Privacy Notice
CNH Capital
Last modified: December 1, 2023
1. Introduction
CNH
Industrial Capital America LLC, CNH Industrial Capital Canada Ltd. and New
Holland Credit Company, LLC (collectively, “Company,” “we,” “our,’ or “us”) respects your privacy and are
committed to protecting it through our compliance with this policy.
This
Privacy Notice (our “Privacy Notice”)
describes the types of information we may collect, use, maintain, protect,
disclose, or otherwise process about you when you apply for or obtain a financial
product or service for your business or any other business for which you are
authorized to obtain such financial products (in each case, “Your Business”)
from the Company, either directly or indirectly through an authorized equipment
dealer, including, without limitation, for commercial lending, leasing,
insurance, and revolving charge accounts (each, a “Financial Product or
Service”), or when you access your Financial Product or Service account through,
or you visit, https://myaccount.cnhindustrialcapital.com, https://www.cnhindustrialcapital.com or
any other Company-branded or affiliate website that allows you to pre-qualify
or apply for a Financial Product or Service from the Company for Your Business
(each such website, a “Website”)
and our practices for collecting, using, maintaining, protecting, disclosing,
or otherwise processing that information. Note that our Financial Products and
Services are not directed towards individuals for personal, family, or
household use.
This
policy applies to information we collect:
- on our Websites, when you visit our Websites or access any Financial
Product or Service account through our Websites (including to make payments);
- when you apply for (including to pre-qualify for) a Financial
Product or Service on behalf of Your Business or when we service such an
account;
- from telephone calls, voice messages, written correspondence, email,
text, and other electronic messages, between you and us related to the
Financial Products and Services you obtain or use for Your Business;
- when you interact with our advertising and applications on
third-party websites and services, if those applications or advertising include
links to this policy; and
- from certain equipment dealers with whom you transact business on
behalf of Your Business.
Except
as described in this Privacy Notice, it does not apply to information collected
by:
- us through any other means, including on any other website
operated by Company or any third-party (including our affiliates and
subsidiaries), or for any purpose other than applying for or obtaining a
Financial Product or Service for Your Business. For more information about our
privacy practices related to information we collect through these channels,
please see the appropriate privacy policy for the website or interaction with
us;
- us or any of our affiliates related to your use of any product and
service that is not a Financial Product or Service offered by Company or our
affiliates. Please see the applicable privacy notice for more information about
our privacy practices related to you;
- us or any of our affiliates or subsidiaries related to your or any
other individual’s employment or potential employment with us. If you are an
employee or applicant to the Company, please see your Human Resources
representative for information about our privacy practices for this type of
information; or
- any third party (including our independent dealers, affiliates,
and subsidiaries), including through any application or content (including
advertising) that may link to or be accessible from the Website or that you
otherwise may provide your Personal Information to. For more information about
such third-parties’ privacy practices, please ask the applicable third-party.
For
more information about our privacy practices related to personal information collected
in relation to Your Business’ participation to the Parts Perks Program (if
applicable), please see a separate privacy notice, found here.
Please
read this Privacy Notice carefully to understand our policies and practices
regarding your information and how we will treat it. If you do not agree with
our policies and practices, your choice is not to use any Financial Product or
Service or our Websites. By accessing or using our Financial Products or
Services or our Websites, you agree to this Privacy Notice. This Privacy Notice
may change from time to time (see Changes to Our Privacy Notice). Your continued use of any Financial Product or Service or our
or your continued access or visit any of our Websites after we make changes, is
deemed to be acceptance of those changes, so please check this Privacy Notice
periodically for updates.
2. Children
Under the Age of 18
Our Financial Products or Services
and Website are not intended for children under 18 years of age. No one under
age 18 may provide any information in relation to any Financial Product or
Service or to or on the Websites. We do not knowingly collect Personal Data
from children under 18. If you are under 18, do not use any Financial Product
or Service or use or provide any information on our Websites or on or through
any of its features, including your name, address, telephone number, email
address, or any screen name or user name you may use. If we learn we have
collected or received Personal Data from a child under 18 without verification
of parental consent, we will delete that information. If you believe we might
have any information directly from a child under 18, please contact us through
the contact information below.
3. Information We Collect About You and How We Collect It
Throughout this Privacy Notice,
the term “Personal Data” means any information that identifies, relates
to, describes, references, is reasonably capable of being associated with, or
could reasonably be linked, directly or indirectly, with a particular
individual or device. However, Personal Data does not include any deidentified
or aggregated information.
Generally
We collect Personal Data from various
sources, including:
- directly
from you when you provide it to us, including when you fill out forms to obtain
a Financial Product or Service for Your Business;
- automatically
as you navigate through the Websites;
- information
that we create about you when you apply for, obtain, or otherwise use a
Financial Product or Service and as you use our Websites; and
- From
third parties such as credit reporting agencies and certain equipment dealers
with whom you transact business.
Information
You Provide to Us
We may collect the following types
of Personal Data directly from you when you apply for, obtain, or otherwise use
a Financial Product or Service or otherwise access or use our Website: real
name, alias, home and/or business postal address, unique personal identifier
(such as a loan number or other account number), home and/or business email
address, home, mobile and/or business telephone number, social security number,
social insurance number, drivers’ license or other government-issued ID number,
insurance information, title, employer name, age, birthdate, records of goods
and services purchased, obtained, or considered to be purchased or obtained and
any other identifier by which you may be contacted online or offline. We may be
required to report certain demographic information to government regulators and
may collect certain information about you or Your Business, such as your
minority owned business status, women owned business status, LGBTQIA+ owned
business status, and your principal owners’ ethnicity, race, and sex, however providing
this information is completely optional. In addition, we also collect other
types of information that you may provide when you fill out a form or through
your correspondence with us.
We collect the Personal Data through:
- information
that you provide by filling in forms to obtain a Financial Product or Service
or forms on any of our Websites or at one of our dealers. This includes
information provided at the time of registering to use any of our Websites;
- if
you contact us, records and copies of your correspondence (including email
addresses and telephone numbers);
- your
responses to surveys that we might ask you to complete for research purposes;
and
- details
of transactions you carry when you use a Financial Product or Service,
including online or at a dealer (for example, when you use our revolving credit
account or make a purchase or lease that is the subject of a Financial Product
or Service). You may be required to provide financial information before obtaining
a Financial Product or Service, including making a payment through our Websites.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and
interact with our Websites, we may use automatic data collection technologies
to collect certain Personal Data about your interaction with our Website,
including information about your equipment, browsing actions, and patterns.
