Phone: (800) 724-7500
Fax: (585) 421-1028
Email*: correspondence@conserve-arm.com
*If you choose to contact us by email please do not include any Personally Identifiable Information such as your Date of Birth or Social Security Number. Reference your Creditor number or account number located on any of your notices.
This communication is from a debt collector, and is an attempt to collect a debt. Any information obtained will be used for that purpose.
Effective: 7/23/2024
GENERAL TERMS
Continental Service Group, LLC. d/b/a ConServe (referred to as “us,” “we,” or “ConServe”) is committed to protecting your privacy online. This “Privacy Policy,” “CA Supplement,” and “Terms of Use” (collectively referred to as “Policies”) are legal agreements between ConServe and each user who utilizes our web portals, as listed below (referred to as “you” or “user”).
These Policies disclose the privacy practices for our web portals, located at www.payconserve.com (the “Payment Portal”), www.conserveforms.com (“Forms Portal”), www.conserve-arm.com (“Commercial Site”), and our mobile application, available on your mobile phone server and identified as “ConServe” (“Mobile App”) (collectively referred to as “Portal(s)”) and describes the corresponding Portal Terms of Use.
By accessing or using the corresponding Portal(s), you agree to be bound by the applicable Policies. If you do not agree to these terms, do not access or use our Portal(s). Any of the activities available on the Mobile App, Forms Portal and Payment Portal may be conducted over the telephone by contacting a representative at our toll-free number listed on each Portal’s main URL page.
ConServe reserves the right to change these Policies at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting to the Portal(s), which may be given by posting the revised Policies on this page, which will be reflected by an updated Effective date. You acknowledge and agree that it is your responsibility to review the Policies periodically and to be aware of any modifications. Your continued use of the Portal(s) after such modifications will constitute your: (a) acknowledgment of the modified Policies, and (b) agreement to abide and be bound by the modified Policies.
By using the Portal(s), you acknowledge and agree that you are at least eighteen (18) years of age and are the individual whose information is being provided on the login information. OUR PORTAL IS NOT DESIGNED FOR CHILDREN, AND WE DO NOT KNOWINGLY COLLECT INFORMATION FROM ANY PERSON WE KNOW IS UNDER THE AGE OF 13.
If you are a California resident, you acknowledge and agree that there are additional rights provided to you under state law, that can be found in the “CA Supplement” below. The rights set forth in the CA Supplement are meant to supplement the rights and obligations of California residents.
Certain definitions apply to all Policies, which includes:
TERMS OF USE
The Payment Portal, Forms Portal and Mobile App are provided for you to access information, make payments, and utilize other services in connection with Account(s) placed with us by Creditors to provide Services. By using the Payment Portal, Forms Portal and/or Mobile App, you are agreeing to be bound by the terms set forth in this section entitled “Terms of Use.”
If you are unable to agree to any of the terms included in this Terms of Use at any time, do not use the Payment Portal, Forms Portal and/or Mobile App. You may instead call the toll-free number located on each Payment Portal, Forms Portal and/or Mobile App main URL page to make a payment or obtain other information related to your Account(s).
Your consent, rights, and obligations provided in this Terms of Use extend to any Services provided by us in connection with your Account(s).
IMPORTANT NOTICE ABOUT YOUR CONTACT INFORMATION
By providing Contact Information on the Payment Portal, Forms Portal and/or Mobile App, you agree to the terms in this section.
YOU ARE NOT REQUIRED TO PROVIDE A MOBILE PHONE NUMBER. BY PROVIDING A MOBILE PHONE NUMBER YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT PROVIDE A MOBILE PHONE NUMBER OR ELSE PROVIDE AN ALTERNATE NUMBER THAT IS NOT A MOBILE PHONE NUMBER.
PLEASE NOTE THIS CONSENT APPLIES TO THE CONTACT INFORMATION YOU HAVE PROVIDED. IF YOU DO NOT AGREE TO THE CONSENT, DO NOT PROVIDE CONTACT INFORMATION THROUGH THE Payment Portal, Forms Portal and/or Mobile App. BY PROVIDING CONTACT INFORMATION THROUGH THE Payment Portal, Forms Portal and/or Mobile App, YOU ACKNOWLEDGE THE TERMS OF YOUR CONSENT HAVE BEEN HIGHLIGHTED AND ARE CONSPICUOUSLY DISPLAYED FOR YOUR REVIEW.
Consent. By providing Contact Information, including, but not limited to an email address, telephone number or other contact point, you hereby consent to contact you at your Contact Information, which you understand could result in charges. You are not obligated to provide any specific contact information, so if these terms cannot apply to any of the requested piece of contact information, do not provide that piece of information. If the information requested is a required field and you cannot adhere to these terms of use with respect to such information, you should cease using the Portal(s) and contact our office to receive our Services. You further understand that each piece of your contact information provided, will be used to reach you in connection with the Services we provide to you.
Only ConServe will communicate with you and only if you have not objected to our communications. You have the choice to decline retention of your payment card or bank account information for future payments, but if you make this choice, you will be required to re-enter your payment card or bank account information each time you schedule a payment.
Telephone: By including your telephone number, or providing us an updated telephone number, you consent and agree that we may contact that telephone number via any method of contact, including text messages and automatic dialing devices, prerecorded messages, or artificial voice messages, which could result in charges.
Email: By providing an email address, you agree to receive any information obtained, utilized, created, or delivered pursuant to the Services, in electronic form, when applicable. We may contact you via electronic mail using any email address you have provided to us for use. By including your email address, you are requesting and agree to receive email communications from us and acknowledging that you can receive email communications in PDF and regular html format, and that you can open any links included in the email.
You acknowledge all the Contact Information you provide is private to you and no third-party has access to it. You take sole responsibility for maintaining the privacy of your Contact Information. You further understand that in order to revoke your consent to be contacted through any particular Contact Information point, or if at any time any Contact Information point is no longer private, or its use causes inconvenience to you, you must either contact the Servicer, if not us, through means identified by the Servicer, or by sending us a written request to revoke your consent to 200 CrossKeys Office Park, Fairport, NY 14450.
IMPORTANT INFORMATION REGARDING STATE LAWS – NOTICES
We are required under state law to notify consumers of the rights included in this section. This is not a complete list of the rights each consumer has under state and federal law. Some states require we provide you with a link to a Linked Site, as listed below. We are not affiliated with any Linked Site listed below and have no control over the content contained therein.
As required by law, you are hereby notified that a negative credit report reflecting your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If applicable, we will not submit a negative credit report to a credit reporting agency until at least 5 days after the validation period provided in the initial communication sent to you.
You may request records showing the following: (1) that ConServe has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees;(3) the date the debt became delinquent or the date of the last payment; (4) the name of the creditor and the account number associated with the debt; (5) the name and last known address of the debtor as it appeared in the creditor’s records prior to assignment of the debt; and (6) the names of all persons or entities other than the debt collector to which the debt has been assigned, if applicable. You may also request from us a copy of the contract or other document evidencing your agreement to the debt.
A request for these records may be addressed to: P.O. Box 7, Fairport, NY 14450, or correspondence@conserve-arm.com.
CA License Number 10259-99
A CONSUMER HAS THE RIGHT TO REQUEST IN WRITING THAT A DEBT COLLECTOR OR COLLECTION AGENCY CEASE FURTHER COMMUNICATION WITH THE CONSUMER. A WRITTEN REQUEST TO CEASE COMMUNICATION WILL NOT PROHIBIT THE DEBT COLLECTOR OR COLLECTION AGENCY FROM TAKING ANY OTHER ACTION AUTHORIZED BY LAW TO COLLECT THE DEBT.
COLORADO LAW PROHIBITS CREDIT BUREAUS FROM REPORTING MEDICAL DEBT OR FACTORING MEDICAL DEBT INTO A CREDIT SCORE UNLESS THE CONSUMER REPORT IS TO BE USED IN CONNECTION WITH A CREDIT TRANSACTION THAT INVOLVES, OR THAT MAY REASONABLY BE EXPECTED TO INVOLVE, A PRINCIPAL AMOUNT THAT EXCEEDS THE NATIONAL CONFORMING LOAN LIMIT VALUE FOR A ONE-UNIT PROPERTY AS DETERMINED BY THE FEDERAL HOUSING FINANCE AUTHORITY
MASSACHUSETTS: NOTICE OF IMPORTANT RIGHTS
You have the right to make a written or oral request that telephone calls regarding your debt not be made to you at your place of employment. Any such oral request will be valid for only ten days unless you provide written confirmation of the request postmarked or delivered within seven days of such request. You may terminate this request by writing to the debt collector.
License Number: CAD11741
NMLS ID: 931208
Compliance Managers
Primary:
Brandon J. Booker/CM11073/NMLS ID 1146429
Pamela A. Murphy/CM10495/NMLS ID 951079
Christopher J. Woodworth/CM10590/NMLS ID 1780494
Secondary:
Carin L. Abbey/CM12786/NMLS ID 2444898
Lori A. Martin/CM12522/NMLS ID 1785543
Dominic Queirolo/CM11070/NMLS ID 2357022
Joseph D. Sadowski/CM12523/NMLS ID 2352822
Please note you may request a copy of these Policies in an alternative, reasonably accommodatable format, which will then be provided to you either in a larger print format or other means. You may call us at 866-518-0400 to make such requests and get information about the available formats.
Debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to:
If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt:
ConServe offers the following language access services: The option for consumers to speak with a Spanish speaking company representative. If not immediately available, a Spanish speaking representative will provide a response to the consumer as soon as possible thereafter.
Translations and descriptions of commonly used debt collection terms is available in multiple languages on the New York City Department of Consumer Affairs Website: www.nyc.gov/dca. ConServe is not responsible for, nor does it have control over the content of this website.
