status, bank account number, credit card number, debit card number, any other financial information, or medical information, or legal documentation, including wills provided in connection with certain of our services. Some personal information included in this category may overlap with other categories.

YES

You, vendors, service providers, and third-parties

YES

Our lending / bank partners, service providers, and third-parties

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.

YES

You, vendors, service providers, and third-parties

YES

Our lending / bank partners, service providers, and third-parties

D.

Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

You, vendors, service providers, and third-parties

YES

Our lending / bank partners, service providers, and third-parties

E.

Biometric information.

Physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

YES

You

N/A

N/A

F.

Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

YES

Your activity on our site, vendors, service providers, and third-parties

YES

Our lending partners, service providers and third-parties

G.

Geolocation data.

Physical location or movements.

YES

Vendors and third-parties

YES

Our lending / bank partners, service providers, and third-parties

H.

Sensory data.

Audio, electronic, visual, or similar

information.

YES

You

YES

Our lending /bank partners, service providers, and third-parties

I.

Professional or employment-related information.

Current or past job history or performance evaluations.

YES

You, vendors, service providers, and third-parties

YES

Our lending / bank partners, service providers and third-parties

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

N/A

N/A

N/A

K.

Inferences drawn from other personal information.

 

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

N/A

N/A

N/A

 


    1. Sale of Personal Information:

We do not and, without notice to you, will not sell your personal information.  We do not and will not sell the personal information of minors under 16 years of age without affirmative authorization.

 

  1. Your rights under the California Consumer Privacy Act of 2018

The CCPA provides consumers (California residents) with specific rights regarding their personal information—the Right to Know, the Right to Delete, the Right to Opt-Out and the Right to Non-Discrimination. This section describes your CCPA rights and explains how to exercise those rights, if applicable.

 


    1. Right to Know:

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (“Right to Know”).  Once we receive and confirm your verifiable consumer request for access, based on your request, we will disclose to you:

  • the categories of personal information we collected about you;
  • the categories of sources for the personal information we collected about you;
  • our business or commercial purpose for collecting that personal information;
  • the categories of third parties with whom we share that personal information;
  • the specific pieces of personal information we collected about you (also called a data portability request); and
  • with respect to disclosures of your personal information for a business purpose, the categories of personal information that each recipient obtained.

 

We may deny your request for access if we are unable to verify your identity or have reason to believe that the request is fraudulent.  We may also deny your request if the personal information is subject to an exemption under Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), California Financial Information Privacy Act (FIPA), or the Driver's Privacy Protection Act of 1994 (DPPA).

 


    1. Right to Delete:

You have the right to request that we delete any of your personal information that we collected and retained, subject to certain exceptions (“Right to Delete”). Once we receive and confirm your verifiable consumer request, we will delete, de-identify, or aggregate your personal information (and direct our service providers to do the same), unless an exception applies.

 

We may deny your deletion request if retaining the personal information is necessary for us or our service providers to:

  • complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business's ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer;
  • detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • debug to identify and repair errors that impair existing intended functionality;
  • exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
  • engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses' deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent;
  • enable solely internal uses that are reasonably aligned with your expectations based on our relationship with you;
  • comply with a legal obligation; or
  • otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

 

We may also deny your deletion request if the personal information is subject to an exemption under the FCRA, the GLBA, the FIPA, or the DPPA.

 

Additionally, we may deny your request to delete if we are unable to verify your identity or have reason to believe that the request is fraudulent.

 


    1. Right to Opt-Out:

Under the CCPA, you have the right to opt-out of the sale of your personal information (“Right to Opt-Out”).  However, we do not and, without notice to you, will not sell your personal information.  Further, we do not and will not sell the personal information of minors under 16 years of age without affirmative authorization.

 


    1. Right to Non-Discrimination:

We will not discriminate against you for exercising any of your CCPA rights (“Right to Non-Discrimination”). Unless permitted by the CCPA, we will not:

  • deny you goods or services;
  • charge you higher prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • provide you a lower level or quality of goods or services; or
  • suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

  1. SUBMITTING A VERIFIED CONSUMER REQUEST               
    1. Exercising Right to Know and Right to Delete:

To exercise the Right to Know and Right to Delete described above, please submit a verifiable consumer request to us by either:

Calling us at [TOLL FREE NUMBER]

Visiting www.acecashexpress.com and clicking on the CCPA Requests [make a hyperlink that goes to the link in the footer in the “Get Help” section] link located in the “Get Help” section of the footer.

 

Only (1) you, (2) a person authorized by you to act on your behalf, or (3) an entity registered with the California Secretary of State and authorized by you to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

 

We are only required by the CCPA to respond to a Request to Know twice within a 12-month period.

 

To constitute a verifiable consumer request, a request must:

  • provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.  Given the sensitivity of your personal information that we collect and retain, we will need to verify your identity with at least 3 separate pieces of information such as name, address, account number, date of birth, last 4 of your Social Security Number, phone number, etc.; and
  • describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 


    1. Authorized Agents:

Before we can respond to a verifiable consumer request submitted by an authorized agent, we need to confirm not only that person or entity’s authority to act on your behalf but also verify the identity of the authorized agent. 

 

If you are authorized to submit a request on behalf of a California resident, please email us at CAPrivacy@Populusfinancial.com and provide the following information:

  1. To verify your authorization to request on behalf of a California resident, please attach a copy of one or more of the following to your request email:
  • California Secretary of State authorization,
  • written permission from the California resident, or
  • power of attorney.

 

  1. To verify your identity, please attach copies of the following to your request email:
  • valid Government Issued ID (not expired) AND
  • a Utility Bill, Bank Statement, or similar documentation to verify your name and address.

 

  1. To verify the identity of the consumer for whom you are submitting the request, please submit the required information by calling us at [TOLL FREE NUMBER] or visiting www.acecashexpress.com and clicking on the CCPA Requests link [make a hyperlink that goes to the link in the footer in the “Get Help” section] located in the “Get Help” section of the footer.

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 the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

 


    1. Response Timing and Delivery Method:

We will acknowledge receipt of the request within 10 days of its receipt.  We will respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 45 additional days for a total of 90 days from receipt of the request), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically. 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, if applicable. We will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.

 

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.

 

  1. Changes to this CALIFORNIA Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. If we make changes to this privacy policy, we will notify you by email or through a notice on our website homepage.

 

  1. How to Contact Us 

If you have any questions or comments about this privacy policy, the ways in which we collect and use your personal information, your rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Privacy Support Phone:                 [insert phone number]

Privacy Support E-Mail:                  [insert email address]

Website:                                              www.acecashexpress.com

Postal Address:                                 Populus Financial Group, Inc. d/b/a ACE Cash Express

                                                                Attn: Privacy

                                                                300 E John Carpenter Fwy, Suite 900

Irving, TX 75062