This includes:
- details
of your visits to our Websites. This includes browsing history, search history,
traffic data, location data, logs, referring/exit pages, date and time of your
visit to our Websites, error information, clickstream data, and other
communication data and the resources that you access, use, or otherwise
interact with on the Website;
- your
general geographic location based off of IP addresses (i.e., town, city,
state);
- Information
about your computer and internet connection, i.e., your IP address, operating
system, and browser type.
The information we collect
automatically may include Personal Data or we may maintain it or associate it
with Personal Data we collect in other ways or receive from third parties. It
helps us to improve our Websites and to deliver a better and more personalized
service by enabling us to:
- estimate
our audience size and usage patterns;
- store
information about your preferences;
- secure
our Websites and our customers’ accounts;
- customize
our Websites according to your individual interests;
- speed
up your searches; and
- recognize
you when you return to our Websites.
The
technologies we use for this automatic data collection may include:
- Cookies
(or browser cookies). A
cookie is a small file placed on the hard drive of your computer. Our Websites
may use both session cookies (which expire once you close your browser) and
persistent cookies (which stay on your computer until you delete them) to
provide you with a more personal and interactive experience on our Websites. Unless
you have adjusted your browser setting so that it will refuse cookies, our
system will issue cookies when you direct your browser to our Websites. You may
find out more about the specific cookies that we use by clicking on the
“Cookies Settings” link at the bottom of our Website and reviewing the
information about each category of cookies. You may adjust your settings by
clicking on the “Cookies Settings” link at the bottom of our Websites and
adjusting the setting for each category of cookie. You can also set your
browser to refuse all or some browser cookies, or to alert you when cookies are
being sent. However, if you do not consent to our use of cookies or select these
setting you may be unable to access certain parts of our Websites. You can find
more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.
- Session
Cookies.
Our use of cookies also includes “session cookies.” Each time you access the
Websites, a session cookie containing an encrypted, unique identifier is placed
on your browser. These session cookies allow us to uniquely identify you when
you use the Websites and track which pages of the Websites you access. Session
cookies are required to use the Websites.
- Web
Beacons.
Pages of our Websites and our e-mails may contain small electronic files known
as web beacons (also referred to as clear gifs, pixel tags, and single-pixel
gifs) that permit the Company, for example, to count users who have visited
those pages or opened an email and for other related website statistics (for
example, recording the popularity of certain website content and verifying
system and server integrity).
Third-Party Use of Cookies and Other Tracking Technologies
Some
content or applications, including advertisements, on the Websites are served
by third-parties, including advertisers, ad networks and servers, content
providers, analytics providers, social media companies, and application
providers. These third parties may use cookies alone or in conjunction with web
beacons or other tracking technologies to collect information about you when
you use our Websites. The information they collect may be associated with your Personal
Data or they may collect information, including Personal Data, about your
online activities over time and across different websites and other online
services. They may use this information to provide you with interest-based
(behavioral) advertising or other targeted content.
We do not control these third
parties’ tracking technologies or how they may be used. If you have any
questions about an advertisement or other targeted content, you should contact
the responsible provider directly. For information about how you can opt out of
receiving targeted advertising from many providers, see Choices About How We Use and
Disclose Your Information.
Information
We Create About You
We may also create certain
information about you. When we associate this information with other Personal
Data about you, we consider this information to be Personal Data. This
information includes: unique identifiers (such as loan and account numbers),
records of personal property, products, or services purchased, obtained, or
considered by you on behalf of Your Business, or other purchasing or usage histories
or tendencies by you on behalf of Your Business, Financial Product or Service
balance and payment history.
Information
We Collect from Third Parties
We may collect Personal Data from
third parties. When we associate this information with other Personal Data
about you, we consider this information to be Personal Data. This information
includes: real name, alias, work postal address, unique personal identifier
(such as a loan number or other account number), work email address, work
telephone number, social security number, drivers’ license or other
state-issued ID number, insurance information, title, employer name, age,
birthdate, records of goods and services purchased, obtained, or considered to
be purchased or obtained, credit history, credit score, other credit check
information, and any other identifier by which you may be contacted online or
offline.
4. How We Use Your Information
We use information that we collect
about you or that you provide to us, including any Personal Data:
- to
provide and personalize our Websites and their content to you;
- to
provide you with information about our Financial Products and Services that you
request from us;
- to
review and make approval decisions about your application for a Financial
Product or Service;
- to
fund Your Business’s loan or lease (if your application is approved), or other
extension of credit, or to otherwise provide Your Business with a Financial
Product or Service you request from us (when applicable);
- to
service a Financial Product or Service you obtain from us, including to process
your transactions and payments and prevent transactional fraud;
- to
support, develop, troubleshoot, and debug our Websites and other Financial
Products or Services;
- to
create, maintain, customize, and secure your Financial Product or Service account
with us;
- to
provide you with notices about your Financial Product or Service account,
including invoices, expiration, and renewal notices;
- to
provide you with support and to respond to your inquiries, including to
investigate and address your concerns and monitor and improve our responses;
- to
help maintain the safety, security, and integrity of our Websites, Financial
Products or Services, databases and other technology assets, and business;
- for
internal testing, research, analysis, and product development, including to
develop and improve our Websites and a Financial Products or Services;
- detecting
security incidents, protecting against malicious, deceptive, fraudulent, or
illegal activity, and prosecuting those responsible for that activity;
- debugging
to identify and repair errors that impair existing intended functionality of
our Websites;
- to
carry out our obligations and enforce our rights arising from any contracts
entered into between you and us, including for billing and collection;
- to
notify you about changes to our Websites or any Financial Product or Service we
offer or provide;
- to
allow you to participate in interactive features on our Websites;
- in
any other way we may describe when you provide the information;
- to
fulfill any other purpose for which you provide it; and
- for
any other purpose with your consent.
We may also use your Personal Information
to contact you about our own goods and services that may be of interest to you.
If you do not want us to use your information in this way, please check the
relevant box located on the form on which we collect your data. If you wish to
change your choice, you may do so at any time by logging into the Websites and
adjusting our user preferences in your account profile by checking or
unchecking the relevant boxes or by contacting us through the contact
information below. For more information, see Choices About How We Use and Disclose Your Information.
