CASH FACTORY USA PRIVACY POLICY FOR CALIFORNIA RESIDENTS

2233 Paradise Road LLC dba Cash Factory USA, and its subsidiaries and affiliates (referred to in this Privacy Policy as “Cash Factory USA,” “us,” “we,” and/or “our”) value you as a customer and take your privacy and the protection of your personal information seriously. In the course of offering you products and services, we may collect certain information from or about you. This Privacy Policy is to explain our practices and policies for collecting, using and sharing information collected from or about you when you visit, access, or use, or provide information to us in connection with one of our loan products. By visiting, accessing, or using, or providing information to us in connection with an application for, or an extension of, a loan product, you expressly consent to our collection, storage, use and sharing of your information as described in this Privacy Policy. Please note that if you disagree with anything in this Privacy Policy, you should not visit, access, or use, or provide information to us in connection to a loan application or loan extension.

This Privacy Policy does not create a contractual obligation between you and Cash Factory USA. If you have questions about this Privacy Policy, please contact us at 1-855-939-2325 or email us at privacy@cashfactoryusa.com

This Privacy Policy is specific to California consumers of Cash Factory USA. The Privacy Policy for Cash Factory USA consumers who do not live or reside in California may be found https://cashfactoryusa.com/privacy_policy

1. DEFINED TERMS

As used in this Privacy Policy:

(a) “Cash Factory USA” and “CFU” refers to the corporate entity, 2233 Paradise Road dba Cash Factory USA, who is the lender for accounts issued to residents of California. 

(b) “Cash Factory USA Website” refers to website owned or operated by CFU that displays this Privacy Policy, including, but not limited to, cashfactoryusa.com.

(c) “Mobile Apps” refers to mobile applications owned or operated by CFU that display this Privacy Policy.

(d) “Personal information” refers to any information, either on its own, or in conjunction, that can be used to personally identify you, such as your first name, last name, physical address, phone number, email address, debit card number, checking account number, social security number, driver’s license number, geolocation information, date of birth, and other similar information.

(e) “Non-personal information” refers to information through which an individual cannot be personally identified.

2. INFORMATION WE MAY COLLECT.

We collect and use information we believe is necessary to manage and promote our business, and also to provide you with the products and services you request. Both your personal information and non-personal information may be collected and maintained by CFU, as both types of information may be needed for these purposes. Your personal information and/or non-personal information will be referred as your “information” in this Privacy Policy.

3. HOW WE COLLECT YOUR INFORMATION.

(A) Information Directly Provided by You. As a CFU consumer, you may provide your information directly to us. For example, you may provide us with your information directly when you submit an application for credit through our website or our Mobile App; if you access your “Account Home” page through our website or our Mobile App; when you sign up to receive email or text messages from us; if you request information from us; or, if you choose to provide feedback in a survey we send to you.

(B) Information Automatically Collected Through the Cash Factory USA Website and Mobile App.

(i) Internet Protocol Address Information. In certain circumstances, we may collect your Internet Protocol (IP) address when you use our services. We collect your IP address as a fraud detection and prevention control when you sign an Agreement through DocuSign. We also collect your IP address if you make a change to your primary Bank Account information in the Account Home section of our website. We use the IP address data to ensure that the IP address makes logical sense in relation to the other information we have about you on the account to try and prevent unauthorized third parties from fraudulently accessing or making a payment to your account.

(ii) Information Collected by Third Parties through Third Party Links and Content. The Cash Factory USA website, along with the CFU Mobile App, may include links to other websites and other content from third party businesses, and it’s possible that those third-party websites may use cookies, web beacons or other similar technology to collect information about you. CFU does not have access to or control over these third parties or the cookies, web beacons or other technology that these third parties may use, and as a result, CFU is not responsible for the privacy practices of these third parties or the content on any third-party website. To the extent you are concerned about the privacy practices of any third party, you may want to review the Privacy Policy for any of the websites you visit.

