BY ENTERING, ACCESSING OR USING THIS SITE AND/OR BY SIGNING UP FOR, ACCESSING, OR USING OUR SERVICES, YOU FULLY UNDERSTAND AND CONSENT TO THE TERMS AND PRACTICES DESCRIBED IN THIS POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY, YOU MUST NOT USE THE SITE OR THE SERVICES, AS THE CASE MAY BE. THIS POLICY MAY BE AMENDED OR UPDATED FROM TIME TO TIME BY POSTING A REVISED VERSION ON OUR SITE. THE REVISED VERSION WILL BE EFFECTIVE AS OF THE PUBLISHED EFFECTIVE DATE. YOU ARE ADVISED TO CONSULT THIS POLICY REGULARLY FOR ANY CHANGES.
1. WHAT IS PERSONAL INFORMATION?
“Personal Information” or “PII” means information about an identifiable individual, as defined in applicable privacy legislation. Personal Information does not include anonymized information or aggregated information that cannot be associated with a specific individual. This Policy does not apply to information that is not deemed personal information under applicable legislation. For example, Personal Information generally does not include business contact information.
2. AN OVERVIEW OF OUR BUSINESS
We facilitate the sale and purchase of defaulted and charged-off accounts within the receivables management industry. By nature, our Services must include some Personal Information about our clients and the accounts within our clients’ portfolios. Accordingly, we regularly collect, use and disclose the Personal Information about Canadian persons. Creditors and other entities provide DebtTrader with factual information about the individual accounts within their portfolios. DebtTrader compiles and anonymizes this information into a portfolio on its platform. In return, potential buyers can review the anonymized information and bid to purchase the receivables. Only once the sale transaction is complete, a signed sales agreement is signed and the purchase price is received by the buyer, is the de-anonymized data shared with the buyer.
3. HOW ARE WE ACCOUNTABLE TO YOU?
DebtTrader is accountable for all Personal Information in its possession or control, including any Personal Information provided to us by our agents or transferred to third parties for processing, storage and other purposes. However, from time to time DebtTrader may collect, use and disclose Personal Information as the supplier or agent of another organization (for example, the creditor liquidating its charged off accounts), in which case, without limiting the obligations of DebtTrader to comply with applicable privacy laws, such other organization shall be accountable for such Personal Information. We have implemented policies and practices regarding the handling of your Personal Information including implementing appropriate security policies, technology and procedures; conducting the required privacy impact assessments; establishing a complaint and inquiry procedure; and training our staff about data handling.
4. DOES THIS POLICY APPLY TO YOU?
In this Policy, “we”, “us”, “our” and “ourselves” shall refer to DebtTrader. Subject to the exclusions below, “you”, “your”, “yourself” shall refer to someone who is a natural person or entity and who:
- accesses or uses this Site including our Services and technologies;
- is a creditor, issuer, seller or buyer or other DebtTrader customer and applies to use and/or uses our products and Services (for example, using our proprietary software through mobile, desktop and web applications);
- provides Personal Information to support a purchase or sale transaction; and/or
- sends or receives emails or other communications to and/or from us, including via SMS, telephone, web chat, website/portal and other communications.
The extent of the collection, use and disclosure will depend upon your relationship with us or our clients.
Exclusions: This Policy does not apply to the collection, use, and disclosure of your Personal Information where:
- you have entered into a separate agreement with us which includes terms addressing Personal Information handling practices and which provides that such terms take priority over any other agreement or policy; or
5. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
We do not sell or rent Personal Information to any organization or person for any reason. DebtTrader is rather a data management platform that facilitates the sale of receivables. Personal Information may be obtained from you in person, by regular mail, over the phone or via your computer or other device. In some cases, we may collect Personal Information from third parties or publicly available sources as further explained below. We collect the Personal Information required to provide the products and Services you request and in a reasonable and lawful manner. We limit our collection of personal information to include only what is necessary to supply our users with the accurate and up-to-date information they need to make meaningful decisions and in order to provide the Services described in this Policy. We periodically review the data collected in and displayed on our platform to ensure that it only contains information relevant to the Services we provide. We collect your Personal Information from:
- You when you:
- Contact us or access, register for or use our Site or our Services (including through our platform); and/or
- Engage on social media through our Site and other similar sources. Please note that if you interact with our Site through social media sites or other applications, depending on your privacy settings, this information may become public on the Internet;
- Third parties such as:
- Our affiliates or our clients;
- Service providers, agents and other organizations with whom you or we conduct business;
- Government agencies and public agencies;
- Credit reporting agencies, other lenders and financial institutions; and/or
- Persons authorized to act on your behalf under a power of attorney or other legal authority; and/or
- Publicly available sources.