5. Disclosure of Your Information
We do not share, sell, or
otherwise disclose your Personal Data for purposes other than those outlined in
this Privacy Notice. However, we may disclose aggregated information about our customers
and users, and information that does not identify any individual, without
restriction.
We may disclose Personal Data that
we collect or you provide as described in this Privacy Notice:
- to
our subsidiaries and affiliates for account management purposes;
- to
authorized equipment dealers with whom you transact business;
- to
contractors, service providers, and other third parties we use to support our
business. These entities provide IT and infrastructure support services, screening
services, identify verification services, credit modeling services, payment
processing services, and collection and legal services;
- to
a potential or actual buyer or other successor in the event of a planned or
actual merger, divestiture, restructuring, reorganization, dissolution, or
other sale or transfer of some or all of the Company’s assets, whether as a
going concern or as part of bankruptcy, liquidation, or similar proceeding, in
which Personal Data held by the Company about our users of our Websites and/or
any Financial Product or Service is among the assets transferred;
- to
a potential or actual buyer or other successor in the event of a sale, transfer
or assignment of your Financial Product or Service account;
- to
fulfill the purpose for which you provide it. For example, if you give us insurance
information, we will use such information to verify your insurance and to
notify your insurance company about any loans on your insured items related to
your use of our Financial Products or Services;
- for
any other purpose disclosed by us when you provide the information; and
- with
your consent.
We may also disclose your Personal
Data:
- to
comply with any court order, law, or legal process, including to respond to any
government or regulatory request;
- to
enforce or apply our terms of use for our Websites and the terms and conditions
of your use of a Financial Product or Service and other agreements, including
for billing and collection purposes; and
- if
we believe disclosure is necessary or appropriate to protect the rights,
property, or safety of the Company, a dealer, our or their customers, our
employees, or others. This includes exchanging information with other companies
and organizations for the purposes of fraud protection and credit risk
reduction.
We may also use your Personal Data
to contact you, or share your Personal Data with our subsidiaries and
affiliates so they may contact you, about our own and third parties’ goods and
services that may be of interest to you. If you do not want us to use your
Personal Data in this way, please contact us at the contact information below
and request that we no longer use or share your Personal Data for these purposes.
In addition, we will send you a notice describing our disclosure if your
Personal Information with out subsidiaries and affiliates for such marketing
purposes and which will also provide you more information about how you may
opt-out of such disclosures.
We do not control the collection
and use of your information collected by third parties described above in Disclosure
of Your Information.
When possible, these organizations are under contractual obligations to use
this data only for providing the services to us and to maintain this
information strictly confidential. These third parties may, however, aggregate
the information they collect with information from their other customers for
their own purposes.
In addition, we strive to provide
you with choices regarding the Personal Data we have collected about you. We
have created mechanisms to provide you with control over your Personal Data:
- Tracking Technologies and
Advertising. You
can opt-out of our use of certain non-essential cookies by clicking the
“Cookies Settings” link at the bottom of the Website and adjusting your cookie
preferences. You can also set your browser to refuse all or some browser
cookies, or to alert you when cookies are being sent. If you disable or refuse
some cookies, please note that some parts of our Website may then be
inaccessible or not function properly.
- Promotional Offers from the Company. If you do not want us to use your contact information to promote
our own products and services and/or do not want us to disclose your Personal
Information to our affiliates and subsidiaries for them to promote their
products and services, you can opt-out at any time by contacting us through the
contact information below and stating your request. If we have sent you a
promotional email, you may click the unsubscribe link in the body of that email
to be omitted from future email distributions. This opt-out does not apply to
information provided to Company as a result of a product purchase, warranty
registration, product service experience or other transactions, including any
use to process your application for, provide you with, or service any Financial
Product or Service.
We do not control third parties’
collection or use of your information to serve interest-based advertising.
However, these third parties may provide you with ways to choose not to have
your information collected or used in this way. You can learn more about
interest-based advertisements and your opt-out rights and options from members
of the Network Advertising Initiative (“NAI”)
on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its
website (www.aboutads.info).
California
residents may have additional personal information rights and choices. Please
see Jurisdiction-Specific
Privacy Rights for
more information.
7. Accessing, Correcting, and Deleting Your Personal Data
You can review and change some of your Personal Data by logging
into https://myaccount.cnhindustrialcapital.com and visiting your account profile
page to adjust this Personal Data. Note that not all Personal Data may be
updated in this way for security and/or legal compliance purposes.
You may also contact us at the
contact information below or shown on any invoice related to your Financial
Products or Services account to request access to, correct or delete any Personal
Data that you have provided to us. We cannot delete all of your Personal Data
except by also deleting your user account when there is no current balance. We
may not accommodate a request to change or delete your Personal Data if we
believe the change or deletion would violate any law or legal requirement or
cause the information to be incorrect or impede our ability to service or
collect on any account you currently have or guarantee.
The jurisdiction in which you are
a resident or are located may provide you with additional rights and choices
regarding your Personal Data. Please see Jurisdiction-Specific Privacy Rights
for more Information.
8. Jurisdiction-Specific Privacy Rights
The law in some jurisdictions may provide you
with additional rights regarding our use of Personal Data. To learn more about
any additional rights that may be applicable to you as a resident of one of
these jurisdictions, please see the privacy addendum for your state that is
attached to this Privacy Notice.
· Your
California Privacy Rights. If you are a resident of California, you have
the additional rights described in the California Privacy Addendum.
· Your
Canada Privacy Rights. If you are a resident of Canada, you have the additional
rights described in the Canada Privacy Addendum.
9. Do Not Track Signals
We may use automated data
collection technologies to collect information about your online activities
over time and across third-party websites or other online services (behavioral
tracking). Some web browsers permit you to broadcast a signal to websites and
online services indicating a preference that they “do not track” your online
activities. At this time, we do not honor such signals and we do not modify
what information we collect or how we use that information based upon whether
such a signal is broadcast or received by us.
10. Data Security
We have implemented measures
designed to secure your Personal Data from accidental loss and from
unauthorized access, use, alteration, and disclosure.