NC Permit 521628623: 200 CrossKeys Office Park, Fairport, NY 14450
NC Permit 521628645: 201 Como Park Blvd., Cheektowaga, NY 14227
You may print up this Terms of Use at any time by clicking on the link on the Payment Portal, Forms Portal and/or Mobile App’s main URL page. The Payment Portal, Forms Portal, and/or Mobile App is provided “AS IS” with no warranty of any kind associated with the performance of each applicable Portal.
Special Notice for Account Registration
Account Information. The Payment Portal and/or Mobile App includes your use of a Password. By utilizing a Password and proceeding with the Registration, User hereby agrees that all Account Information is true and accurate, and that User will maintain and update this information as required in order to keep the Registration current, complete, and accurate.
User hereby grants ConServe the right to disclose to third parties certain Account Information about User in accordance with the Policies, and as allowed by law. User hereby authorizes ConServe to disclose Account Information to Servicers, provided ConServe has entered into an agreement with any such Servicers, reasonably protecting such Account Information.
User is solely responsible for maintaining the confidentiality of User’s Account Information and the Password. You hereby agree that you will take steps to ensure that others do not gain access to your Password and Account Information. You may not transfer or share your Password with anyone. ConServe reserves the right to immediately terminate your Registration in the event of any unauthorized transfer or sharing thereof.
Each Registration is for User’s personal use only and not on behalf of any other person or entity. ConServe does not permit any other person using the Registration under the User’s name, or any access through a single Registration being made available to multiple users on a network. If you are an authorized third-party, as allowed under state and/or federal law, you will not use the Registration, but shall contact our office by calling our toll-free number. User is responsible for preventing such unauthorized use. ConServe hereby states, and User acknowledges, that ConServe shall have the right to assume that any contact utilizing the Registration and Password is from you, personally, not from any third party.
You hereby acknowledge any Account Information you provide through the Payment Portal, Forms Portal, and/or Mobile App is subject to the terms of the consent in the beginning of this Terms of Use. If you do not agree, do not use the Registration, or provide Account Information.
To use the Payment Portal and/or Mobile App, a user must be invited by ConServe to use such Portal. ConServe will register users utilizing the Account number(s) provided to you.
Assistance with registering with the Payment Portal and/or Mobile App will be provided by contacting ConServe utilizing the phone number provided on your notice or by calling 1-800-724-4439, and ConServe will walk you through the Registration process.
Electronic Communication
If you provide your email address to us, you hereby authorize us to contact you via electronic mail using any email address you have provided in lieu of paper correspondence. You further agree to the terms of this section.
Fees. Where permitted by law, fees may be assessed by the website service providers, or their agents, for certain types of payment options available on the Payment Portal and/or Mobile App. If fees apply, each applicable Portal will include notice where such fees would apply. Other payment options are always available that do not include any fees, which you may utilize by calling ConServe’s toll-free number listed.
Special Notice Requirements
Federal and state law require we provide certain disclosures regarding your rights. Please note this list does not contain a complete list of the rights consumers have under state and federal law.
Links to Third Party Sites
The Payment Portal, Forms Portal and/or Mobile App may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the ConServe, and we are not responsible for the contents of any Linked Site, including, without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting, or any other form of transmission received from any Linked Site. ConServe is providing these Linked Sites to you only as a convenience or as required by law, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site, any association with its operators, or any warranty of any kind, either express or implied by us for the content or use of the Linked Site. If you decide to access these Linked Sites, you acknowledge you are leaving our Portal and the intended Services associated with our Portal, and you do so at your own risk. All rules, policies, and operating procedures of Linked Sites will apply to you while on such sites. We are not responsible for information provided by you to Linked Sites. Linked Sites may contain information or material that some people may find inappropriate or offensive. These Linked Sites are not under ConServe’s control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Linked Site, nor are we responsible for errors or omissions in any references to other parties or their products and services.
Termination of Use
User agrees that ConServe may, in ConServe’s sole discretion, terminate or suspend User’s access to all or part of the Payment Portal, Forms Portal and/or Mobile App, with or without notice, and for any reason, including, without limitation, breach of the Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities.
We reserve the right to seek all remedies available at law and in equity for violations of this Terms of Use, including the right to terminate, suspend, or block access from the Payment Portal, Forms Portal and/or Mobile App for any reason, without advance notice, and at any time.
Upon termination or suspension, regardless of the reasons therefore, User’s right to use the Services available on the Payment Portal, Forms Portal and/or Mobile App, shall immediately cease and User acknowledges and agrees that ConServe may immediately deactivate or delete User’s Registration, where applicable, and all related information and files in User’s Registration, and/or bar any further access to such files or the Payment Portal, Forms Portal and/or Mobile App. ConServe shall not be liable to User or any third party for any claims or damages arising out of any termination, or suspension, or any other actions taken by ConServe in connection therewith.
PRIVACY POLICY
By using the Portal, you are agreeing to be bound by the terms set forth in this section entitled “Privacy Policy.”
Please note that our definition of “Personal Information” is not intended to supersede any definition of the same by any privacy laws, or other applicable laws, but instead is intended to clarify our classification. If any law defines “Personal Information” more broadly, we hereby agree that such definition shall apply to the application of personal information under that law.
For Account Holders
The federal Fair Debt Collection Practices Act (“FDCPA”) and Health Information Portability and Accountability Act of 1996 (“HIPAA”) require consumer information and consumer medical information to be protected from unauthorized access and/or disclosure. ConServe maintains adequate safeguards to prevent the improper use or disclosure of private information as defined in the FDCPA or HIPAA regulations.
ConServe agrees to comply with all privacy and security policies of our creditor and servicer clients and to use our best efforts to maintain the integrity as well as the confidentiality of electronically transmitted or accessed information as applicable to each account under the FDCPA and HIPAA.
ConServe is Payment Card Industry Data Security Standard (“PCI”) compliant. PCI compliance includes truncation of payment card information on receipts and in the Portal, encryption of saved payment card information, and encryption of payment card information transmitted over payment processing networks.
ConServe is a member of the National Automated Clearing House Association (“NACHA”) Network and complies with the NACHA Operating Rules and Guidelines, required through ConServe’s payment processor vendor.
ConServe is compliant with the requirements of the Federal Information Security Management Act (“FISMA”), requiring compliance with National Information Standards and Technology (“NIST”) and federal regulations for information contained in records received from U.S. Federal Government Agencies on consumers and businesses. Additionally, information contained in records received from U.S. Federal Government Agencies requires ConServe’s compliance with the Privacy Act of 1974, requiring a consumer’s authorization to disclose information from those records and overriding commonly accepted privileges provided to attorneys as a consumer’s representative.
Control and Security
ConServe understands data security is paramount. We understand our continued success relies on both our ability to offer Services in a secure manner and to store any Personal Information and Passwords securely. To assist us in offering these Web-based services in a secure manner, ConServe employs a number of security measures described below. These measures allow ConServe to authenticate your identity when you access these services and to protect the information as it traverses the Internet between your Personal Computer or Mobile Device and ConServe.
The Services provided by this Portal are authenticated using unique user accounts and Passwords. Additionally, all communications between your secure Web browser and ConServe’s systems are secured using Transport Layer Security encryption. This technology protects your user credentials during authentication, and the Personal Information as it travels between your browser and our systems.
Access to individual Account Information through the Portal is limited to individuals who have an Account with ConServe. Individual secure login and Password combinations protect the information. Please keep your Password confidential. Do not share your Portal Password with anyone. Other than when you login to the Portal, ConServe will never ask you for your Password. Should anyone ask you for your Password, please contact ConServe, attention Vice President, Compliance & Privacy Officer at 1-855-421-0097. If you allow a third party to access your Account Information and utilize a login and Password without providing written authorization to ConServe that you have authorized a third-party to access your Account Information and report this information to ConServe, use of the Portal by the third-party will be suspended by ConServe upon our knowledge or written notice of such unauthorized use. Report this concern to correspondence@conserve-arm.com.
The Password protected portion of the Portal utilizes a timeout feature. This protective measure will automatically log you out of your current session after an extended period of inactivity.
ConServe uses system and application activity logs to protect our systems and the information. These logs are reviewed regularly, and any anomalies or discrepancies are investigated thoroughly.
The Portal utilizes Transport Layer Security encryption. The database behind the Portal is securely hosted behind a firewall. Backups of the Portal and the information obtained through the Portal occur on a daily basis and are stored off the Portal in a controlled environment for safety and business continuity.
The Portal is monitored 24-hours per day, 7 days per week by an Intrusion Prevention System (IPS) inspecting network traffic for suspicious activity and blocks network traffic matching known threat signatures. The IPS alerts ConServe Information Technology personnel of any suspicious traffic and/or blocked traffic. In addition to the IPS, numerous security controls (account locking, session timeouts, IP Blocking) are utilized to prevent unauthorized or unintended use of the Portal.
ConServe is a licensed third-party user of Repay’s and RevSpring’s software and payment processing service. Repay handles the processing of payment card and bank account information provided by you in the Portal.
Repay and RevSpring ensure compliance with NACHA Operating Rules and Guidelines and handle a portion of the compliance requirements found in the Electronic Fund Transactions Act (“EFTA”). Repay’s Privacy and Security Practices can be found at https://repay.com/privacy-policy/, and RevSpring’s Privacy and Security Practices can be found at https://revspringinc.com/privacy-policy/. These URL addresses are not linked to this policy and are provided as a convenience to you; they include a third-party URL that is not affiliated with ConServe; and is created, operated, and maintained by them. The policies of Repay and RevSpring have been reviewed by us for our compliance with the applicable laws, but these service providers are not affiliated with ConServe and they provide services as an independent contractor. The references to their policies are for informational purposes only.
ConServe, through its privacy and security practices and/or those of its Servicers ensures all personnel with access to your Account Information are checked for criminal background histories related to theft of information, crimes of dishonesty and crimes involving money along with checks for conflicts of interest and debarment from professional licensure in the financial industry. ConServe and its Servicers make every effort to become aware of such history and do not employ or provide access to your Account Information to those with such backgrounds.
