Should We need to process Your data for a new purpose in the future, which is entirely unrelated to the above, We will inform You of such processing in advance and You may exercise Your applicable rights (as explained below) in relation to such processing.
Finally, do note that without certain Personal Data relating to You, We may not be in the position to provide some or all of the services You expect from Us or even to guarantee the full functionality of Our Site.
SPECIAL NOTE ON CONSENT
For the avoidance of all doubt, We would like to point out that in those limited cases where We cannot or choose not to rely on another legal ground (for example, Our legitimate interests), We will process Your Personal Data on the basis of Your consent. In some cases, We will require Your explicit consent, for example, when, on the basis of Your explicit consent We will process special categories of data concerning You such as Your health data or data that reveals Your race or ethnic origin (what was previously referred to as ‘sensitive Personal Data’) that might be needed as part of Our processing of Your application for a credit facility with Us.
In those cases where We, as a data controller, process on the basis of Your consent (which We will never presume but which We shall have obtained in a clear and manifest manner from You), YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT AT ANY TIME and this, in the same manner as You shall have provided it to Us.
Should You exercise Your right to withdraw Your consent at any time (by writing to Us at the physical or email address below), We will determine whether at that stage an alternative legal basis exists for processing Your Personal Data (for example, on the basis of a legal obligation to which We are subject) where We would be legally authorized (or even obliged) to process Your Personal Data without needing Your consent and if so, notify You accordingly.
When We ask for such Personal Data, You may always decline, however should You decline to provide Us with necessary data that We require to provide requested services, We may not necessarily be able to provide You with such services (especially if consent is the only legal ground that is available to Us).
Just to clarify, consent is not the only ground that permits Us to process Your Personal Data. In the last preceding section above We pointed out the various grounds that We rely on when processing Your Personal Data for specific purposes.
ACCURACY OF PERSONAL DATA
All reasonable efforts are made to keep any Personal Data We may hold about You up-to-date and as accurate as possible. You can contact us in the manner explained below should you wish to check accuracy of the Personal Data we currently have about You. If You find any inaccuracies, We will correct them and where required, delete them as necessary. Please see below for a detailed list of Your legal rights in terms of any applicable data protection law.
DIRECT MARKETING
We only send mail, messages and other communications relating to marketing where We are authorized to do so at law. In most cases We rely on Your consent to do so (especially where We use electronic communications). If, at any time, You no longer wish to receive direct marketing communications from Us You can exercise this right by clicking the “unsubscribe” or “opt-out” link in the marketing emails we send you or let Us know by contacting Us at the details below.
In the case of direct marketing sent by electronic communications (where We are legally authorized to do so) You will be given an easy way of opting out (or unsubscribing) from any such communications.
Please note that even if You withdraw any consent You may have given Us or if You object to receiving such direct marketing material from Us (in those cases where We do not need Your consent), from time to time We may still need to send You certain important communications from which You cannot opt-out.
TRANSFERS TO THIRD COUNTRIES
As a general rule, the data We process about You (collected via the Site, any of our Apps or otherwise) will be stored and processed within the United States of America.
In some cases, it may be necessary for Us to share Your Personal Data to a country outside of the United States of America as part of Our ability and capability to fully cater to Your needs with the respective services we offer. Although, we put safeguards in ensuring that Your Personal Data remains in our control for safekeeping.
In such cases, apart from all appropriate safeguards that We implement, in any case, to protect Your Personal Data, We have put in place additional adequate measures. For example, We ensure that by and through special contractual clauses, the recipient is bound by any and all applicable United States Of America's Privacy Laws, and/or Privacy Laws applicable to any given country to where Your Personal Data is transferred or shared. You are entitled to obtain a copy of these measures by contacting Us as explained below.
INTERNET COMMUNICATIONS
You will be aware that data sent via the Internet may be transmitted across international borders even where sender and receiver of information are located in the same country. We cannot be held responsible for anything done or omitted to be done by You or any third party in connection with any Personal Data prior to Our receiving it including but not limited to any transfers of Personal Data from You to Us via a country having a lower level of data protection than that in place in the United States of America, and this, by any technological means whatsoever (for example, WhatsApp, Skype, Dropbox etc.).
Moreover, We shall accept no responsibility or liability whatsoever for the security of Your data while in transit through the internet unless Our responsibility results explicitly from a law having effect in Califorina.