6. WHAT PERSONAL INFORMATION DO WE COLLECT?
We may collect the following types of Personal Information for the identified purposes in order to provide you the Services you requested and to help us personalize and improve your experience:
- Identifying Information such as: first and last name, telephone and fax number, email address, mailing address, date of birth;
- Credit Information: record of payment history on current debt obligations, credit grantors or other parties that have received all or part of an individual`s credit information;
- Login Information such as: your username and password;
- Proof of Identification Information such as: Canadian passport, Canadian driver’s license, permanent resident card, social insurance number, provincial ID; and/or
- Payment Account and Transaction Information resulting from your use of our Services such as: credit card number, expiration date, transaction date, transactional dollar amount, transactional history; bank account numbers and payment services account information.
For a full list of the types of data that may be displayed in the platform, please see the end of this Policy.
7. HOW DO WE USE YOUR PERSONAL INFORMATION?
Our primary purpose for collecting, using and disclosing your Personal Information is to provide the Services to you. In connection with the facilitation of purchase and sale of a portfolio on our platform, we do not have direct relationships with individual debtors. Accordingly, we require debt sellers who use the DebtTrader Services and platform to obtain appropriate consent at the time the information is collected from an individual or prior to its use or disclosure to DebtTrader of said use or disclosure. More particularly, we may use your Personal Information for the following purposes (depending upon what products and/or services you require from us):
- Contact you by phone and/or email when you complete our Site contact form;
- Register, evaluate and establish your application to use our Services including by verifying your identity;
- Administer and provide our Services to you including by underwriting your account, uploading data, facilitating buy and sell transactions on the platform, and providing customer support. Personal Information we receive from you relating to your portfolio is used only to carry out the buy or sell transaction as applicable and for no other purpose;
- Promote our Services to you including by sending newsletters into which you have opted;
- Meet legal, regulatory, industry self-regulatory, insurance, audit and security compliance obligations including by checking your identity against money laundering, terrorist financing or similar watch lists established or enforced by Canadian or other government regulators;
- Deliver surveys and promotional offers including by sending customer satisfaction surveys and contests based on your communication preferences; and/or
Otherwise with your consent or as permitted or required by law.
8. WILL YOU SEND ME E-MAIL OR OTHER COMMERCIAL ELECTRONIC MESSAGES?
We are committed to ensuring that you only receive the commercial electronic messages (including emails) that you want from us. We will obtain your consent prior to sending such messages, unless Canada’s Anti-Spam Legislation (“CASL”) provides for an exemption. Exemptions include where:
- you are a business and we have a pre-existing business relationship with you;
- we are responding to your requests, enquiries or complaints; or
- we are complying with our legal obligations (including sending you legally required notices).
For those emails which are not fully exempted under CASL, we provide an easy and quick way to unsubscribe at the bottom of our emails. For more information or if you have any issues related to our compliance with CASL, you may contact us by emailing us at firstname.lastname@example.org.