System Security Considerations
Data Sensitivity. The sensitivity of data exchanged between ConServe and you are sensitive.
User Community. All ConServe or Servicer users with access to the Account Information received from you are U.S. Citizens with a valid and current background investigation. ConServe through its privacy and security practices and/or those of its Servicers ensures all personnel with access to your Account Information are checked for criminal background histories related to theft of information, crimes of dishonesty, and crimes involving money along with checks for conflicts of interest and debarment from professional licensure in the financial industry. ConServe and is Servicers make every effort to become aware of such history and do not employ or provide access to your Account Information to those with such backgrounds that are identified through its investigation.
Information Exchange Security. The security of the Personal Information being passed on this connection is protected using approved encryption mechanisms. The connection on ConServe’s end is located within controlled access facilities, with security deterrents, twenty-four (24) hours a day. Individual users will not have access to the data except through the Portal. All access is controlled by authentication methods to validate the approved users.
Trusted Behavior Expectations. Users are expected to protect ConServe’s network and its database in accordance with and state and local privacy laws. You must not upload, post, host or transmit any worms, viruses, code of a destructive nature, unsolicited email, SMSs, or “spam” messages. You agree not to modify, adapt, or hack the Portal. You further agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Portal, use of the Portal or access to the Portal without the express written permission of ConServe.
Formal Security Policy. ConServe’s policy documents governing the protection of our data are referred to as ConServe’s “Information Security Policy” (ConServe Policy- PL.18.52).
Incident Reporting. A user discovering a security incident shall report it in accordance with its incident reporting procedures. In the case of a consumer, any security incident will be reported to ConServe at 1-855-421-0097, and ConServe will initiate its Security Incident Response Plan (ConServe Procedure- CP.11.4). ConServe’s Policy governing the reporting of Security Incidents is ConServe’s Incident Response policy within ConServe’s “Information Security Policy” (ConServe Policy- PL.18.52).
Audit Trail Responsibilities. ConServe is responsible for auditing application processes and user activities involving a user’s connection with ConServe. Activities that will be recorded include event type, date, and time of event, user identification, success or failure of access attempts, and security actions taken by ConServe’s System Administrators or security officers. Audit logs will be retained in accordance with ConServe Guidelines.
Types of Information Collected, Including Personally Identifiable Information
ConServe collects and maintains your Personal Information, as obtained in connection with the Services. When you communicate to us through the Portal, ConServe will collect any information you provide us, including personally identifiable information or sensitive information.
Where applicable, you are provided the option of directing ConServe to not save payment card or bank account information at the Portal. Receipts produced will truncate your payment card or bank account information. ConServe and its security monitoring vendors collect internet protocol (“IP”) address or other electronic markers from visitors to the Portal whether a login is created or not for security monitoring purposes.
Use of Information
Although ConServe does not use tracking cookies, we may automatically gather general statistical information from your browser, including your IP address and the pages you request. ConServe will use this data to monitor and maintain the Portal and to improve the services provided by the Portal. Additionally, ConServe may allow you to save certain Personal Information that you provide at your selection so that you do not need to re-enter information each time you visit the Portal.
Sharing of Information
We do not, and will not, sell or rent to anyone the Personal Information we collect from you, and will only disclose information as authorized by law and in accordance with the Services provided through the Portal and by us. Also, ConServe does not track user browser activities, including “do not track” settings, and therefore ConServe does not respond to any such detected settings because collected Personal Information is never shared with unauthorized third parties.
ConServe does use a payment processor to process your payment card and bank account transactions and the Personal Information you provide for such payments is authorization that the payment processor is allowed to securely process your payment card and bank account information to make a payment to your Creditor through ConServe, to verify the accuracy of the payment card or bank account information, and to save the payment card and bank account information for future payments, if voluntarily chosen by you.
ConServe uses a web-site developer and payment processing company who have access to necessary Personal Information (RevSpring/Repay). ConServe through its privacy and security practices and/or those of its Servicers ensures all personnel with access to your Account Information are checked for criminal background histories related to theft of information, crimes of dishonesty and crimes involving money. ConServe and its Servicers make every effort to become aware of such history and do not employ or provide access to your Account Information to those with such backgrounds that are identified through its investigation.
ConServe may be required by law enforcement, government agencies, or judicial authorities to disclose the Personal Information obtained, or contained in this Portal, to the appropriate governmental authorities. ConServe will disclose such Personal Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement or government agency investigation. ConServe will fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
User Choices on Collection
You have the choice of not providing phone numbers to ConServe. Some information requested through the Portal may be required. We only require information where it is necessary to confirm your identity and evidence that you have lawful right to access to Account Information or to confirm your most current Contact Information to avoid contact with wrong consumers. If you bypass providing required information, the Portal will not allow you to continue to the next page. If you cannot provide any required information, you can contact ConServe by telephone, facsimile, email, or mail.
We may, from time to time, send emails regarding our services. In addition, if you indicated through contacts with us, that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail or emails about services we feel may be of interest to you. Only ConServe will send you these direct mailings, and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your information.
Cookies
A cookie is a piece of data stored on the user’s hard drive containing information about the user. ConServe may utilize temporary session cookies to provide for Portal functionality. ConServe will not use tracking cookies when you use the Portal. Also, ConServe does not track user browser activities, including “do not track” settings, and therefore ConServe does not respond to any such detected settings because collected Personal Identifiable information is never shared with unauthorized third parties.
Log Files
We use IP addresses to analyze trends, administer the Portal, track user’s movement, ensure adequate privacy and security, and to protect your information. ConServe does not capture demographic information in the log files.
Correcting/Updating Information and Suspension of User Profile
A user’s profile may be changed by the user. However, if a user’s profile requires a change that cannot be made or you request suspension of your user profile, ConServe will endeavor to provide a way to correct, update or suspend your profile. These changes can be requested by calling 1-800-724-4439 or by emailing correspondence@conserve-arm.com.
Privacy Policies of Third-Party Websites
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of Personal Information we collect from you. We are not responsible for the policies or practices of third parties, such as our Providers. However, those Providers are required by ConServe to follow ConServe’s security standards and Security and Privacy laws, regulations and guidelines described herein.
No Unlawful or Prohibited Use
As a condition of your use of the Portal, you warrant to us that you will not use the Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Portal in any manner which could damage, disable, overburden, or impair the Portal or interfere with any other party’s use and enjoyment of the Portal. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through the Portal. You agree to indemnify, defend, and hold harmless ConServe, our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of: (a) your use of or inability to use the Portal; (b) your violation of these Policies; or (c) your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH THE PORTAL MAY INCLUDE INACCURACIES, OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PORTAL AT ANY TIME. ADVICE RECEIVED VIA THE PORTAL SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PORTAL FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CONSERVE AND/OR ITS RESPECTIVE SERVICERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE POLICIES.
IN NO EVENT, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE PORTAL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONSERVE OR ANY OF ITS SERVICERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PORTAL, OR WITH AN OF THESE POLICIES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PORTAL.
General
This Terms of Use is governed by the laws of the State of New York. You hereby consent to the exclusive jurisdiction and venue of the courts in the State of New York in all disputes arising out of or relating to the use of the Portal. Any claim or dispute related to the Portal, must be instituted within one (1) year after the claim arose and if multiple claims, from the date the first claim arose, or be forever waived and barred. If any part of these Policies are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Policies shall continue in effect. Unless otherwise specified herein, these Policies constitutes the entire agreement between the user and ConServe with respect to the Portal, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ConServe with respect to the Portal. A printed version of these Policies and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Policies to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Policies and all incorporated agreements may be automatically assigned by ConServe in its sole discretion. User may not resell, assign, or transfer any of its rights or obligations under these Policies, in whole or in part, without ConServe’s prior written consent and any attempt to so resell, assign or transfer will be null and void. The waiver of one party of a breach of any provision of these Policies, by the other party shall not operate or be construed as a waiver of any subsequent breach. The Policies and all incorporated agreements express the complete understanding of the parties with respect to the subject matter and supersedes all prior representations and understandings between the parties. To the extent that any incorporated agreements conflict with or are inconsistent with the Policies, the stricter provision shall prevail. The Policies may be amended at any time by ConServe without specific notice to User. The latest effective date of each Policy will be posted on the Portal, and User should review each Policy prior to using the Portal. In any action, formal or informal, initiated by ConServe to enforce the Policies, ConServe will be entitled to costs and attorneys’ fees.
Privacy Policies of Third-Party Sites
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you at this site. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties.
Notification of Changes
If ConServe determines a change to our Policies to be material, we will notify users by way of an e-mail, so users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose the information. This determination is at the sole discretion of ConServe and we are not obligated to provide this notice. You are still responsible for reviewing these Policies and agree that your use demonstrates your agreement to these terms. If you have any questions about these Policies, notice, the privacy and security practices employed for this Portal, or your dealings with this Portal, please contact ConServe by sending a letter, fax, or email to:
Continental Service Group, LLC d/b/a ConServe
200 CrossKeys Office Park
Fairport, New York 14450
Attn: Vice President, Compliance & Privacy Officer
Facsimile: (585) 425-2068
Email: correspondence@conserve-arm.com
FOR CALIFORNIA CONSUMERS– CA SUPPLEMENT
Effective Date: 07/23/2024
FOR CALIFORNIA RESIDENTS
Under the California Consumer Privacy Act of 2018 (“CCPA”), all visitors, users, and others who reside in the State of California (“CA Consumers/you/your”) are provided additional rights regarding their personal information, including sensitive information, as defined by the CCPA, and further detailed below (collectively referred to “Personal Information”).
This Privacy Notice for California Residents (“CA Supplement”) applies to all CA Consumers using the Portal and describes the rights granted to CA Consumer(s) under the CCPA. The continued use of the Portal(s) by any CA Consumer demonstrates the agreement of the CA Consumer to the terms contained in this CA Supplement. This CA Supplement is intended to supplement other policies included on the Portal, including, but not limited to the Terms of Use and Privacy Policy (“Policies”). In the event of any conflict between the Policies and this CA Supplement, the CA Supplement shall control. Any waivers referenced within any Policies shall not apply to the rights set forth herein.