The safety and security of your
information also depends on you. Where we have given you (or where you have
chosen) a password for access to certain parts of our Websites or to use a
Financial Product or Service, you are responsible for keeping this password
confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of
information via the internet is not completely secure. Although we do our best
to protect your Personal Data, we cannot guarantee the security of your Personal
Data transmitted to our Websites. Any transmission of Personal Data is at your
own risk. We are not responsible for circumvention of any privacy settings or
security measures deployed on the Websites.
11. Consent to Processing of Personal Data in the United States
In
order to provide our Websites and Financial Products or Services to you, we may
send and store your Personal Data outside of the country where you reside or
are located, including to countries that may not or do not provide an
equivalent level of protection for your Personal Data. Your Personal Data may
be processed and stored in the United States and federal, state, and local
governments, courts, or law enforcement or regulatory agencies in the United
States may be able to obtain disclosure of your information through the laws of
the United States. By using our Websites or a Financial Product or Service, you
represent that you have read and understood the above and hereby consent to the
storage and processing of Personal Data outside the country where you reside or
are located, including in the United States.
Your
Personal Data is transferred by the Company to another country only if it is
required or permitted under applicable data protection law and provided that
there are appropriate safeguards in place to protect your Personal Data. To
ensure your Personal Data is treated in accordance with this Privacy Notice
when we transfer it to a third party, Company uses Data Protection Agreements
between Company and all other recipients of your Personal Data when required by
applicable law.
We may change this Privacy Notice
at any time. It is our policy to post any changes we make to our Privacy Notice
on this page with a notice that the Privacy Notice has been updated on the Websites’
home page or in an invoice. If we make material changes to how we treat our
users’ Personal Data, we will notify you by email to the email address
specified in your account, through a notice on the Websites’ home page, or as
an insert in an invoice. The date this Privacy Notice was last revised is
identified at the top of the page. You are responsible for ensuring we have an
up-to-date active and deliverable email address for you, and for periodically
visiting our Websites and this Privacy Notice to check for any changes.
Your continued use of our websites or our Financial Products or
Services following the posting of changes constitutes your acceptance to such
changes.
If you have any questions,
concerns, complaints, or suggestions regarding our Privacy Notice or the ways
in which we collect and use your Personal Data described in this Privacy Notice,
have any requests related to your Personal Data pursuant to applicable laws, or
otherwise need to contact us, you may contact us at the contact information
below or through the “Contact” page on our Websites.
North America Data Privacy Manager
Email: Privacy-NA@cnhind.com
Postal Address: CNH
Industrial America LLC
Attn: Legal
6900 Veterans Blvd
Burr
Ridge, IL 60527
CNH Industrial Capital
Privacy
Notice Addendum for California Residents
Effective
Date: December 1, 2023
1. Introduction
This Privacy Notice Addendum for California Residents (the “California
Privacy Addendum”) supplements the information contained in the Privacy
Notice for CNH Industrial Capital America LLC, CNH Industrial Capital Canada
Ltd., and New Holland Credit Company, LLC (collectively, “Company,” “we,” “our,’ or “us”) and describes our collection and
use of Personal Information (as defined below). This California Privacy
Addendum applies solely to all visitors, users, and others who reside in the
State of California (“Data Subject” or “you”). We adopt this
notice to comply with the California Consumer Privacy Act of 2018 as amended by
the California Privacy Rights Act of 2020 (collectively, the “CCPA”) and
any terms defined in the CCPA have the same meaning when used in this notice.
2. Scope of this California Privacy Addendum
This California Privacy Addendum
applies to information that we collect when you apply for or obtain a financial
product or service for your business or any other business for which you are
authorized to obtain such financial products (in each case, “Your Business”)
from the Company, either directly or indirectly through an authorized equipment
dealer, including for commercial lending, leasing, insurance, and revolving
charge accounts (each, a “Financial Product or Service”), or when you
access your Financial Product or Service account through, or you visit, https://myaccount.cnhindustrialcapital.com,
https://www.cnhindustrialcapital.com,
or any other Company-branded or affiliate website that allows you to
pre-qualify or apply for a Financial Product or Service from the Company for
Your Business (each such website, a “Website”)
that identifies, relates to, describes, references, is capable of being
associated with, or could reasonably be linked, directly or indirectly, with
you or your device (“Personal
Information”). However, publicly available information that we collect from
government records and deidentified or aggregated information (when
deidentified or aggregated as described in the CCPA) are not considered
Personal Information and this California Privacy Addendum does not apply to
such information.
This California Privacy Addendum
does not apply to employment-related Personal Information collected from our
California-based employees, job applicants, contractors, or similar individuals
(“Personnel”). Please contact your local human resources department if
you are part of our California Personnel and would like additional information
about how we process your Personal Information.
This California Privacy Addendum
also does not apply to our collection and use of your Personal Information
related to you as an individual customer of any product and service offered by
Company or our affiliates. Please see the applicable privacy notice for more
information about our privacy practices related to you as an individual customer.
3. Information We Collect About You and How We Collect It
We collect, and over the prior
twelve (12) months have collected, the following categories of Personal
Information about Data Subjects:
Identifiers: A real name; alias; postal
address; unique personal identifier; online identifier; Internet Protocol
address; email address; account name; Social Security number; driver’s license
number; passport number; and other similar identifiers.
Personal
information categories listed in the California Customer Records statute (Cal.
Civ. Code § 1798.80(e)): A name; signature; Social Security
number; address; telephone number; passport number; driver’s license or state
identification card number; insurance policy number; employment; bank account
number; credit card number, debit card number, or any other financial
information. Some Personal Information included in this category may overlap
with other categories.
Protected classification characteristics under California or
federal law: Age (40 years or older); race; color; ancestry; national origin;
citizenship; religion or creed; marital status; 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). Providing this type of
Personal Information may be optional in some cases.
Commercial information: Records of personal property,
products, or services purchased, obtained, or considered, or other purchasing
or using histories or tendencies, together with commercial credit bureau
information that may reflect a Data Subject’s credit score or may otherwise be considered
Personal Information.
Internet or other similar network activity: Browsing
history; search history; information on a Data Subject’s interaction with a
website, application, or advertisement.
Geolocation data: IP based physical location or
movements that may identify a Data Subject’s general geographic location to
town, city, and state. We may also collect information that may identify the precise
geolocation of a Data Subject’s equipment that is the subject of a Financial
Product or Service within a radius of less than 1,850 feet.