9. HOW DO WE SHARE THE PERSONAL INFORMATION THAT WE COLLECT?
We use and disclose your Personal Information only for the purposes for which it was collected unless otherwise permitted by applicable privacy laws. Please note that third parties with whom information is shared may be in other countries, including the United States, where the privacy laws may be less stringent than in Canada. DebtTrader shares Personal Information to:
- Affiliates of DebtTrader such as DebtTrader’s United States entity, to assist us in providing the Services to you;
- Credit Bureaus/Collection Agencies to obtain commercial and credit information to establish, maintain or confirm portfolio information, as may be required to provide any of the Services for which you have subscribed;
- Our authorized agents and suppliers to assist us in providing the Services to you, including:
- For Fraud Prevention and Risk Management: We may share your account information with third parties to help protect your accounts from fraudulent activity, to alert you if fraud is detected or to evaluate risk; and
- For Professional Services: We may share your Personal Information with service providers who perform functions on our behalf and provide services to us to support our business operations, including customer service, and other professional service providers. Each of these providers are required to protect your Personal Information and to use or disclose it only for the purposes directed by us;
- Governmental/Law Enforcement Agencies or other third parties (in relation to enforcement or investigation) to respond to a court order or a request for cooperation from a regulatory, law enforcement or other government agency. We may disclose Personal Information when we believe that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity or wrongdoing (i.e. anti-money laundering and counter terrorist financing verification requirements or fraud) as well as to protect and defend the rights, property or safety of DebtTrader, its affiliates and their respective customers, staff, suppliers or others;
- Successor entities in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of our assets. These successors shall be required to comply with this Policy. If there are any changes, you will be provided a notice of such changes; and/or
- Other third parties when permitted or required by applicable laws or as otherwise consented to by you.
In addition, we may provide anonymous information (i.e., information that does not identify individuals) in the form of aggregate or demographic data to our clients or service providers. We may also generate and use anonymous information to develop, enhance or validate our products, processes or Services. Personal information will necessarily be used to generate anonymous information and, when required, to research, validate and test the use of anonymous information in such processes, products, services and enhancements.
Cookies and Other Tracking Technologies
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do link this automatically collected data to other information we collect about you.
11. ARE WE RESPONSIBLE FOR THIRD PARTY WEBSITES AND LINKED SITES?
12. HOW DO WE PROTECT YOUR INFORMATION?
The security of your Personal Information is important to us. DebtTrader has implemented commercially reasonable controls and procedures to protect the information that we collect from unauthorized access, improper use, and accidental destruction or loss. For example:
- Physical and Organizational Safeguards: Only authorized employees, contractors and agents of DebtTrader who have a legitimate purpose for accessing the information and require it to carry out their assigned duties will have access to your Personal Information. There is restricted access to DebtTrader’s offices and to DebtTrader’s computers and files. DebtTrader employees, as a condition of their employment, are required to comply with confidentiality and security obligations. DebtTrader employees are also trained on proper Personal Information handling including the importance of confidentiality and security.
- Technical Safeguards: We use Secure Sockets Layer (SSL) technology to encrypt important information in an effort to prevent unauthorized access during transmission over the Internet. Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. We store data on multiple server systems, in controlled environments. To maintain security, we conduct internal and external reviews of our security measures on a regular basis. Please note, however, that any Personal Information you post in social media and other public sites is available to anyone. WHILE DEBTTRADER HAS TAKEN COMMERCIALLY REASONABLE PRECAUTIONS TO SAFEGUARD PERSONAL INFORMATION, DEBTTRADER CANNOT AND DOES NOT GUARANTEE COMPLETE SECURITY OF PERSONAL INFORMATION BECAUSE COMPLETE SECURITY DOES NOT PRESENTLY EXIST ON THE INTERNET.
- Contractual Safeguards: We use contractual or other means to provide a comparable level of protection while your Personal Information is being processed by our suppliers. For example, where our agents may be collecting your Personal Information on our behalf, we contractually ensure that they handle your information, including Personal Information, with the same standard of care that we provide to you.
Though we use many security tools and procedures to protect your Personal Information, you too are responsible for ensuring the security of your Personal Information including by protecting your password(s) and account registration information.
13. WHERE IS YOUR PERSONAL INFORMATION PROCESSED AND STORED?
Personal Information is processed and stored by DebtTrader in United States as well as by our service providers. Personal Information may be stored in a physical or electronic file in the United States or Canada. Electronic files containing your Personal Information will be stored on DebtTrader’s servers which are located in the United States. DebtTrader also retains service providers in the United States to perform certain services on our behalf. Personal Information processed in the United States may only be used by such third parties for the purposes set out above. In certain limited circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information. By providing your Personal Information to us or our service providers, you consent to the transfer of such information outside of Canada and to its storage and use as described herein.