If you would like to receive this notice in a different format to accommodate a disability, please contact correspondence@conserve-arm.com.
If you are a CA Consumer, when you use the Portal, you consent to our collection, use, and disclosure of Personal Information as described below. If you do not agree with this CA Supplement, your choice is not to use the Portal. This CA Supplement may change from time to time. The use of this CA Supplement after we make changes is deemed to be acceptance of those changes, so please check the CA Supplement periodically for updates.
Cookies and Tracking
We do not track or plant cookies. As such, we will not honor or respond to any “do not track” request because collected Personal Information is never shared with unauthorized third parties. We do not allow third-party behavioral tracking.
California Resident Rights and Choices
Please note that our office does not sell any of your Personal Information. We also do not offer any financial incentive programs as part of our Services.
You have the right under the CCPA, and certain other privacy and date protection laws, as applicable, to:
Please note that we are not required to:
MAKING YOUR REQUEST
If you, or any authorized agent, wish to exercise your rights under the CCPA, please contact us by using any of the methods set forth below. Authorized agents should submit a written authorization form signed by the CA Consumer with any request.
Please note that you, or an authorized agent on your behalf, may only make an access rights request twice within a 12-month period.
Your “verifiable consumer request” for data access and information deletion must include (this is not required for opt-out requests):
We are not obligated to make a data access or information disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.
Any Personal Information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.
Response Timing and Format
We will acknowledge receipt of your request within 10 business days. We endeavor to respond to a verifiable CA Consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable CA Consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your verifiable CA Consumer request, unless it is determined to be manifestly unfounded, excessive, or repetitive. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate for the reasonable fee before completing your request.
Denials for Requests to Delete
Under the CCPA, we may deny your request for deletion if one of the following reasons applies:
If we cannot honor your request to delete, we will notify you of the information that cannot be deleted and include the reason why.
| HOW TO CONTACT US |
| Call us at: (844) 497-6383 |
| Email us at: CCPA@conserve-arm.com |
| Write us at: P.O. Box 7, Fairport, NY 14450 |
| You may submit a request for more information about your Personal Information by clicking the link to “Request information about what we collect, share, and disclose” https://www.payconserve.com/contact-us |
| You may submit a request for deletion or correction of your Personal Information by clicking the link to “Request a deletion or correction of my Personal Information” https://www.payconserve.com/contact-us |
| You may access your Account information via the secure login system on the Portal, where you may be able to update certain Personal Information. |
What We Collect
We have collected and our Portal collects and/or has collected non-public “Personal Information” described below, over the last twelve (12) months, that identifies, relates to, describes, references, and is capable of being associated with you, which may include one or more of the categories listed below.
We will not collect any additional categories of information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Personal Information does not include:
| PERSONAL INFORMATION | |
| Categories | Examples |
| Identifiers | Name, alias, postal address, email address, account name, unique personal identifier, demographic information, telephone numbers, online identifier, internet protocol address, credit report data, or other similar identifiers, including those received by skip-tracing sources, including sensitive personal information listed below. |
| Client and Account records | Any material, regardless of form, on which information that identifies, relates to, describes, or is capable of being associated with, a particular individual, is recorded, such as employment information, bank account data, credit card information, current or past job history, or other information contained in the records related to any Account that we may hold.
Account Registration data, including email address, username, and password upon creation of an Account login on the Payment Portal, Forms Portal and/or Mobile App. Other information associated with an account may include tax returns, financial statements, loan and credit applications, signature cards or other account documentation containing the consumer’s signature, including electronic signatures. |
| Characteristics of protected classifications | Gender, age, marital status, veteran or military status, and/or data of minors. |
| Internet activity | Information about your interaction with the Payment Portal, Forms Portal and/or Mobile App, such as internet protocol (“IP”) addresses or other electronic markers for security monitoring purposes. |
| Audio, electronic, visual, thermal, and olfactory information | Call recordings |
| Employment-related information | Information gathered about the Consumer’s employer for purposes of contact, associated with the ability to provide Services, and provided to facilitate certain Services, Account information that includes professional or employment-related information, places of employment |
| Education information | As defined in the Family Educational Rights and Privacy Act, non-public educational records such as student identification codes, class registration agreements, grade reports, and student financial and financial aid information |
| Inferences drawn from any of these pieces of information identified in creating any profile about a Consumer | Consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes |
| Sensitive personal information | Account information, including, but not limited to personal information that reveals a Consumer’s social security number, driver’s license, state identification card, or passport number;
account log-in information, financial account, debit card and/or credit card numbers, bank account numbers and routing numbers and associated check or bank draft information; racial or ethnic origin, contents of Consumer’s mail or email, unless the business is the intended recipient of the communication. |
USE OF INFORMATION
Please note that we DO NOT sell your Personal Information
| We may use your Personal Information for one or more of the following business purposes: |
| Utilizing your Personal Information, as necessary, to provide collection or billing services on behalf of facilities, businesses, and other entities that we have contracts with (“Client(s)”) for account(s) that have been placed with our office for collection, whether considered in default (“Account(s)”) and the services associated with those agreements (“Services”) |
| Performing Services on behalf of our Clients, including debt collection, maintaining or servicing Accounts, providing customer service, processing or fulfilling transactions concerning accounts, verifying or updating information, processing payments, providing analytic services, or providing similar services on behalf of our Clients |
| Addressing any fraudulent activity or allegations of identity theft related to an Account |
| Complying with any legal obligation associated with an Account |
| Lawful, internal uses related to the Services, such as gathering Personal Information to obtain payment on Accounts, submitting any legally allowed information related to submitting Account payment information to a consumer reporting agency |
| Fulfilling or meeting the reason you provided the Personal Information |
| Providing, supporting, personalizing, and developing our Portal and Services |
| Creating, maintaining, customizing, and/or securing any password protected access areas |
| Processing your requests, purchases, transactions, and payments, and preventing transactional fraud |
| Providing support and response to any of your inquiries, including any investigation necessary to address your concerns, and monitor, and improve our responses |
| Personalizing the Portal’s experience, delivering content, product, and service offerings relevant to your interests |
| Responding to law enforcement requests and as required by applicable law, court order, or governmental regulations |
| To ensure appropriate right party contact and verification purposes in performing services on behalf of our Clients |
| To fulfill or meet the reason you provided the information. For example, if you share your Personal Information to make a payment, we will use that information to process your payment |
| To provide you with information, products, or services that you request from us or to respond to inquiries received from you on your behalf regarding the services provided on behalf of our Clients |
| Monitoring or auditing activities related to a current interaction with the CA Consumer and concurrent transactions |
| 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 |
| Short-term, transient use, provided the Personal Information is not disclosed to another third party and is not used to build a profile about a CA Consumer or otherwise alter an individual consumer’s experience outside the current interaction |
| Undertaking internal research for technological development and demonstration |
| Undertaking activities to implement, operationalize, improve, upgrade, or enhance the services performed on behalf of our clients and consumers (including CA Consumers), as well as the tools used to provide those services, including analytics and other information analysis tools |
| To respond to law enforcement or other governmental requests and as required by applicable law, court order, or governmental contracts or regulations |
| As necessary or appropriate to protect the rights, property, or safety of CA Consumers, us, our clients, or others |
| As described to you when collecting your Personal Information, or as otherwise set forth in the CCPA |
WHERE WE GET OUR INFORMATION
| The sources that our Personal Information comes from include: |
| Clients |
| Service Providers (e.g., letter vendors, skip-tracing vendors, payment processing vendors, call analytics vendor and/or electronic signature service providers) |
| Directly from a third-party pursuant to 16 U.S.C. §1692b (e.g., friends, neighbors, relatives, and/or employers) |
| Personal Information received from the Portal, whether on a computer or mobile application |
| Email, text and other electronic messages between a CA Consumer and us, related to the Services |
| Personal Information orally received from a CA Consumer during a telephone call related to the Services |
| Written correspondence sent to our office or the Client regarding an Account |
| Directly from CA Consumers, including Personal Information that CA Consumers input into the Portal, to utilize the Services |
| Pieces of information from limited sources, including data received from: the Client upon placement of a CA Consumer’s Account; the Client to supplement Account information |
| Publicly accessible sources (e.g., property records, social media, or court records) |
| From a third party with your consent (e.g., your authorized representative and/or attorney) |
WHO WE SHARE OR DISCLOSE PERSONAL INFORMATION TO
| We may share or disclose the Personal Information we collect about CA Consumers as described herein, or otherwise disclosed to you at the time the Personal Information is collected, including with: |
| Creditors to whom we provide our Services and/or their authorized agents or subcontractors |
| Consumer reporting agencies |
| Providers we use to help deliver our Services, such as letter vendors, skip-trace vendors, applications and website vendors, payment service providers, monitoring and auditing service providers, warehouses, and delivery companies |
| Legal authorities, as required by law |
| Third parties, as requested and authorized by CA Consumers |
| Third parties, allowed by law, such as spouses, legal representatives, and/or attorneys |
| Other third parties, authorized by law, that we use to help us run our business, such as legal, tax, banking, and other service professionals, insurers, brokers, auditors, and state and federal regulators; |
EQUAL SERVICING
CA Consumers will not receive any variation in the service or pricing of the Services, or your Account, because of you, exercising of your rights under the CCPA.
We will not discriminate against you for exercising any of your CCPA rights, which ensures that we will not:
We do not provide any financial incentive programs for the collection, sale, request for deletion of any Personal Information, or other utilization of the rights granted under the CCPA.
Contacts for More Information
For Fiscal Service Accounts: Joe Sadowski at 888-889-2406
For IRS Accounts: Joe Sadowski at 844-421-1088
For All Other Accounts: Chris Gent at 866-622-9867
Changes to our CA Supplement
We reserve the right to amend this CA Supplement at our discretion and at any time. When we make changes to this privacy policy, a notice will be posted on our website homepage at www.conserve-arm.com.