Professional or employment-related information: Current
or past job history.
Sensitive
Personal Information (“Sensitive Personal Information”):
- Government
identifiers (social security; driver’s license; state identification card; or
passport number)
- Complete
account access credentials (user names, financial account numbers, or debit
card numbers combined with required access/security code or password)
- Precise
geolocation (within an area of less than 1850 feet)
- Racial
or ethnic origin
- Health;
sex life; or sexual orientation information
Company will not collect
additional categories of Personal Information without providing you notice. As
further described in To Whom Do We
Sell or Share Your Personal Information, our use of cookies on the
Websites may be considered a “sale” of Personal Information for monetary or
other valuable consideration or a “sharing” of Personal Information for
cross-context behavioral advertising.
4. Sources of Personal Information
We collect Personal Information about you from the sources
described in our Privacy Notice.
5. Purposes for Our Collection of Your Personal Information
We may use, “sell” for monetary or
other valuable consideration, “share” for the purposes of cross-context
behavioral advertising, or disclose the Personal Information we collect and,
over the prior twelve (12) months, have used, “sold” for monetary or other
valuable consideration, shared for the purpose of cross-context behavioral
advertising, or disclosed the Personal Information we have collected, for the
purposes described in our Privacy Notice as well as the following additional
purposes:
- Short-term,
transient use, provided the Personal Information that is not disclosed to
another third-party and is not used to build a profile about you or otherwise
alter your experience outside the current interaction, including, but not
limited to, the contextual customization of ads shown as part of the same
interaction; and
- Performing
services on behalf of the Company or another service provider, including
maintaining or servicing accounts, providing customer service, processing or
fulfilling orders and transactions, verifying customer information, processing
payments, providing financing, providing advertising or marketing services, providing
analytic services, or providing similar services on behalf of the business or
service provider.
Company will not use the Personal
Information we collected for materially different, unrelated, or incompatible
purposes without providing you notice.
Company may disclose your Personal
Information to third parties for one or more business purposes. We disclose
Personal Information for a business purpose to non-affiliated third-parties, which
are under contractual obligation to use it solely for the fulfilment of the
purposes described in this Privacy Notice.
In
the preceding twelve (12) months, Company has disclosed the following
categories of Personal Information for one or more of the business purposes
described below to the following categories of third parties:
Identifiers:
Service providers; affiliates, parents, and subsidiary
organizations of Company; actual or potential buyer or successor in interest of
one or more Financial Product or Service accounts, the Company’s account
portfolio, or of the entire Company; Internet cookie information recipients,
such as analytics and behavioral advertising services; government entities
(including for registration and title purposes); insurance companies; equipment
dealers.
Personal
information categories listed in the California Customer Records statute (Cal.
Civ. Code § 1798.80(e)): Service providers; affiliates,
parents, and subsidiary organizations of Company; government entities
(including for registration and title purposes); actual or potential buyer or
successor in interest of one or more Financial Product or Service accounts, the
Company’s account portfolio, or of the entire Company; insurance companies;
equipment dealers.
Protected
classification characteristics under California or federal law: Service
providers; affiliates, parents, and subsidiary organizations of Company; actual
or potential buyer or successor in interest of one or more Financial Product or
Service accounts, the Company’s account portfolio, or of the entire Company.
Commercial
information: Service providers; affiliates, parents, and subsidiary
organizations of Company; government entities (including for registration and
title purposes); actual or potential buyer or successor in interest of one or
more Financial Product or Service accounts, the Company’s account portfolio, or
of the entire Company; insurance companies; equipment dealers.
Internet
or other similar network activity: Service providers; affiliates,
parents, and subsidiary organizations of Company; social media companies;
Internet cookie information recipients, such as analytics and behavioral
advertising services.
Geolocation
data: Service providers; affiliates, parents, and subsidiary
organizations of Company; actual or potential buyer or successor in interest of
one or more Financial Product or Service accounts, the Company’s account
portfolio, or of the entire Company; equipment dealers.
Professional
or employment-related information: Service Providers; affiliates,
parents, and subsidiary organizations of Company; actual or potential buyer or
successor in interest of one or more Financial Product or Service accounts, the
Company’s account portfolio, or of the entire Company.
Sensitive
Personal Information (“Sensitive Personal Information”):
- Government
identifiers (social security, driver’s license, state identification card, or
passport number): Service providers; affiliates, parents, and subsidiary
organizations of Company; government entities (including for registration and
title purposes); insurance companies; actual or potential buyer or successor in
interest of one or more Financial Product or Service accounts, the Company’s
account portfolio, or of the entire Company.
- Complete
account access credentials (user names, account numbers, or card numbers
combined with required access/security code or password):
Service providers; actual or potential buyer or successor in interest of one or
more Financial Product or Service accounts, the Company’s account portfolio, or
of the entire Company.
- Precise geolocation (within an
area of less than 1850 feet). Service providers; actual or
potential buyer or successor in interest of one or more Financial Product or
Service accounts, the Company’s account portfolio, or of the entire Company; equipment
dealers.
- Racial or ethnic origin. Service
providers; government entities; actual or potential buyer or successor in
interest of one or more Financial Product or Service accounts, the Company’s
account portfolio, or of the entire Company.
- Health; sex life; or sexual
orientation information. Service providers; government
entities; actual or potential buyer or successor in interest of one or more
Financial Product or Service accounts, the Company’s account portfolio, or of
the entire Company.
We disclose your Personal
Information to the categories of third parties listed above for the following
business purposes:
- Helping
to ensure security and integrity of our Website and Financial Products or
Services to the extent the use of the Personal Information is reasonably
necessary and proportionate for these purposes.
- Debugging
to identify and repair errors that impair existing intended functionality.
- Performing
services on behalf of us, including maintaining or servicing accounts,
providing customer service, processing or fulfilling orders and transactions,
verifying customer information, processing payments, providing financing,
providing analytic services, providing storage, or providing similar services
on behalf of us.
- Undertaking
internal research for technological development and demonstration.
- Undertaking
activities to verify or maintain the quality or safety of a service or device
that is owned, manufactured, manufactured for, or controlled by us (including
our Website and Financial Products or Services), and to improve, upgrade, or
enhance the service or device that is owned, manufactured, manufactured for, or
controlled by us.