(iii) Information You Share on Third Party Websites. The Cash Factory USA website and the CFU Mobile App may include links to third party websites, where you will be able to post comments, reviews or other information. If you access and utilize such third-party websites, your information about you may be collected or shared. To the extent that Cash Factory USA does not control the privacy policies of these third-party sites, you should review their privacy policy disclosures as well so that you understand the information that may be collected, used and/or shared by those third-party websites. Any comment posted to a third-party website about Cash Factory USA, the CFU Mobile App and/or the products or services supported by CFU may be monitored, collected and shared with other consumers so that they better understand the products and services we offer. Please be aware that CFU may also contact you regarding any such posting to address any quality assurance issues and to ensure that we are offering you the best consumer experience possible.

(C) Information Obtained from Other Sources, including from Service Providers, and Third-Party Services. We may obtain information about you from other sources, including service providers, third party services, publicly available sources, credit reporting agencies, or government agencies. In general, we obtain information about you from third-party service providers with the sole intent to determine your eligibility for credit or our loan products. We may combine any information received from a third party with information we have collected about you as described in this Privacy Policy, and to the extent we combine such third-party information with other personal information we have collected, the combined information will be considered and treated as personal information under this Privacy Policy. Cash Factory USA is not responsible for the accuracy of any information provided by third parties or third-party policies or practices.

(D) Information We Automatically Collect Through the Cash Factory USA Mobile App, including Location Information. If you install or use CFU’s Mobile App, we may collect and use information regarding your mobile device, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate any upgrades, product support and other services to you (if any) related to the CFU Mobile App, and to provide services or improve technology service to you. Your information may be used for any of the reasons disclosed in this Privacy Policy. We may also use this data for statistical or business-related purposes to improve our products, services and properties. 

(E) Other Information We Collect. When you use Cash Factory USA’s products or services, we may collect transactional information about your loan and payment activities and store it with your customer account. This information may be used, in conjunction with any other information you provide to us, to monitor the activity on your account, determine your eligibility for future loans or additional services or products.  

4. HOW WE MAY USE YOUR INFORMATION.

The information provided to us by you will be used for the specific purpose(s) you provided the information, as stated at the time of collection, and as otherwise described in the Privacy Policy or permitted by law. Below are listed some of the ways in which we may use your information to administer or promote our business and provide you with the products and services you request or may be of interest to you:
•     To perform any legally required or necessary investigation into your identity (i.e., in the    

       event of an allegation of identity theft or fraud);

  • To verify your eligibility for any Cash Factory USA product or service;
  • To perform any legally required or necessary credit checks to ensure qualification and eligibility for any Cash Factory USA product or service;
  • To cash your check(s), extend you credit, process ACH and/or other financial transactions;
  • To establish as complete a consumer profile as possible so that we can better understand and predict the products and services you want to use;
  • To improve the products and services we offer, and to help us develop new products 

      and services;

  •     To improve the Cash Factory USA website and Mobile App;

  •     To track your use of the Cash Factory website, including Account Home, and our Mobile 

      App for our internal market research and analytics;
•     To notify you about promotions and special offers regarding products and services;
•     To generate aggregate statistical studies about our customers;
•     To contact you in response to your inquiries, comments and suggestions;
•     To protect and defend our rights or enforce our agreements with you;
•     To contact you otherwise when necessary; and,
•     To contact you once you have provided your consent, or as permitted or required by law.

5. HOW WE SHARE YOUR INFORMATION WITH NON-AFFILIATED THIRD PARTIES. 

As permitted by law, your information may be collected and shared with non-affiliated third parties as follows:

(A) Third Party Service Providers. Your information may be shared with, or collected by, third party service providers who provide us with services, including, but not limited to payment processing, credit checks, loan eligibility verification, fraud detection and prevention. We require these providers to exercise reasonable care to protect your personal information and restrict the use of your personal information to the purposes for which it was provided to them.

(B) Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, your information may be disclosed to government authorities or third parties in the following circumstances: 

  1. if required to do so by law, or in response to a subpoena or court order, or other formal legal process;
  2. to comply with legal, regulatory or administrative requirements of any governmental entity, including but not limited to state examiners and/or auditors;
  3. in connection with any legal action, claim or dispute;
  4. if we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud; or,
  5. if we believe in our sole discretion that abuse of the Cash Factory USA website or Mobile App has occurred in violation of law, and disclosure of your information is necessary to facilitate an investigation into such an occurrence. 