This communication is from a debt collector, and is an attempt to collect a debt. Any information obtained will be used for that purpose.
Effective: 7/23/2024
GENERAL TERMS
Continental Service Group, LLC. d/b/a ConServe (referred to as “us,” “we,” or “ConServe”) is committed to protecting your privacy online. This “Privacy Policy,” “CA Supplement,” and “Terms of Use” (collectively referred to as “Policies”) are legal agreements between ConServe and each user who utilizes our web portals, as listed below (referred to as “you” or “user”).
These Policies disclose the privacy practices for our web portals, located at www.payconserve.com (the “Payment Portal”), www.conserveforms.com (“Forms Portal”), www.conserve-arm.com (“Commercial Site”), and our mobile application, available on your mobile phone server and identified as “ConServe” (“Mobile App”) (collectively referred to as “Portal(s)”) and describes the corresponding Portal Terms of Use.
By accessing or using the corresponding Portal(s), you agree to be bound by the applicable Policies. If you do not agree to these terms, do not access or use our Portal(s). Any of the activities available on the Mobile App, Forms Portal and Payment Portal may be conducted over the telephone by contacting a representative at our toll-free number listed on each Portal’s main URL page.
ConServe reserves the right to change these Policies at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon posting to the Portal(s), which may be given by posting the revised Policies on this page, which will be reflected by an updated Effective date. You acknowledge and agree that it is your responsibility to review the Policies periodically and to be aware of any modifications. Your continued use of the Portal(s) after such modifications will constitute your: (a) acknowledgment of the modified Policies, and (b) agreement to abide and be bound by the modified Policies.
By using the Portal(s), you acknowledge and agree that you are at least eighteen (18) years of age and are the individual whose information is being provided on the login information. OUR PORTAL IS NOT DESIGNED FOR CHILDREN, AND WE DO NOT KNOWINGLY COLLECT INFORMATION FROM ANY PERSON WE KNOW IS UNDER THE AGE OF 13.
If you are a California resident, you acknowledge and agree that there are additional rights provided to you under state law, that can be found in the “CA Supplement” below. The rights set forth in the CA Supplement are meant to supplement the rights and obligations of California residents.
Certain definitions apply to all Policies, which includes:
TERMS OF USE
The Payment Portal, Forms Portal and Mobile App are provided for you to access information, make payments, and utilize other services in connection with Account(s) placed with us by Creditors to provide Services. By using the Payment Portal, Forms Portal and/or Mobile App, you are agreeing to be bound by the terms set forth in this section entitled “Terms of Use.”
If you are unable to agree to any of the terms included in this Terms of Use at any time, do not use the Payment Portal, Forms Portal and/or Mobile App. You may instead call the toll-free number located on each Payment Portal, Forms Portal and/or Mobile App main URL page to make a payment or obtain other information related to your Account(s).
Your consent, rights, and obligations provided in this Terms of Use extend to any Services provided by us in connection with your Account(s).
IMPORTANT NOTICE ABOUT YOUR CONTACT INFORMATION
By providing Contact Information on the Payment Portal, Forms Portal and/or Mobile App, you agree to the terms in this section.
YOU ARE NOT REQUIRED TO PROVIDE A MOBILE PHONE NUMBER. BY PROVIDING A MOBILE PHONE NUMBER YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT PROVIDE A MOBILE PHONE NUMBER OR ELSE PROVIDE AN ALTERNATE NUMBER THAT IS NOT A MOBILE PHONE NUMBER.
PLEASE NOTE THIS CONSENT APPLIES TO THE CONTACT INFORMATION YOU HAVE PROVIDED. IF YOU DO NOT AGREE TO THE CONSENT, DO NOT PROVIDE CONTACT INFORMATION THROUGH THE Payment Portal, Forms Portal and/or Mobile App. BY PROVIDING CONTACT INFORMATION THROUGH THE Payment Portal, Forms Portal and/or Mobile App, YOU ACKNOWLEDGE THE TERMS OF YOUR CONSENT HAVE BEEN HIGHLIGHTED AND ARE CONSPICUOUSLY DISPLAYED FOR YOUR REVIEW.
Consent. By providing Contact Information, including, but not limited to an email address, telephone number or other contact point, you hereby consent to contact you at your Contact Information, which you understand could result in charges. You are not obligated to provide any specific contact information, so if these terms cannot apply to any of the requested piece of contact information, do not provide that piece of information. If the information requested is a required field and you cannot adhere to these terms of use with respect to such information, you should cease using the Portal(s) and contact our office to receive our Services. You further understand that each piece of your contact information provided, will be used to reach you in connection with the Services we provide to you.
Only ConServe will communicate with you and only if you have not objected to our communications. You have the choice to decline retention of your payment card or bank account information for future payments, but if you make this choice, you will be required to re-enter your payment card or bank account information each time you schedule a payment.
Telephone: By including your telephone number, or providing us an updated telephone number, you consent and agree that we may contact that telephone number via any method of contact, including text messages and automatic dialing devices, prerecorded messages, or artificial voice messages, which could result in charges.
Email: By providing an email address, you agree to receive any information obtained, utilized, created, or delivered pursuant to the Services, in electronic form, when applicable. We may contact you via electronic mail using any email address you have provided to us for use. By including your email address, you are requesting and agree to receive email communications from us and acknowledging that you can receive email communications in PDF and regular html format, and that you can open any links included in the email.
You acknowledge all the Contact Information you provide is private to you and no third-party has access to it. You take sole responsibility for maintaining the privacy of your Contact Information. You further understand that in order to revoke your consent to be contacted through any particular Contact Information point, or if at any time any Contact Information point is no longer private, or its use causes inconvenience to you, you must either contact the Servicer, if not us, through means identified by the Servicer, or by sending us a written request to revoke your consent to 200 CrossKeys Office Park, Fairport, NY 14450.
IMPORTANT INFORMATION REGARDING STATE LAWS – NOTICES
We are required under state law to notify consumers of the rights included in this section. This is not a complete list of the rights each consumer has under state and federal law. Some states require we provide you with a link to a Linked Site, as listed below. We are not affiliated with any Linked Site listed below and have no control over the content contained therein.
As required by law, you are hereby notified that a negative credit report reflecting your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If applicable, we will not submit a negative credit report to a credit reporting agency until at least 5 days after the validation period provided in the initial communication sent to you.
You may request records showing the following: (1) that ConServe has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees;(3) the date the debt became delinquent or the date of the last payment; (4) the name of the creditor and the account number associated with the debt; (5) the name and last known address of the debtor as it appeared in the creditor’s records prior to assignment of the debt; and (6) the names of all persons or entities other than the debt collector to which the debt has been assigned, if applicable. You may also request from us a copy of the contract or other document evidencing your agreement to the debt.
A request for these records may be addressed to: P.O. Box 7, Fairport, NY 14450, or correspondence@conserve-arm.com.
CA License Number 10259-99
A CONSUMER HAS THE RIGHT TO REQUEST IN WRITING THAT A DEBT COLLECTOR OR COLLECTION AGENCY CEASE FURTHER COMMUNICATION WITH THE CONSUMER. A WRITTEN REQUEST TO CEASE COMMUNICATION WILL NOT PROHIBIT THE DEBT COLLECTOR OR COLLECTION AGENCY FROM TAKING ANY OTHER ACTION AUTHORIZED BY LAW TO COLLECT THE DEBT.
COLORADO LAW PROHIBITS CREDIT BUREAUS FROM REPORTING MEDICAL DEBT OR FACTORING MEDICAL DEBT INTO A CREDIT SCORE UNLESS THE CONSUMER REPORT IS TO BE USED IN CONNECTION WITH A CREDIT TRANSACTION THAT INVOLVES, OR THAT MAY REASONABLY BE EXPECTED TO INVOLVE, A PRINCIPAL AMOUNT THAT EXCEEDS THE NATIONAL CONFORMING LOAN LIMIT VALUE FOR A ONE-UNIT PROPERTY AS DETERMINED BY THE FEDERAL HOUSING FINANCE AUTHORITY
MASSACHUSETTS: NOTICE OF IMPORTANT RIGHTS
You have the right to make a written or oral request that telephone calls regarding your debt not be made to you at your place of employment. Any such oral request will be valid for only ten days unless you provide written confirmation of the request postmarked or delivered within seven days of such request. You may terminate this request by writing to the debt collector.
License Number: CAD11741
NMLS ID: 931208
Compliance Managers
Primary:
Brandon J. Booker/CM11073/NMLS ID 1146429
Pamela A. Murphy/CM10495/NMLS ID 951079
Christopher J. Woodworth/CM10590/NMLS ID 1780494
Secondary:
Carin L. Abbey/CM12786/NMLS ID 2444898
Lori A. Martin/CM12522/NMLS ID 1785543
Dominic Queirolo/CM11070/NMLS ID 2357022
Joseph D. Sadowski/CM12523/NMLS ID 2352822
Please note you may request a copy of these Policies in an alternative, reasonably accommodatable format, which will then be provided to you either in a larger print format or other means. You may call us at 866-518-0400 to make such requests and get information about the available formats.
Debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to:
If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt:
ConServe offers the following language access services: The option for consumers to speak with a Spanish speaking company representative. If not immediately available, a Spanish speaking representative will provide a response to the consumer as soon as possible thereafter.
Translations and descriptions of commonly used debt collection terms is available in multiple languages on the New York City Department of Consumer Affairs Website: www.nyc.gov/dca. ConServe is not responsible for, nor does it have control over the content of this website.
NC Permit 521628623: 200 CrossKeys Office Park, Fairport, NY 14450
NC Permit 521628645: 201 Como Park Blvd., Cheektowaga, NY 14227
You may print up this Terms of Use at any time by clicking on the link on the Payment Portal, Forms Portal and/or Mobile App’s main URL page. The Payment Portal, Forms Portal, and/or Mobile App is provided “AS IS” with no warranty of any kind associated with the performance of each applicable Portal.