In addition to the above, we may
disclose any or all categories of Personal Information to any third-party
(including government entities and/or law enforcement entities) as necessary
to:
- comply with federal, state, or local laws (including for required
regulatory reporting), or to comply with a court order or subpoena to provide
information;
- comply with a civil, criminal, or regulatory inquiry,
investigation, subpoena, or summons by federal, state, or local authorities;
- cooperate with law enforcement agencies concerning conduct or
activities that we (or one of our service providers’) believe may violate
federal, state, or local law;
- comply with certain government agency requests for emergency
access to your Personal Information if you are at risk or danger of death or
serious physical injury; or
- exercise or defend legal claims.
7. To Whom Do We Sell or Share Your Personal Information
“Sale”
of Your Personal Information for Monetary or Other Valuable Consideration
As noted in our Privacy Notice, we
do not sell Personal Information as the term “sell” is commonly understood to
require an exchange for money. However, the use of advertising and analytics
cookies on our Websites is considered a “sale” of Personal Information as the
term “sale” is broadly defined in the CCPA to include both monetary and
other valuable consideration. Using this broad definition, our “sale” is
limited to our use of third-party advertising and analytics cookies and their
use in providing behavioral advertising and their use in understanding how
people use and interact with our Websites. Our “sales” of your Personal
Information in this matter is subject to your right to opt-out of those sales
(see Your Choices Regarding our “Sale”
or “Sharing” of your Personal Information). The CCPA
prohibits third parties who purchase the Personal Information we hold from
reselling it unless you have received explicit notice and an opportunity to
opt-out of further sales.
“Sharing”
of Your Personal Information for Cross-Context Behavioral Advertising
Company may “share” your Personal
Information for the purpose of cross-context behavioral advertising, subject to
your right to opt-out of that sharing (see Your
Choices Regarding our “Sale” or “Sharing” of your Personal Information).
Our “sharing” for the purpose of cross-context behavioral advertising would be
limited to our use of third-party advertising cookies and their use in
providing you cross-context behavioral advertising (i.e., advertising on other
websites or in other mediums). When the recipients of your Personal Information
disclosed for the purpose of cross-context behavioral advertising are also
permitted to use your Personal Information to provide advertising to others, we
also consider this disclosure as a “sale” for monetary or other valuable
consideration under the CCPA.
In the preceding twelve (12)
months, Company has “sold” for monetary or other valuable consideration, or
“shared” for the purpose of cross-context behavioral advertising, the following
categories of Personal Information to the following categories of third
parties:
Identifiers: We sell
and share this category of Personal Information for advertising and analytics
purposes to the following categories of third parties: business partners;
advertisers and advertising networks; social media companies; Internet cookie
information recipients, such as analytics and behavioral advertising services.
Personal information categories listed in the California Customer
Records statute (Cal. Civ. Code § 1798.80(e)): We do not sell or share this category of Personal
Information.
Commercial information: We do
not sell or share this category of Personal Information.
Internet or other similar network activity: We sell and share this category of
Personal Information for advertising and analytics purposes to the following
categories of third parties: business partners; advertisers and advertising
networks; social media companies; Internet cookie information recipients, such
as analytics and behavioral advertising services.
Professional or employment-related information: We do not sell or share this category of Personal
Information.
L.
Sensitive Personal Information:
- Government
identifiers (social security, driver’s license, state identification card, or
passport number): We do not sell or share this category of
Personal Information.
- Complete
account access credentials (user names, account numbers, or card numbers combined
with required access/security code or password): We do not sell or share this category of Personal
Information.
- Precise geolocation (within an
area of less than 1850 feet): We do
not sell or share this category of Personal Information.
- Racial or ethnic origin: We do not sell or share this category of Personal
Information.
- Health; sex life; or sexual
orientation information: We do
not sell or share this category of Personal Information.
Sale
of Personal Information of Minors Under the Age of 16
We
do not have any actual knowledge that we “sell” the Personal Information of
minors under the age of 16 for monetary or other valuable consideration and we
do not have any actual knowledge that we “share” such Personal Information for
cross-context behavioral advertising without affirmative consent as required by
the CCPA. More information on how minors under the age of 16 may change their
choice regarding the “sale” or “sharing” of their Personal Information can be
found in Your Choices Regarding
our “Sale” or “Sharing” of Your Personal Information.
8. Privacy Requests
The CCPA provides California
residents with specific rights regarding their Personal Information. This
section describes your CCPA rights and explains how to exercise those rights.
You may exercise these rights yourself or through your Authorized Agent. For
more information on how you or your Authorized Agent can exercise your rights,
please see Exercising Your CCPA Privacy Rights.
- Right
to Know. You have the right to request that Company disclose certain
information to you about our collection and use of your Personal Information
over the past 12 months (a “Right to Know” Privacy Request). This
includes: (a) the categories of Personal Information we have collected about
you; (b) the categories of sources from which that Personal Information came from;
(c) our purposes for collecting this Personal Information; (d) the categories
of third parties with whom we have shared your Personal Information; and (e) if
we have “sold” or “shared” or disclosed your Personal Information, a list of
categories of third parties to whom we “sold” or “shared” your Personal
Information, and a separate list of the categories of third parties to whom we
disclosed your Personal Information to. You must specifically describe if you
are making a Right to Know request or a Data Portability Privacy Request (as
defined below). If you would like to make both a Right to Know Privacy Request
and a Data Portability Privacy Request you must make both requests clear in
your request. If it is not reasonably clear from your request, we will only
process your request as a Right to Know request. You may make a Right to Know
or a Data Portability Privacy Request a total of two (2) times within a
12-month period at no charge.
- Access
to Specific Pieces of Information (Data Portability).
You also have the right to request that Company provide you with a copy of the
specific pieces of Personal Information that we have collected about you,
including any Personal Information that we have created or otherwise received
from a third-party about you (a “Data Portability” Privacy Request). If
you make a Data Portability Privacy Request electronically, we will provide you
with a copy of your Personal Information in a portable and, to the extent
technically feasible, readily reusable format that allows you to transmit the
Personal Information to another third-party. You must specifically describe if
you are making a Right to Know request or a Data Portability request. If you
would like to make both a Right to Know Privacy Request and a Data Portability Privacy
Request you must make both requests clear in your request. If it is not
reasonably clear from your request, we will only process your request as a
Right to Know request. In response to a Data Portability Privacy Request, we
will not disclose your social security number, driver’s license number or other
government-issued identification number, financial account number, or your
account password or security question or answers. We will also not provide this
information if the disclosure would create a substantial, articulable, and
unreasonable risk to your Personal Information, your account with Company, or
the security of our systems or networks. We will also not disclose any Personal
Information that may be subject to another exception under the CCPA. If we are
unable to disclose certain pieces of your Personal Information, we will
describe generally the types of personal information that we were unable to
disclose and provide you a description of the reason we are unable to disclose
it. You may make a Right to Know or a Data Portability Privacy Request a total
of two (2) times within a 12-month period at no charge.
