SMS Terms of Service
Cain & Daniels, Inc.
By opting into our SMS Terms of Service, you consent to receive SMS messages from Cain & Daniels, Inc., our agents, representatives, employees, affiliates, or anyone texting on our behalf. You certify, represent and warrant that you are permitted to receive communications at any telephone number you have provided to the creditor of your account, to a prior debt collector or servicer, or to NCB. You further agree to promptly alert NCB in the event you stop using a particular telephone number.
You give Cain & Daniels, Inc. permission to send account related text messages, such as payment reminders, resolution options, and other account information to the cell phone number on file. Text messages may contain a hyperlink to an individualized page in our self-service portal about your account. You agree to inform Cain & Daniels, Inc. of any shared telephone number in which you do not consent to messages being sent.
Message and data rates may apply. If you have questions about your text plan or data plan, please contact your wireless provider.
You can choose to opt-out of SMS at any time by replying “STOP” to any SMS, by emailing “stop texting me” or something similar along with the phone number we are texting and your Cain & Daniels, Inc. account number to admin@cainanddaniels.com, or by calling our office at 1-813-658-3624 and informing a customer engagement agent that you want to opt-out of SMS.
Privacy Policy
Cain & Daniels, Inc. respects your privacy and wants you to understand how we collect, hold, use, and share your personal information about you.
This Privacy Policy covers our data collection practices and describes your rights to access, correct, or restrict our use of your personal information which includes information such as a name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
This Privacy Policy applies when you visit or use our website, mobile applications, APIs or when we are providing relevant services to you involving debt collection and account recovery services and if you become an employee, contractor, agent, vendor or service provider (the Services). We are committed to safeguarding the privacy of our website visitors and Service users.
By using our Services, you agree to the terms of this Privacy Policy. You shouldn’t use our Services or visit our website if you don’t agree with this Privacy Policy or any other agreement that governs your use of our Services. Our Services are intended for persons over the age of 18 or the age of Majority as determined by state law.
1. Collection of personal information
As part of providing any of our Services to you, Cain & Daniels, Inc. will, from time to time, collect, hold, process and share your personal information provided to us directly by you or other organizations that you have client relationships with or given to us in other forms.
We will not collect and use any of your sensitive personal information unless it is necessary for us to provide our Services to you and with your prior consent or where a permitted general situation exists.
You may provide basic information such as your name, phone number, address and email address, social media profile name to enable us to communicate with you when we provide our Services to you, when you contact us and when we provide you with updates.
We may collect additional information at other times, including but not limited to, when you provide feedback, make a complaint, when you provide information about your personal or business affairs, change your content or email preference, provide financial or credit card information, communicate with our customer support teams or interact with us through our website, Services applications or digital communication channels.
Additionally, we may also collect any other information you provide while interacting with us and when we manage our customer, client and service provider relationships and while employed by us.
Personal information we collect and maintain can exist in various formats, including but not limited to:
- Physical formats, including paper documents, printed images, vinyl records, or video tapes;
- Digital formats, including text, image, audio, or video files; and
- Abstract digital formats, including compressed or encrypted files, metadata, or artificial intelligence systems that are capable of outputting personal information.
We recognize that biometric information collected about a consumer without the consumer’s knowledge can never be considered “publicly available” information and will always be treated as personal information subject to this Privacy Policy and applicable privacy laws (Privacy Laws). This applies even if such information might otherwise appear to be publicly available.
2. On what basis we use your personal information
Under applicable Privacy Laws we are allowed to use your personal information in the following circumstances:
- to provide our Services to you and to fulfill a contract that we have with our clients and you;
- when you provide your consent to our clients or to us; or
- to comply with our legal and regulatory obligations as well as effectively manage our business risks; and/or
- when it is necessary for the purposes of our legitimate interest.
When we use your personal information for our legitimate interest it means that:
- e. processing your personal information is necessary and we cannot achieve the same outcome in any other way; and
- f. we have undertaken a balancing exercise and ensuring that our interests are not outweighed by your interests, rights and freedoms.
3. Use and disclosure of your personal information
We will use or disclose your personal information held about you as permitted by law and for the business purposes for which it is collected. We may use your personal information on the following basis:
- where such processing is necessary for the performance of our contracts and compliance with our contractual arrangements with our clients including where we have contracts with our clients who place your accounts with us for collection;
- to provide and manage our Services to you;
- the proper management of our client and customer relationships;
- to verify your identity and to authenticate you when you contact us;
- when we communicate with you by sending you mail, email, telephone, SMS, mobile applications and social media platforms,
- for legitimate business purposes;
- using your personal information helps us to operate and improve our business, website, systems and minimize any disruption to the services that we may offer to you;
- where we are processing information based on your consent;
- to comply with our legal and regulatory obligations;
- for the establishment, exercise or defense of legal claims, proceedings or in an administrative or out-of-court procedure;
- for the purposes of obtaining or maintaining insurance coverage, managing risks and operations or obtaining professional advice;
- for the purpose of fraud, crime prevention, suppression, or detection and help us run our business and maintain integrity;
- ensuring workplace health and safety of our employees or enforcing our rights, making legal enquiries, or taking legal action;
- record-keeping purposes, or
- processing through artificial intelligence systems or automated systems that are capable of generating, analyzing, or outputting personal information.