Special Notice for Account Registration
Account Information. The Payment Portal and/or Mobile App includes your use of a Password. By utilizing a Password and proceeding with the Registration, User hereby agrees that all Account Information is true and accurate, and that User will maintain and update this information as required in order to keep the Registration current, complete, and accurate.
User hereby grants ConServe the right to disclose to third parties certain Account Information about User in accordance with the Policies, and as allowed by law. User hereby authorizes ConServe to disclose Account Information to Servicers, provided ConServe has entered into an agreement with any such Servicers, reasonably protecting such Account Information.
User is solely responsible for maintaining the confidentiality of User’s Account Information and the Password. You hereby agree that you will take steps to ensure that others do not gain access to your Password and Account Information. You may not transfer or share your Password with anyone. ConServe reserves the right to immediately terminate your Registration in the event of any unauthorized transfer or sharing thereof.
Each Registration is for User’s personal use only and not on behalf of any other person or entity. ConServe does not permit any other person using the Registration under the User’s name, or any access through a single Registration being made available to multiple users on a network. If you are an authorized third-party, as allowed under state and/or federal law, you will not use the Registration, but shall contact our office by calling our toll-free number. User is responsible for preventing such unauthorized use. ConServe hereby states, and User acknowledges, that ConServe shall have the right to assume that any contact utilizing the Registration and Password is from you, personally, not from any third party.
You hereby acknowledge any Account Information you provide through the Payment Portal, Forms Portal, and/or Mobile App is subject to the terms of the consent in the beginning of this Terms of Use. If you do not agree, do not use the Registration, or provide Account Information.
To use the Payment Portal and/or Mobile App, a user must be invited by ConServe to use such Portal. ConServe will register users utilizing the Account number(s) provided to you.
Assistance with registering with the Payment Portal and/or Mobile App will be provided by contacting ConServe utilizing the phone number provided on your notice or by calling 1-800-724-4439, and ConServe will walk you through the Registration process.
Electronic Communication
If you provide your email address to us, you hereby authorize us to contact you via electronic mail using any email address you have provided in lieu of paper correspondence. You further agree to the terms of this section.
Fees. Where permitted by law, fees may be assessed by the website service providers, or their agents, for certain types of payment options available on the Payment Portal and/or Mobile App. If fees apply, each applicable Portal will include notice where such fees would apply. Other payment options are always available that do not include any fees, which you may utilize by calling ConServe’s toll-free number listed.
Special Notice Requirements
Federal and state law require we provide certain disclosures regarding your rights. Please note this list does not contain a complete list of the rights consumers have under state and federal law.
Links to Third Party Sites
The Payment Portal, Forms Portal and/or Mobile App may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the ConServe, and we are not responsible for the contents of any Linked Site, including, without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting, or any other form of transmission received from any Linked Site. ConServe is providing these Linked Sites to you only as a convenience or as required by law, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site, any association with its operators, or any warranty of any kind, either express or implied by us for the content or use of the Linked Site. If you decide to access these Linked Sites, you acknowledge you are leaving our Portal and the intended Services associated with our Portal, and you do so at your own risk. All rules, policies, and operating procedures of Linked Sites will apply to you while on such sites. We are not responsible for information provided by you to Linked Sites. Linked Sites may contain information or material that some people may find inappropriate or offensive. These Linked Sites are not under ConServe’s control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Linked Site, nor are we responsible for errors or omissions in any references to other parties or their products and services.
Termination of Use
User agrees that ConServe may, in ConServe’s sole discretion, terminate or suspend User’s access to all or part of the Payment Portal, Forms Portal and/or Mobile App, with or without notice, and for any reason, including, without limitation, breach of the Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities.
We reserve the right to seek all remedies available at law and in equity for violations of this Terms of Use, including the right to terminate, suspend, or block access from the Payment Portal, Forms Portal and/or Mobile App for any reason, without advance notice, and at any time.
Upon termination or suspension, regardless of the reasons therefore, User’s right to use the Services available on the Payment Portal, Forms Portal and/or Mobile App, shall immediately cease and User acknowledges and agrees that ConServe may immediately deactivate or delete User’s Registration, where applicable, and all related information and files in User’s Registration, and/or bar any further access to such files or the Payment Portal, Forms Portal and/or Mobile App. ConServe shall not be liable to User or any third party for any claims or damages arising out of any termination, or suspension, or any other actions taken by ConServe in connection therewith.
PRIVACY POLICY
By using the Portal, you are agreeing to be bound by the terms set forth in this section entitled “Privacy Policy.”
Please note that our definition of “Personal Information” is not intended to supersede any definition of the same by any privacy laws, or other applicable laws, but instead is intended to clarify our classification. If any law defines “Personal Information” more broadly, we hereby agree that such definition shall apply to the application of personal information under that law.
For Account Holders
The federal Fair Debt Collection Practices Act (“FDCPA”) and Health Information Portability and Accountability Act of 1996 (“HIPAA”) require consumer information and consumer medical information to be protected from unauthorized access and/or disclosure. ConServe maintains adequate safeguards to prevent the improper use or disclosure of private information as defined in the FDCPA or HIPAA regulations.
ConServe agrees to comply with all privacy and security policies of our creditor and servicer clients and to use our best efforts to maintain the integrity as well as the confidentiality of electronically transmitted or accessed information as applicable to each account under the FDCPA and HIPAA.
ConServe is Payment Card Industry Data Security Standard (“PCI”) compliant. PCI compliance includes truncation of payment card information on receipts and in the Portal, encryption of saved payment card information, and encryption of payment card information transmitted over payment processing networks.
ConServe is a member of the National Automated Clearing House Association (“NACHA”) Network and complies with the NACHA Operating Rules and Guidelines, required through ConServe’s payment processor vendor.
ConServe is compliant with the requirements of the Federal Information Security Management Act (“FISMA”), requiring compliance with National Information Standards and Technology (“NIST”) and federal regulations for information contained in records received from U.S. Federal Government Agencies on consumers and businesses. Additionally, information contained in records received from U.S. Federal Government Agencies requires ConServe’s compliance with the Privacy Act of 1974, requiring a consumer’s authorization to disclose information from those records and overriding commonly accepted privileges provided to attorneys as a consumer’s representative.
Control and Security
ConServe understands data security is paramount. We understand our continued success relies on both our ability to offer Services in a secure manner and to store any Personal Information and Passwords securely. To assist us in offering these Web-based services in a secure manner, ConServe employs a number of security measures described below. These measures allow ConServe to authenticate your identity when you access these services and to protect the information as it traverses the Internet between your Personal Computer or Mobile Device and ConServe.
The Services provided by this Portal are authenticated using unique user accounts and Passwords. Additionally, all communications between your secure Web browser and ConServe’s systems are secured using Transport Layer Security encryption. This technology protects your user credentials during authentication, and the Personal Information as it travels between your browser and our systems.
Access to individual Account Information through the Portal is limited to individuals who have an Account with ConServe. Individual secure login and Password combinations protect the information. Please keep your Password confidential. Do not share your Portal Password with anyone. Other than when you login to the Portal, ConServe will never ask you for your Password. Should anyone ask you for your Password, please contact ConServe, attention Vice President, Compliance & Privacy Officer at 1-855-421-0097. If you allow a third party to access your Account Information and utilize a login and Password without providing written authorization to ConServe that you have authorized a third-party to access your Account Information and report this information to ConServe, use of the Portal by the third-party will be suspended by ConServe upon our knowledge or written notice of such unauthorized use. Report this concern to correspondence@conserve-arm.com.
The Password protected portion of the Portal utilizes a timeout feature. This protective measure will automatically log you out of your current session after an extended period of inactivity.
ConServe uses system and application activity logs to protect our systems and the information. These logs are reviewed regularly, and any anomalies or discrepancies are investigated thoroughly.
The Portal utilizes Transport Layer Security encryption. The database behind the Portal is securely hosted behind a firewall. Backups of the Portal and the information obtained through the Portal occur on a daily basis and are stored off the Portal in a controlled environment for safety and business continuity.
The Portal is monitored 24-hours per day, 7 days per week by an Intrusion Prevention System (IPS) inspecting network traffic for suspicious activity and blocks network traffic matching known threat signatures. The IPS alerts ConServe Information Technology personnel of any suspicious traffic and/or blocked traffic. In addition to the IPS, numerous security controls (account locking, session timeouts, IP Blocking) are utilized to prevent unauthorized or unintended use of the Portal.
ConServe is a licensed third-party user of Repay’s and RevSpring’s software and payment processing service. Repay handles the processing of payment card and bank account information provided by you in the Portal.
Repay and RevSpring ensure compliance with NACHA Operating Rules and Guidelines and handle a portion of the compliance requirements found in the Electronic Fund Transactions Act (“EFTA”). Repay’s Privacy and Security Practices can be found at https://repay.com/privacy-policy/, and RevSpring’s Privacy and Security Practices can be found at https://revspringinc.com/privacy-policy/. These URL addresses are not linked to this policy and are provided as a convenience to you; they include a third-party URL that is not affiliated with ConServe; and is created, operated, and maintained by them. The policies of Repay and RevSpring have been reviewed by us for our compliance with the applicable laws, but these service providers are not affiliated with ConServe and they provide services as an independent contractor. The references to their policies are for informational purposes only.
ConServe, through its privacy and security practices and/or those of its Servicers ensures all personnel with access to your Account Information are checked for criminal background histories related to theft of information, crimes of dishonesty and crimes involving money along with checks for conflicts of interest and debarment from professional licensure in the financial industry. ConServe and its Servicers make every effort to become aware of such history and do not employ or provide access to your Account Information to those with such backgrounds.
System Security Considerations
Data Sensitivity. The sensitivity of data exchanged between ConServe and you are sensitive.