- Correction.
You have the right to request that we correct any incorrect Personal
Information about you to ensure that it is complete, accurate, and as current
as possible. You may review and correct some Personal Information about
yourself by logging into the Websites and visiting your “Account” page. You may
also request that we correct the Personal Information we have about you as
described below under Exercising Your CCPA Privacy Rights. In some
cases, we may require you to provide reasonable documentation to show that the
Personal Information we have about you is incorrect and what the correct
Personal Information may be. We may also not be able to accommodate your
request if we believe it would violate any law or legal requirement or cause
the information to be incorrect or if the Personal Information is subject to
another exception under the CCPA.
- Deletion.
You have the right to request that Company delete any of your
Personal Information that we collected from you and retained, subject to
certain exceptions. Once we receive and confirm your Privacy Request (see Exercising Your CCPA Privacy Rights),
we will delete (and direct our service providers to delete) your Personal
Information from our records, unless an exception applies pursuant to the CCPA.
Some exceptions to your right to delete include, but are not limited to, if we
are required to retain your Personal Information to complete the transaction or
provide you the goods and services for which we collected the Personal
Information or otherwise perform under our contract with you, to detect
security incidents or protect against other malicious activities, and to comply
with legal obligations. We may also retain your Personal Information for other
internal and lawful uses that are compatible with the context in which we
collected it. In
addition, we cannot completely delete your Personal Information as some data
may rest in previous backups. These will be retained for the periods set forth
in our disaster recovery policies.
- Non-Discrimination.
We will not discriminate against you for exercising any of your CCPA
rights. Unless permitted by the CCPA, we will not do any of the following as a
result of you exercising your CCPA rights: (a) deny you goods or services; (b)
charge you different prices or rates for goods or services, including through
granting discounts or other benefits, or imposing penalties; (c) provide you a
different level or quality of goods or services; or (d) suggest that you may
receive a different price or rate for goods or services or a different level or
quality of goods or services.
Exercising Your CCPA
Privacy Rights
To exercise the rights described
above, please submit a request (a “Privacy Request”) to us by either:
· Filling
the online form available [here];
or
- Emailing us at Privacy-NA@cnhind.com.
- Calling
us at our Toll-Free Customer Care Number at +1 (800) 501-5711.
If you fail to make your Privacy
Request in accordance with the ways described above, we may either treat your
request as if it had been submitted with our methods described above or provide
you with information on how to submit the request or remedy any deficiencies
with your request.
Only you, or your Authorized Agent
that you authorize to act on your behalf, may make a Privacy Request related to
your Personal Information. To designate an Authorized Agent, see Authorized Agents below.
All Privacy Requests must:
- Provide
sufficient information that allows us to reasonably verify you are the person
about whom we collected Personal Information or an Authorized Agent of such a
person as described below.
- Describe
your request with sufficient detail that allows us to properly understand,
evaluate, and respond to it.
Verifying
Your Identity
Before completing your request to
exercise your rights, we will verify that the request came from you by
comparing the identifying information provided by you in your request with any
Personal Information we maintain about you at that time. For all requests, we
will need your (i) name; (ii) email address, and (iii) telephone number.
To protect the privacy and
security of your Personal Information, we may also request additional
information from you to help us verify your identity and process your request.
This information may include all or a portion of your driver’s license or other
government-issued identification number. We may also contact you to ask you for
further information in relation to your request to speed up our response. You
may also be asked to complete and provide a signed declaration under penalty of
perjury that you are the Data Subject who is the subject of the request or
their Authorized Agent in certain circumstances. We will only use Personal
Information provided in a Consumer Request to verify the requestor’s identity
or authority to make the request.
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 which Personal Information relates to
you or the individual for whom you are making the request as their Authorized
Agent. Making a Privacy Request does not require you to create an account with
us. However, we do consider requests made through your password protected
online account sufficiently verified when the request relates to Personal
Information associated with that specific account.
We will only use Personal
Information provided in a Privacy Request to verify the requestor’s identity or
authority to make the request.
For instructions on exercising
sale opt-out rights, see Your
Choices Regarding our “Sale” or “Sharing” of Your Personal Information.
Authorized
Agents
You may authorize your agent to
exercise your rights under the CCPA on your behalf by registering your agent
with the California Secretary of State or by providing them with power of
attorney to exercise your rights in accordance with applicable laws (an “Authorized
Agent”). We may request that your Authorized Agent submit proof of identity
and that they have been authorized exercise your rights on your behalf. We may
deny a request from your Authorized Agent to exercise your rights on your
behalf if they fail to submit adequate proof of identity or adequate proof that
they have the authority to exercise your rights.
Response
Timing and Format
We will confirm our receipt of
your Privacy Request within ten (10) business days of its receipt. We will
generally process these requests within forty-five (45) calendar days of its
receipt. If we require more time (up to an additional 45 calendar days), we
will inform you of the reason and extension period in writing.
If you have an account with us, we
will deliver our written response to that account. If you do not have an
account with us, we will deliver our written response by mail or
electronically, at your option.
In response to a Right to Know or
Data Portability Privacy Request, we will provide you with all relevant
information we have collected or maintained about you on or after January 1,
2022, unless an exception applies. The response we provide will also explain
the reasons we cannot comply with a request, if applicable. For Data
Portability Privacy Request, we will select a format to provide your Personal
Information that is readily useable and should allow you to transmit the
information from one entity to another entity without hindrance.
We do not charge a fee to process
or respond to your Privacy Request unless it is excessive, repetitive, or
manifestly unfounded. We reserve the right to consider more than two (2) total
Right to Know or Data Portability Privacy Requests (or combination of the two)
in a twelve (12) month period to be repetitive and/or excessive and require a
fee. If we determine that your Privacy Request warrants a fee, we will tell you
why we made that decision and provide you with a cost estimate before
completing your request.