You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

6. YOUR CALIFORNIA PRIVACY RIGHTS.

(A) Shine the Light. As a result of the passage of California Civil Code Section 1798.83, also known as the “Shine the Light” law, Cash Factory USA offers its California consumers a description of what information we collect and how such information is used. Certain consumers may also have an ability to obtain a record request the deletion of some of their information, with some exceptions. For example, any “consumer report” information is exempt from coverage of Section 1798.83, provided such information is collected, used and shared in compliance with the Fair Credit Reporting Act (“FCRA”). Moreover, please be aware that some information we collect from you is maintained because it is necessary for us to utilize such information to complete a transaction with you; that information is not protected under the Shine the Light law.

(b) California Consumer Privacy Act. This section only applies to customers who are residents of California under the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws (together “California Laws”).

1. Information we collect.

Personal Information We CollectInformation you provide to us directly when supplied on applications for credit, such as your name, address, telephone number, Social Security number and other identifying information (Section 3A of this Policy)
Categories of InformationPersonal identification data (such as date of birth, SSN, email address); legally protected characteristics and identifiers; salary, income and/or wage information; professional and/or employment information
Purposes for Collection of Personal InformationDetermine and confirm eligibility for CFU loans and services; improve our product and service offerings; improve our website and Mobile App design, disclosures and accessibility; monitor your repayment history; monitor your account for potential fraudulent or unauthorized activity; notify you about new products and services or special offers for which you may qualify; internal market research and analytics; respond to your inquiries; and process payments and any other financial transactions you request, authorize and/or approve
Types of Third Parties with Whom We Share Personal InformationThird party service providers for the sole purpose of determing credit eligibility and governmental entities, to the extent any such information is subject to inquiry or request, investigation or audit
Personal Information We CollectInformation obtained from third party sources, including service providers and Credit Reporting Agencies, if applicable (Section 3C of this Policy)
Categories of InformationPersonal identification data (such as date of birth, SSN, email address); legally protected characteristics and identifiers; salary, income and/or wage information; professional and/or employment information; banking history 
Purposes for Collection of Personal InformationDetermine and confirm eligibility for CFU loans and services; improve our product and service offerings; monitor your repayment history; monitor your account for potential fraudulent or unauthorized activity; notify you about new products and services or special offers for which you may qualify; internal market research and analytics; respond to your inquiries; and process payments and any other financial transactions you request, authorize and/or approve
Types of Third Parties with Whom We Share Personal InformationWe do not share the information we obtain from third parties related to your credit eligibility with third parties, but we may be required to share it with governmental entities to the extent any such information is subject to inquiry or request, investigation or audit
Personal Information We CollectOther Information We Collect, related to your use of your account, as described in Section 3E of this Policy.
Categories of InformationPersonal identification data (such as date of birth, SSN, email address); legally protected characteristics and identifiers; salary, income and/or wage information; professional and/or employment information; banking history
Purposes for Collection of Personal InformationDetermine and confirm eligibility for CFU loans and services; monitor your repayment history; monitor your account for potential fraudulent or unauthorized activity; notify you about new products and services or special offers for which you may qualify; internal market research and analytics; respond to your inquiries; and process payments and any other financial transactions you request, authorize and/or approve
Types of Third Parties with Whom We Share Personal InformationWe may have to share this information with third-party service providers to the extent that such information is necessary for third-party businesses to process payment transactions or other transactions related to your account. We may also be required to share this information with governmental entities to the extent any such information is subject to inquiry or request, investigation or audit.
Personal Information We CollectInformation you provide to us directly when supplied on applications for credit, such as your name, address, telephone number, Social Security number and other identifying information (Section 3A of this Policy)
Categories of InformationPersonal identification data (such as date of birth, SSN, email address); legally protected characteristics and identifiers; salary, income and/or wage information; professional and/or employment information
Purposes for Collection of Personal InformationDetermine and confirm eligibility for CFU loans and services; improve our product and service offerings; improve our website and Mobile App design, disclosures and accessibility; monitor your repayment history; monitor your account for potential fraudulent or unauthorized activity; notify you about new products and services or special offers for which you may qualify; internal market research and analytics; respond to your inquiries; and process payments and any other financial transactions you request, authorize and/or approve
Types of Third Parties with Whom We Share Personal InformationThird party service providers for the sole purpose of determing credit eligibility and governmental entities, to the extent any such information is subject to inquiry or request, investigation or audit
Personal Information We CollectInformation obtained from third party sources, including service providers and Credit Reporting Agencies, if applicable (Section 3C of this Policy)
Categories of InformationPersonal identification data (such as date of birth, SSN, email address); legally protected characteristics and identifiers; salary, income and/or wage information; professional and/or employment information; banking history 
Purposes for Collection of Personal InformationDetermine and confirm eligibility for CFU loans and services; improve our product and service offerings; monitor your repayment history; monitor your account for potential fraudulent or unauthorized activity; notify you about new products and services or special offers for which you may qualify; internal market research and analytics; respond to your inquiries; and process payments and any other financial transactions you request, authorize and/or approve
Types of Third Parties with Whom We Share Personal InformationWe do not share the information we obtain from third parties related to your credit eligibility with third parties, but we may be required to share it with governmental entities to the extent any such information is subject to inquiry or request, investigation or audit
Personal Information We CollectOther Information We Collect, related to your use of your account, as described in Section 3E of this Policy.
Categories of InformationPersonal identification data (such as date of birth, SSN, email address); legally protected characteristics and identifiers; salary, income and/or wage information; professional and/or employment information; banking history
Purposes for Collection of Personal InformationDetermine and confirm eligibility for CFU loans and services; monitor your repayment history; monitor your account for potential fraudulent or unauthorized activity; notify you about new products and services or special offers for which you may qualify; internal market research and analytics; respond to your inquiries; and process payments and any other financial transactions you request, authorize and/or approve
Types of Third Parties with Whom We Share Personal InformationWe may have to share this information with third-party service providers to the extent that such information is necessary for third-party businesses to process payment transactions or other transactions related to your account. We may also be required to share this information with governmental entities to the extent any such information is subject to inquiry or request, investigation or audit.
Personal Information We CollectInformation automatically collected through use of the Cash Factory USA website and/or CFU Mobile App (Section 3D)
Categories of InformationIP address (Internet Protocol Address) 
Purposes for Collection of Personal InformationDetermine and confirm eligibility for CFU loans and services; monitor your account for potential fraudulent or unauthorized activity
Types of Third Parties with Whom We Share Personal InformationNone