User Community. All ConServe or Servicer users with access to the Account Information received from you are U.S. Citizens with a valid and current background investigation. ConServe through its privacy and security practices and/or those of its Servicers ensures all personnel with access to your Account Information are checked for criminal background histories related to theft of information, crimes of dishonesty, and crimes involving money along with checks for conflicts of interest and debarment from professional licensure in the financial industry. ConServe and is Servicers make every effort to become aware of such history and do not employ or provide access to your Account Information to those with such backgrounds that are identified through its investigation.
Information Exchange Security. The security of the Personal Information being passed on this connection is protected using approved encryption mechanisms. The connection on ConServe’s end is located within controlled access facilities, with security deterrents, twenty-four (24) hours a day. Individual users will not have access to the data except through the Portal. All access is controlled by authentication methods to validate the approved users.
Trusted Behavior Expectations. Users are expected to protect ConServe’s network and its database in accordance with and state and local privacy laws. You must not upload, post, host or transmit any worms, viruses, code of a destructive nature, unsolicited email, SMSs, or “spam” messages. You agree not to modify, adapt, or hack the Portal. You further agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Portal, use of the Portal or access to the Portal without the express written permission of ConServe.
Formal Security Policy. ConServe’s policy documents governing the protection of our data are referred to as ConServe’s “Information Security Policy” (ConServe Policy- PL.18.52).
Incident Reporting. A user discovering a security incident shall report it in accordance with its incident reporting procedures. In the case of a consumer, any security incident will be reported to ConServe at 1-855-421-0097, and ConServe will initiate its Security Incident Response Plan (ConServe Procedure- CP.11.4). ConServe’s Policy governing the reporting of Security Incidents is ConServe’s Incident Response policy within ConServe’s “Information Security Policy” (ConServe Policy- PL.18.52).
Audit Trail Responsibilities. ConServe is responsible for auditing application processes and user activities involving a user’s connection with ConServe. Activities that will be recorded include event type, date, and time of event, user identification, success or failure of access attempts, and security actions taken by ConServe’s System Administrators or security officers. Audit logs will be retained in accordance with ConServe Guidelines.
Types of Information Collected, Including Personally Identifiable Information
ConServe collects and maintains your Personal Information, as obtained in connection with the Services. When you communicate to us through the Portal, ConServe will collect any information you provide us, including personally identifiable information or sensitive information.
Where applicable, you are provided the option of directing ConServe to not save payment card or bank account information at the Portal. Receipts produced will truncate your payment card or bank account information. ConServe and its security monitoring vendors collect internet protocol (“IP”) address or other electronic markers from visitors to the Portal whether a login is created or not for security monitoring purposes.
Use of Information
Although ConServe does not use tracking cookies, we may automatically gather general statistical information from your browser, including your IP address and the pages you request. ConServe will use this data to monitor and maintain the Portal and to improve the services provided by the Portal. Additionally, ConServe may allow you to save certain Personal Information that you provide at your selection so that you do not need to re-enter information each time you visit the Portal.
Sharing of Information
We do not, and will not, sell or rent to anyone the Personal Information we collect from you, and will only disclose information as authorized by law and in accordance with the Services provided through the Portal and by us. Also, ConServe does not track user browser activities, including “do not track” settings, and therefore ConServe does not respond to any such detected settings because collected Personal Information is never shared with unauthorized third parties.
ConServe does use a payment processor to process your payment card and bank account transactions and the Personal Information you provide for such payments is authorization that the payment processor is allowed to securely process your payment card and bank account information to make a payment to your Creditor through ConServe, to verify the accuracy of the payment card or bank account information, and to save the payment card and bank account information for future payments, if voluntarily chosen by you.
ConServe uses a web-site developer and payment processing company who have access to necessary Personal Information (RevSpring/Repay). ConServe through its privacy and security practices and/or those of its Servicers ensures all personnel with access to your Account Information are checked for criminal background histories related to theft of information, crimes of dishonesty and crimes involving money. ConServe and its Servicers make every effort to become aware of such history and do not employ or provide access to your Account Information to those with such backgrounds that are identified through its investigation.
ConServe may be required by law enforcement, government agencies, or judicial authorities to disclose the Personal Information obtained, or contained in this Portal, to the appropriate governmental authorities. ConServe will disclose such Personal Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement or government agency investigation. ConServe will fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
User Choices on Collection
You have the choice of not providing phone numbers to ConServe. Some information requested through the Portal may be required. We only require information where it is necessary to confirm your identity and evidence that you have lawful right to access to Account Information or to confirm your most current Contact Information to avoid contact with wrong consumers. If you bypass providing required information, the Portal will not allow you to continue to the next page. If you cannot provide any required information, you can contact ConServe by telephone, facsimile, email, or mail.
We may, from time to time, send emails regarding our services. In addition, if you indicated through contacts with us, that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail or emails about services we feel may be of interest to you. Only ConServe will send you these direct mailings, and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your information.
Cookies
A cookie is a piece of data stored on the user’s hard drive containing information about the user. ConServe may utilize temporary session cookies to provide for Portal functionality. ConServe will not use tracking cookies when you use the Portal. Also, ConServe does not track user browser activities, including “do not track” settings, and therefore ConServe does not respond to any such detected settings because collected Personal Identifiable information is never shared with unauthorized third parties.
Log Files
We use IP addresses to analyze trends, administer the Portal, track user’s movement, ensure adequate privacy and security, and to protect your information. ConServe does not capture demographic information in the log files.
Correcting/Updating Information and Suspension of User Profile
A user’s profile may be changed by the user. However, if a user’s profile requires a change that cannot be made or you request suspension of your user profile, ConServe will endeavor to provide a way to correct, update or suspend your profile. These changes can be requested by calling 1-800-724-4439 or by emailing correspondence@conserve-arm.com.
Privacy Policies of Third-Party Websites
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of Personal Information we collect from you. We are not responsible for the policies or practices of third parties, such as our Providers. However, those Providers are required by ConServe to follow ConServe’s security standards and Security and Privacy laws, regulations and guidelines described herein.
No Unlawful or Prohibited Use
As a condition of your use of the Portal, you warrant to us that you will not use the Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Portal in any manner which could damage, disable, overburden, or impair the Portal or interfere with any other party’s use and enjoyment of the Portal. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available or provided for through the Portal. You agree to indemnify, defend, and hold harmless ConServe, our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of: (a) your use of or inability to use the Portal; (b) your violation of these Policies; or (c) your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH THE PORTAL MAY INCLUDE INACCURACIES, OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PORTAL AT ANY TIME. ADVICE RECEIVED VIA THE PORTAL SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PORTAL FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CONSERVE AND/OR ITS RESPECTIVE SERVICERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE POLICIES.
IN NO EVENT, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE PORTAL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONSERVE OR ANY OF ITS SERVICERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PORTAL, OR WITH AN OF THESE POLICIES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PORTAL.
General
This Terms of Use is governed by the laws of the State of New York. You hereby consent to the exclusive jurisdiction and venue of the courts in the State of New York in all disputes arising out of or relating to the use of the Portal. Any claim or dispute related to the Portal, must be instituted within one (1) year after the claim arose and if multiple claims, from the date the first claim arose, or be forever waived and barred. If any part of these Policies are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Policies shall continue in effect. Unless otherwise specified herein, these Policies constitutes the entire agreement between the user and ConServe with respect to the Portal, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ConServe with respect to the Portal. A printed version of these Policies and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Policies to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Policies and all incorporated agreements may be automatically assigned by ConServe in its sole discretion. User may not resell, assign, or transfer any of its rights or obligations under these Policies, in whole or in part, without ConServe’s prior written consent and any attempt to so resell, assign or transfer will be null and void. The waiver of one party of a breach of any provision of these Policies, by the other party shall not operate or be construed as a waiver of any subsequent breach. The Policies and all incorporated agreements express the complete understanding of the parties with respect to the subject matter and supersedes all prior representations and understandings between the parties. To the extent that any incorporated agreements conflict with or are inconsistent with the Policies, the stricter provision shall prevail. The Policies may be amended at any time by ConServe without specific notice to User. The latest effective date of each Policy will be posted on the Portal, and User should review each Policy prior to using the Portal. In any action, formal or informal, initiated by ConServe to enforce the Policies, ConServe will be entitled to costs and attorneys’ fees.
Privacy Policies of Third-Party Sites
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you at this site. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties.
Notification of Changes
If ConServe determines a change to our Policies to be material, we will notify users by way of an e-mail, so users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose the information. This determination is at the sole discretion of ConServe and we are not obligated to provide this notice. You are still responsible for reviewing these Policies and agree that your use demonstrates your agreement to these terms. If you have any questions about these Policies, notice, the privacy and security practices employed for this Portal, or your dealings with this Portal, please contact ConServe by sending a letter, fax, or email to:
Continental Service Group, LLC d/b/a ConServe
200 CrossKeys Office Park
Fairport, New York 14450
Attn: Vice President, Compliance & Privacy Officer
Facsimile: (585) 425-2068
Email: correspondence@conserve-arm.com
FOR CALIFORNIA CONSUMERS– CA SUPPLEMENT
Effective Date: 07/23/2024
FOR CALIFORNIA RESIDENTS
Under the California Consumer Privacy Act of 2018 (“CCPA”), all visitors, users, and others who reside in the State of California (“CA Consumers/you/your”) are provided additional rights regarding their personal information, including sensitive information, as defined by the CCPA, and further detailed below (collectively referred to “Personal Information”).
This Privacy Notice for California Residents (“CA Supplement”) applies to all CA Consumers using the Portal and describes the rights granted to CA Consumer(s) under the CCPA. The continued use of the Portal(s) by any CA Consumer demonstrates the agreement of the CA Consumer to the terms contained in this CA Supplement. This CA Supplement is intended to supplement other policies included on the Portal, including, but not limited to the Terms of Use and Privacy Policy (“Policies”). In the event of any conflict between the Policies and this CA Supplement, the CA Supplement shall control. Any waivers referenced within any Policies shall not apply to the rights set forth herein.