When you are a client of our Services, we may also use your personal information to tell you about our Services we think may be of interest to you.
We do not knowingly collect or process the personal information of anyone under the age of 18 years old.
We may create statistical and anonymized reports, analysis and predictive models, rules and insights using information about you and other customers. Aggregated reports may also be shared with other businesses for business development and to provide insights into collection performance, identify customer demographics or behavioral insights and the information in these reports is not personal and cannot be used to identify you.
We will not process your personal information for direct marketing purposes, and we will not sell your personal information to other companies or organizations.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
4. Automated decisions using your personal information
To provide an efficient and helpful customer experience we use automated decisioning in how we communicate with you. For example, if you communicate with us via email or SMS our system will automatically tailor communications with you based on your preferred digital method of communication, without any involvement of human intervention. We may also use automated decisions to detect and prevent fraud, detect and prevent money laundering and determining the most efficient and helpful way to provide our Services to you.
5. How we keep secure your personal information
We will keep your personal information securely whether in physical or electronic form. The security of your personal information is important to us. We will take appropriate technical and organizational precautions to secure your personal information and to prevent the loss, misuse, unauthorized access, disclosure or alteration of your personal information.
We will store all your personal information on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.
Much of the information we hold about you will be stored electronically. We store your information in secure data centers via our cloud data storage service provider Salesforce.
We use a range of physical, electronic and other security measures to protect the security, confidentiality and integrity of the personal information we hold and protect it from misuse, interference, loss and unauthorized access, modification and disclosure. For example:
- access to our information systems is controlled through identity and access management controls;
- all of our employees are required to comply with our privacy framework and information security policies;
- all of our employees complete training about privacy and information security;
- we regularly monitor and review our security measures and compliance with internal policies and industry best practice; and
- our contracted service providers are contractually bound to comply with the Privacy Laws and have appropriate information security measures and are obligated to keep the information secure.
You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent to us by you over the internet and you do so at your own risk.
Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy. If you are concerned that the security of your interaction with us has been compromised, please contact us immediately by emailing us at admin@cainanddaniels.com.
6. Cain & Daniels, Inc. Employees
Access to your information is restricted to authorized employees who have a legitimate business purpose for using it.
Unauthorized use and or disclosure of client and customer information by an employee of Cain & Daniels, Inc. is strictly prohibited. All employees are required to maintain the confidentiality of client and customer information at all times and failing to do so will result in appropriate disciplinary measures, which may include dismissal.
7. Do you have to provide your personal information?
You can withhold your personal information when speaking with us if you are making a general inquiry. However, if you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
8. Your rights
You have certain rights as to how your personal information is obtained and used and Cain & Daniels, Inc. complies with your rights under the Privacy Laws as to how your personal information is collected, used and handled.
Except as otherwise provided in the Privacy Laws, you generally have the following rights:
- if we rely on your consent to process your personal information, to withdraw your consent where we will stop processing the activities relevant to your consent;
- to be informed how we received your personal information and how it is being used;
- access your personal information (we will provide you with a free copy of it);
- to object to us using your personal information, where we are relying on our legitimate interest to do so and we can challenge your objection and communicate with you in accordance with our legal obligations;
- to correct your personal information if it is inaccurate or incomplete;
- to restrict processing of your personal information including opt-out of the sale or sharing of your personal information (i.e., we will not sell your personal information); and
- to not be subject to any retaliation for exercising your privacy rights.
Please contact us at any time to exercise any of your rights under the Privacy Laws at the contact details in this Privacy Policy.
We may ask you to verify your identity and provide us with additional information before acting on any of your requests.
We will respond to you as soon as possible but within 30 days from the date of your request.
11. Access to your personal information
You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Laws. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at admin@cainanddaniels.com.
We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Laws or any other applicable law.
13. Retention of your personal information
We will keep your personal information for as long as required by Cain & Daniels, Inc. in compliance with its Privacy Laws and its legal and regulatory obligations. We also generally retain your personal information for at least seven (7) years after we have stopped interacting with you to comply with our legal obligations and so that we can respond to any questions or complaints regarding our interactions with you.
We may also need to keep your personal information for a longer period, where required for legal or regulatory reasons.
We will keep your data safe and secure for as long as we hold it.
Our retention practices account for all formats of personal information including physical, digital, and abstract digital formats, with appropriate disposal methods for each format type:
- Physical formats through secure shredding or destruction;
- Digital formats through secure deletion or data wiping; and
- Abstract digital formats, including metadata and AI system outputs, through appropriate technical measures to ensure complete removal.
14. Complaints about privacy
If you have any complaints about our privacy practices, please feel free to send in details of your complaints to admin@cainanddaniels.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint. We will let you know if we need any additional information from you.
If you are displeased with the way we are handling or have handled your personal information, you can contact your local or state consumer regulator in the United States.