2. California Residents’ Rights. Under California Laws, California residents can exercise three privacy rights (Disclosure and AccessDeletion; and “Do Not Sell My Personal Information”), which are described in more detail below (collectively, “Rights”). These Rights are not absolute and are subject to certain exceptions. For instance, most of information we collect from you as a financial institution is to verify your eligibility for credit, or one of our loan products. The information we obtain to process your request for financial services is not covered by the Shine the Light Law, and we are obligated to maintain it under different laws. To the extent you make a request for information that is not covered by the Shine the Light law, we will advise you upon receipt of any such request. 

Please also note that Cash Factory USA does not sell your personal information; thus, consumers of CFU do not have a right to opt out of the sale of information.

Cash Factory USA recognizes that California residents have a right not to be discriminated against for the exercise of their Rights.

3. Verification and Record-keeping. If you are a California resident, we will process a request to exercise your Rights in accordance with California Law. When a request is made, we are required to validate your identity to protect your privacy and security prior to responding to any such request. Further, if you designate a third party to be an authorized agent to make a request on your behalf, you may have to submit information confirming such designation. Subject to California Laws, we will not act upon a request until your identity has been sufficiently verified.

In order to Verify your Identity to protect your privacy, we will need to confirm with you at least two of the three of the following pieces of identification information:

  • Your Social Security Number (SSN);
  • Your email address; and/or 
  • The date of your credit application

A record related to a request to exercise your Rights under California law may be maintained pursuant to our legal obligations. Further, we may charge a reasonable fee or refuse to act on a request if such a request is excessive, repetitive or manifestly unfounded.