If you would like to receive this notice in a different format to accommodate a disability, please contact correspondence@conserve-arm.com.
If you are a CA Consumer, when you use the Portal, you consent to our collection, use, and disclosure of Personal Information as described below. If you do not agree with this CA Supplement, your choice is not to use the Portal. This CA Supplement may change from time to time. The use of this CA Supplement after we make changes is deemed to be acceptance of those changes, so please check the CA Supplement periodically for updates.
Cookies and Tracking
We do not track or plant cookies. As such, we will not honor or respond to any “do not track” request because collected Personal Information is never shared with unauthorized third parties. We do not allow third-party behavioral tracking.
California Resident Rights and Choices
Please note that our office does not sell any of your Personal Information. We also do not offer any financial incentive programs as part of our Services.
You have the right under the CCPA, and certain other privacy and date protection laws, as applicable, to:
Please note that we are not required to:
MAKING YOUR REQUEST
If you, or any authorized agent, wish to exercise your rights under the CCPA, please contact us by using any of the methods set forth below. Authorized agents should submit a written authorization form signed by the CA Consumer with any request.
Please note that you, or an authorized agent on your behalf, may only make an access rights request twice within a 12-month period.
Your “verifiable consumer request” for data access and information deletion must include (this is not required for opt-out requests):
We are not obligated to make a data access or information disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.
Any Personal Information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.
Response Timing and Format
We will acknowledge receipt of your request within 10 business days. We endeavor to respond to a verifiable CA Consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable CA Consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your verifiable CA Consumer request, unless it is determined to be manifestly unfounded, excessive, or repetitive. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate for the reasonable fee before completing your request.
Denials for Requests to Delete
Under the CCPA, we may deny your request for deletion if one of the following reasons applies:
If we cannot honor your request to delete, we will notify you of the information that cannot be deleted and include the reason why.
| HOW TO CONTACT US |
| Call us at: (844) 497-6383 |
| Email us at: CCPA@conserve-arm.com |
| Write us at: P.O. Box 7, Fairport, NY 14450 |
| You may submit a request for more information about your Personal Information by clicking the link to “Request information about what we collect, share, and disclose” https://www.payconserve.com/contact-us |
| You may submit a request for deletion or correction of your Personal Information by clicking the link to “Request a deletion or correction of my Personal Information” https://www.payconserve.com/contact-us |
| You may access your Account information via the secure login system on the Portal, where you may be able to update certain Personal Information. |
What We Collect
We have collected and our Portal collects and/or has collected non-public “Personal Information” described below, over the last twelve (12) months, that identifies, relates to, describes, references, and is capable of being associated with you, which may include one or more of the categories listed below.
We will not collect any additional categories of information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Personal Information does not include:
| PERSONAL INFORMATION | |
| Categories | Examples |
| Identifiers | Name, alias, postal address, email address, account name, unique personal identifier, demographic information, telephone numbers, online identifier, internet protocol address, credit report data, or other similar identifiers, including those received by skip-tracing sources, including sensitive personal information listed below. |
| Client and Account records | Any material, regardless of form, on which information that identifies, relates to, describes, or is capable of being associated with, a particular individual, is recorded, such as employment information, bank account data, credit card information, current or past job history, or other information contained in the records related to any Account that we may hold.
Account Registration data, including email address, username, and password upon creation of an Account login on the Payment Portal, Forms Portal and/or Mobile App. Other information associated with an account may include tax returns, financial statements, loan and credit applications, signature cards or other account documentation containing the consumer’s signature, including electronic signatures. |
| Characteristics of protected classifications | Gender, age, marital status, veteran or military status, and/or data of minors. |
| Internet activity | Information about your interaction with the Payment Portal, Forms Portal and/or Mobile App, such as internet protocol (“IP”) addresses or other electronic markers for security monitoring purposes. |
| Audio, electronic, visual, thermal, and olfactory information | Call recordings |
| Employment-related information | Information gathered about the Consumer’s employer for purposes of contact, associated with the ability to provide Services, and provided to facilitate certain Services, Account information that includes professional or employment-related information, places of employment |
| Education information | As defined in the Family Educational Rights and Privacy Act, non-public educational records such as student identification codes, class registration agreements, grade reports, and student financial and financial aid information |
| Inferences drawn from any of these pieces of information identified in creating any profile about a Consumer | Consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes |
| Sensitive personal information | Account information, including, but not limited to personal information that reveals a Consumer’s social security number, driver’s license, state identification card, or passport number;
account log-in information, financial account, debit card and/or credit card numbers, bank account numbers and routing numbers and associated check or bank draft information; racial or ethnic origin, contents of Consumer’s mail or email, unless the business is the intended recipient of the communication. |
USE OF INFORMATION
Please note that we DO NOT sell your Personal Information
| We may use your Personal Information for one or more of the following business purposes: |
| Utilizing your Personal Information, as necessary, to provide collection or billing services on behalf of facilities, businesses, and other entities that we have contracts with (“Client(s)”) for account(s) that have been placed with our office for collection, whether considered in default (“Account(s)”) and the services associated with those agreements (“Services”) |
| Performing Services on behalf of our Clients, including debt collection, maintaining or servicing Accounts, providing customer service, processing or fulfilling transactions concerning accounts, verifying or updating information, processing payments, providing analytic services, or providing similar services on behalf of our Clients |
| Addressing any fraudulent activity or allegations of identity theft related to an Account |
| Complying with any legal obligation associated with an Account |
| Lawful, internal uses related to the Services, such as gathering Personal Information to obtain payment on Accounts, submitting any legally allowed information related to submitting Account payment information to a consumer reporting agency |
| Fulfilling or meeting the reason you provided the Personal Information |
| Providing, supporting, personalizing, and developing our Portal and Services |
| Creating, maintaining, customizing, and/or securing any password protected access areas |
| Processing your requests, purchases, transactions, and payments, and preventing transactional fraud |
| Providing support and response to any of your inquiries, including any investigation necessary to address your concerns, and monitor, and improve our responses |
| Personalizing the Portal’s experience, delivering content, product, and service offerings relevant to your interests |
| Responding to law enforcement requests and as required by applicable law, court order, or governmental regulations |
| To ensure appropriate right party contact and verification purposes in performing services on behalf of our Clients |
| To fulfill or meet the reason you provided the information. For example, if you share your Personal Information to make a payment, we will use that information to process your payment |
| To provide you with information, products, or services that you request from us or to respond to inquiries received from you on your behalf regarding the services provided on behalf of our Clients |
| Monitoring or auditing activities related to a current interaction with the CA Consumer and concurrent transactions |
| 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 |
| Short-term, transient use, provided the Personal Information is not disclosed to another third party and is not used to build a profile about a CA Consumer or otherwise alter an individual consumer’s experience outside the current interaction |
| Undertaking internal research for technological development and demonstration |
| Undertaking activities to implement, operationalize, improve, upgrade, or enhance the services performed on behalf of our clients and consumers (including CA Consumers), as well as the tools used to provide those services, including analytics and other information analysis tools |
| To respond to law enforcement or other governmental requests and as required by applicable law, court order, or governmental contracts or regulations |
| As necessary or appropriate to protect the rights, property, or safety of CA Consumers, us, our clients, or others |
| As described to you when collecting your Personal Information, or as otherwise set forth in the CCPA |
WHERE WE GET OUR INFORMATION
| The sources that our Personal Information comes from include: |
| Clients |
| Service Providers (e.g., letter vendors, skip-tracing vendors, payment processing vendors, call analytics vendor and/or electronic signature service providers) |
| Directly from a third-party pursuant to 16 U.S.C. §1692b (e.g., friends, neighbors, relatives, and/or employers) |
| Personal Information received from the Portal, whether on a computer or mobile application |
| Email, text and other electronic messages between a CA Consumer and us, related to the Services |
| Personal Information orally received from a CA Consumer during a telephone call related to the Services |
| Written correspondence sent to our office or the Client regarding an Account |
| Directly from CA Consumers, including Personal Information that CA Consumers input into the Portal, to utilize the Services |
| Pieces of information from limited sources, including data received from: the Client upon placement of a CA Consumer’s Account; the Client to supplement Account information |
| Publicly accessible sources (e.g., property records, social media, or court records) |
| From a third party with your consent (e.g., your authorized representative and/or attorney) |
WHO WE SHARE OR DISCLOSE PERSONAL INFORMATION TO
| We may share or disclose the Personal Information we collect about CA Consumers as described herein, or otherwise disclosed to you at the time the Personal Information is collected, including with: |
| Creditors to whom we provide our Services and/or their authorized agents or subcontractors |
| Consumer reporting agencies |
| Providers we use to help deliver our Services, such as letter vendors, skip-trace vendors, applications and website vendors, payment service providers, monitoring and auditing service providers, warehouses, and delivery companies |
| Legal authorities, as required by law |
| Third parties, as requested and authorized by CA Consumers |
| Third parties, allowed by law, such as spouses, legal representatives, and/or attorneys |
| Other third parties, authorized by law, that we use to help us run our business, such as legal, tax, banking, and other service professionals, insurers, brokers, auditors, and state and federal regulators; |
EQUAL SERVICING
CA Consumers will not receive any variation in the service or pricing of the Services, or your Account, because of you, exercising of your rights under the CCPA.
We will not discriminate against you for exercising any of your CCPA rights, which ensures that we will not:
We do not provide any financial incentive programs for the collection, sale, request for deletion of any Personal Information, or other utilization of the rights granted under the CCPA.
Contacts for More Information
For Fiscal Service Accounts: Joe Sadowski at 888-889-2406
For IRS Accounts: Joe Sadowski at 844-421-1088
For All Other Accounts: Chris Gent at 866-622-9867
Changes to our CA Supplement
We reserve the right to amend this CA Supplement at our discretion and at any time. When we make changes to this privacy policy, a notice will be posted on our website homepage at www.conserve-arm.com.