14. HOW LONG DO WE RETAIN YOUR INFORMATION?
Unless specified otherwise in this Policy, we will retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected, subject to reasonable legal limitation periods, statutory or regulatory retention requirements as well as legitimate business requirements. For example, we will retain and use your Personal Information as necessary to comply with our legal obligations, carry out audits, assist in investigations, resolve disputes and enforce our policies and agreements. DebtTrader will use reasonable efforts to ensure that Personal Information which is no longer required be disposed of or destroyed in a secure manner.
15. HOW DO WE PROTECT CHILDREN’S PRIVACY?
DebtTrader does not market to or solicit data from minors. The services we provide are for businesses with owners and principals who have reached the age of majority in their respective provinces. We do not knowingly collect or store any Personal Information about children under the age of majority.
16. HOW DO YOU CONSENT TO OR OPT-OUT OF OUR USE OR SHARING OF YOUR PERSONAL INFORMATION?
We typically seek your consent to the collection, use and disclosure of Personal Information at the time that the information is obtained including through email, a platform application, through the Site or over the phone. The method of obtaining consent will be appropriate to the type of Personal Information being collected, used or disclosed. For example, express consent will be obtained for sensitive information like your financial information. Implied consent may be relied on when a customer relationship already exists or when the intended use of the information is reasonably obvious from the context in which it is obtained, and the information was submitted voluntarily. Note that there are certain situations under applicable laws where your Personal Information may be collected, used or disclosed without your consent. For example, in connection with an investigation or proceeding by us or a law enforcement agency. You may withdraw your consent at any time (subject to legal or contractual restrictions and reasonable notice) through the following methods:
- For commercial electronic messages, you can click the unsubscribe link in any email you receive from us; or
- Email us at: email@example.com.
If you withdraw your consent to certain collections, uses or disclosure of your Personal Information, DebtTrader may be unable to provide the product and services you desire.
17. HOW CAN YOU ACCESS OR CORRECT YOUR PERSONAL INFORMATION?
To access or correct your Personal Information, please call us at: 1-888-461-6161 or email us at firstname.lastname@example.org. Your right to access or correct your Personal Information is subject to applicable legal restrictions including our right to retain documentation of our compliance with applicable legal requirements and your requests. We may take reasonable steps to verify your identity before granting access or making corrections to your Personal Information.
If you have questions or concerns about your Personal Information, you may:
Write us at:
2200 Paseo Verde Parkway, Suite 150
Henderson, Nevada 89052
Attention: Privacy Officer
Call us at:1-888-461-6161; or
Email us at: email@example.com
18. PLATFORM DATA FIELDS
The highlighted fields are required, the other fields are optional (as determined by seller).
|Bank Account Number|
|Bank Account Type|
|Buyers On Title (Number)|
|Checking Account Routing Number (ABA)|
|Date Account Last Worked Internally|
|Date Check Returned|
|Date Last Paid|
|Date of Birth|
|Date on Check|
|Debt Disbursement Amount|
|Debt Disbursement Date|
|Deferred Check Number|
|Driving License, State Issued ID, Permanent Resident Card, Passport|
|Employee Supervisor Name|
|Employee Supervisor Phone|
|Employment Start Date|
|First Delinquency Date|
|First Payment Default Return Code|
|Home Ownership Status|
|How Pay is Received|
|ID Issuing Province|
|Identification Number of the ID|
|Last Missed Payment Date|
|Last Payment Amount|
|Last Payment Date|
|Last Payment Default Return Code|
|Last Payment Status|
|Loan Product Type|
|Merchant Store ID|
|Number of Months with Current Employer|
|Phone City Area Code|
|Phone Country Code|
|Seller (If not Original Creditor)|
|The Last Due Date That Resulted in Default|
|Total Amount Paid on Loan|
|Total Interest Balance|
|Total Paid Post Default|
|Total Paid Prior To Default|
|Total Principal Balance|
|Work Phone Extension|
|Write Off Date|
|Write Off Reason|