7. DISCLOSURE AND ACCESS REQUESTS.

In accord with the law, California consumers have a right to request that we disclose, for the twelve (12) month period preceding the date of the request, the following information:

  1. the categories of personal information we have collected about them; 
  2. the categories of sources from which personal information is collected; 
  3. the business or commercial purpose for the information collection or retention; 
  4. the categories of third parties with whom we have shared personal information; and
  5. the specific pieces of personal information we maintain about an individual. 

If you are a California consumer, and you would like additional information about any of the categories above, you can make a Disclosure and Access Request, subject to the noted exceptions (a request is excessive, repetitive or manifestly unfounded), by sending an email to privacy@cashfactoryusa.com or by calling us at 855-939-2325. Please note that, pursuant to the law, Cash Factory USA is only required to fulfill Disclosure and Access requests from a consumer twice per every 12-month period.

8. DELETION REQUESTS.

California consumers have the right to request the deletion of the personal information obtained and maintained by a subject company, subject to certain exceptions (for example, to comply with legal obligations, complete transactions or for our certain internal uses). In the course of fulfilling a valid deletion request, we will also endeavor to direct our service providers to delete your personal information from their records.

California consumers can make a Personal Information Deletion Request, subject to the noted exceptions, by sending an email to privacy@cashfactoryusa.com or by calling us at 855-939-2325.

Please note that, pursuant to section 1798.105, we are not required to comply with a deletion request if such information is necessary for the business to:

  • Complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you;
  • 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;
  • To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; and/or
  • Comply with a legal obligation.

In other words, we cannot, and are not under a legal requirement to, delete information in certain circumstances, such as: when you have an active account with us, where active means that there remains a balance due on the account; when your information is required in order for us to complete a business transaction with you; and/or to comply with a request from a governmental agency.

Please note, if you are a Cash Factory USA customer, but not a California resident, and you make a “Personal Information Deletion Request” by following the instructions above, we will log your request and adjust your account settings so that you will no longer receive any marketing communications from us.

9. “DO NOT SELL MY PERSONAL INFORMATION” REQUESTS.

We do not sell your personal information. Please note that, because we do not sell your personal information to anyone, we are unable to process any requests that we do not sell your personal information. 

10. SECURITY.

Cash Factory USA maintains physical, electronic and organizational safeguards that reasonably and appropriately protect against the loss, misuse and alteration of the information under our control. Please be aware that no data transmission over the Internet or a wireless network can be guaranteed to be completely secure, as a result of a variety of factors; thus, to the extent that you transmit or transfer information to us through the Cash Factory USA website or the CFU Mobile App, we cannot guarantee the security of any information you transmit and you do so at your own risk.

11. HOW TO ACCESS, UPDATE AND CORRECT PERSONAL INFORMATION.

To ensure your personal information is up to date, you may access Account Home through the Cash Factory USA website. If you have any concerns that your information is not accurate, please send us an email at privacy@cashfactoryusa.com, or you can call us at 855-939-2325.

12. CHANGES TO OUR PRIVACY POLICY.

From time to time, we may be required to modify or supplement our Privacy Policy. If or when changes are made to the Privacy Policy, an email with the updated Privacy Policy will be sent to the last email address you have provided us. Additionally, Cash Factory USA posts its Privacy Policy, indicating an effective date, on its website and through the CFU Mobile App. It’s a good idea to review our Privacy Policy from time to time so that you fully understand what personal information we collect, how we use it, and when we may disclose your information to third parties. By accepting any offer made by us, including the offer to lend you money, you accept the terms of our Privacy Policy, as well as any changes to the Privacy Policy. 

13. CONTACT INFORMATION.

Should you have additional questions, comments or concerns regarding this Privacy Policy or how we collect and use your information, you may send an email to privacy@cashfactoryusa.com or call our Privacy Hotline at 855-939-2325,or you may contact us by writing to:

Cash Factory USA
ATTN: Privacy
750 Pilot Rd Ste A
Las Vegas, NV, 89119