9. Your Choices Regarding our “Sale”
or “Sharing” of Your Personal Information
“Sale” of Your Personal Information
If
you are 16 years of age or older, you have the right to direct us to not sell
your Personal Information for monetary or other valuable consideration at any
time (the “right to opt-out”). We do not sell the Personal Information of Data
Subjects we actually know are less than 16 years of age, unless we receive
affirmative authorization (the “right to opt-in”) from either the Data Subject who
is between 13 and 16 years of age, or the parent or guardian of a Data Subject less
than 13 years of age. Data Subjects who opt-in to Personal Information sales
may opt-out of future sales at any time.
“Sharing” of Your Personal Information
If you are 16 years of age or
older, you have the right to direct us to not share your Personal Information
for the purposes of cross-context behavioral advertising, which is showing
advertising on other websites or other media based on your browsing history
with our Website (the “right to opt-out”). We do not share the Personal Information
of Data Subjects we actually know are less than 16 years of age for this
purpose, unless we receive affirmative authorization from either the Data
Subject who is between 13 and 16 years of age, or the parent or guardian of a Data
Subject less than 13 years of age. Data Subjects who opt-in to our sharing of
Personal Information for these purposes may opt-out of future such sharing at
any time.
How You May Opt-Out of Our Sale or
Sharing of Your Personal Information
To exercise the right to opt-out
of the “sale” of your Personal Information for monetary or other valuable
consideration and of “sharing” your Personal Information for the purposes of
cross-context behavioral advertising, you (or your Authorized Agent) may adjust
your cookie preferences by visiting the “Do Not Sell or Share My Personal
Information” or “Cookies Settings” links on the footer of the Websites, or by
configuring your browser to send us a privacy signal as described in more
detail below.
Once you make an opt-out request,
we will wait at least twelve (12) months before asking you to reauthorize
Personal Information sales. However, you may change your mind and opt back into
the sale of Personal Information at any time by adjusting the settings through
the same links.
You do not need to create an
account with us to exercise your opt-out rights. We will only use Personal
Information provided in an opt-out request to review and comply with the
request.
If you (or your Authorized Agent)
submit a request to opt-in to our “sale” or “sharing” of your Personal
Information, we will use a two-step process in order to confirm that you want
to opt-in for such “sale” or “sharing” of your Personal Information. This
process may require confirmation of your choices.
Browser Privacy Control Signals
You may also exercise your right
to opt-out of the “sale” of your Personal Information for monetary or other
valuable consideration and “sharing” your Personal Information for the purposes
of cross-context behavioral advertising by setting the privacy control signal
on your browser, if your browser supports it. We currently recognize and
support the following privacy signals sent by browsers:
· Global privacy control (for more information on how to configure
your browser to send this signal, please see https://globalprivacycontrol.org/).
When we receive one of these
privacy control signals, we will opt you out of any further “sale” or “sharing”
of your Personal Information when you interact with our Websites through that
browser and on that device. We will only be able to propagate your choice to
opt-out to your account if you are currently logged in when we receive the
privacy control signal from your browser. When we are able to propagate your
choice to your account, you will be opted out of “sale” or “sharing” of your
Personal Information on all browsers and devices on which you are logged in,
and for both online and offline “sales” and “sharing.”
10. Your Choices Regarding our Use and Disclosure of Your Sensitive
Personal Information
As further described below, we do
not use or disclose your Sensitive Personal Information for any purpose other
than the following:
- to perform the services or provide the goods reasonably expected
by an average Data Subject who requests such goods or services;
- to detect security incidents that compromise the availability,
authenticity, integrity, and confidentiality of stored or transmitted Personal
Information, provided that our use of your Personal Information is reasonably
necessary and proportionate for such purposes;
- to resist malicious, deceptive, fraudulent, or illegal actions
directed at Company and to prosecute those responsible for those actions, provided
that our use of your Personal Information is reasonably necessary and
proportionate for this purpose;
- to ensure the safety of natural persons, provided that our use of
your Personal Information is reasonably necessary and proportionate for this
purpose;
- for short-term, transient use, including, but not limited to,
nonpersonalized advertising shown as part of your current interaction with us,
provided that the Personal Information is not disclosed to another third-party
and is not used to build a profile about you or otherwise alter your experience
outside the current interaction with us;
- to perform services on behalf of us, such as maintaining or
servicing accounts, providing customer service, processing or fulfilling orders
and transactions, verifying customer information, processing payments,
providing financing, providing analytic services, providing storage, or
providing similar services on behalf of us; and
- to verify or maintain the quality or safety of a service or device
that is owned, manufactured, manufactured for, or controlled by us, and to
improve, upgrade, or enhance the service or device that is owned, manufactured
by, manufactured for, or controlled by us.
11. Personal Information Retention Periods
We retain all categories of your Personal Information for as long
as necessary to pursue the purposes described in this Privacy Notice. However,
we may also retain any or all categories of Personal Information when your
information is subject to one of the following exceptions:
· When
stored in our backup and disaster recovery systems. Your Personal Information
will be deleted when the backup media your Personal Information is stored on
expires or when our disaster recovery systems are updated.
· When
necessary for us to exercise or defend legal claims.
· When
necessary to comply with a legal obligation.
· When
necessary to help ensure the security and integrity of our Website and IT
systems.
Your Personal Information will be deleted when we no longer
require your Personal Information for any of the above purposes.
12. Changes to This CALIFORNIA Privacy Addendum
Company reserves the right to amend this California Privacy Addendum at our discretion and
at any time. When we make changes to this California Privacy Addendum, we will post the updated addendum on the Websites
and update the addendum’s effective date. Your
continued use of our Websites or any Financial Product or Service following the
posting of changes constitutes your acceptance of such changes.
13. Contact Information
If you have any questions or
comments about this California Privacy
Addendum, the ways in which Company collects and uses your information
described above and in the Privacy
Notice, your choices and rights regarding such use, or wish to exercise
your rights under California law, please do not hesitate to contact us at:
North
America Data Privacy Manager
Email: Privacy-NA@cnhind.com
Postal Address: CNH Industrial America LLC
Attn:
Legal
6900
Veterans Blvd
Burr
Ridge, IL 60187