AUTHORIZED DISCLOSURES
Without prejudice to anything contained in this Privacy Policy and in the interest of full transparency, We reserve the right to disclose (and otherwise process) any relevant Personal Data relating to You which We may be processing (including in certain cases relevant IP addresses) to authorized third parties in or outside the United States of America if such disclosures are allowed under the Data Protection Laws (whether or not You have provided Your consent) including but not limited to:
1. For the purpose of preventing, detecting or suppressing fraud (for example, if You provide false or deceptive information about Yourself or attempt to pose as someone else, We may disclose any information We may have about You in Our possession so as to assist any type of investigation into Your actions);
2. In the event of SourcePlus Financial being involved in a merger, sale, restructure, acquisition, joint venture, assignment, transfer;
3. To protect and defend Our rights (including the right to property), safety, or those third-party entities We have a special arrangement/relations with, of Users of Our Site or even Your own;
4. To protect against abuse, misuse or unauthorized use of Our Site;
5. For any purpose that may be necessary for the performance of any agreement You may have entered into with Us (including the request for provision of services by third parties) or in order to take steps at Your request prior to entering into a contract;
6. To comply with any legal obligations such as may arise by way of response to any Court subpoena or order or similar official request for Personal Data; or
7. As may otherwise be specifically allowed or required by or under any applicable law (for example, under anti-money laundering legislation).
SHARING OF PERSONAL DATA WITH OTHER CATEGORIES OF RECIPIENTS
Relevant data will also be disclosed or shared as appropriate (and in all cases in line with the Data Protection Laws) to/with members and staff of SourcePlus Financial, to/with other entities within the SourcePlus Financial Group and/or to/with affiliated entities and/or subcontractors if pertinent to any of the purposes listed in this Privacy Policy (including to/with Our services providers who facilitate the functionality of the Site and/or any service You may require). Personal information will only be shared by Us to provide the services You request from Us or for any other lawful reason (including authorized disclosures not requiring Your consent).
Any such authorized disclosures will be done in accordance with the Data Protection laws (for example all Our processors are contractually bound by the requirements in the said Data Protection Laws, including a strict obligation to keep any information they receive confidential and to ensure that their employees/personnel are also bound by similar obligations).
Your Personal Data will never be shared with third parties for their marketing purposes (unless You give Your consent thereto).
The list of third parties to whom We may disclose to and/or share Your Personal Data with is available on request.
SECURITY MEASURES
The personal information which We may hold (and/or transfer to any affiliates/partners/subcontractors as the case may be) will be held securely in accordance with Our internal security policy and applicable laws.
We use reasonable efforts to safeguard the confidentiality of any and/or all Personal Data that We may process relating to You and regularly review and enhance Our technical, physical and managerial procedures so as to ensure that Your Personal Data is protected from:
- unauthorized access
- improper use or disclosure
- unauthorized modification
- unlawful destruction or accidental loss.
To this end We have implemented security policies, rules and technical and organizational measures to protect the Personal Data that We may have under Our control. All our members, staff and data processors (including specific subcontractors, who may have access to and are associated with the processing of Personal Data, are further obliged (under contract) to respect the confidentiality of Our Users’ or clients’ Personal Data as well as other obligations as imposed by the Data Protection Laws.
Despite all the above, We cannot guarantee that a data transmission or a storage system can ever be 100% secure. For more information about Our security measures, please contact Us in the manner described below.
Authorized third parties, and external/third party service providers, with permitted access to Your information (as explained in this Privacy Policy) are specifically required to apply appropriate technical and organizational security measures that may be necessary to safeguard the Personal Data being processed from unauthorized or accidental disclosure, loss or destruction and from any unlawful forms of processing.
RETENTION PERIODS
We will retain Your Personal Data only for as long as is necessary (taking into consideration the purpose for which it was originally obtained). The criteria We use to determine what is ‘necessary’ depends on the particular Personal Data in question and the specific relationship We have with You (including its duration).
Our normal practice is to determine whether there is/are any specific California and/or United States of America's law(s) (for example tax or corporate laws) permitting or even obliging Us to keep certain Personal Data for a certain period of time (in which case We will keep the Personal Data for the maximum period indicated by any such law).
We would also have to determine whether there are any laws and/or contractual provisions that may be invoked against Us by You and/or third parties and if so, what the prescriptive periods for such actions are. We will keep any relevant Personal Data that We may need to defend Ourselves against any claim(s), challenge(s) or other such action(s) by You and/or third parties for such time as is necessary.
Where Your Personal Data is no longer required by Us, We will either securely delete or anonymize the Personal Data in question.
PROCESSING FOR STATISTICAL REASONS
Research and statistics using User or client information is only carried out so that We may understand Our Users’ and/or clients’ needs, to develop and improve Our services/activities. In any case, We will always ensure to obtain any consent We may legally require from You beforehand. As in all other cases, We will also ensure to implement all appropriate safeguards as may be necessary.
LINKS TO THIRD PARTY SOURCES
Links that We provide to third-party websites are clearly marked and We are not in any way whatsoever responsible for (nor can We be deemed to endorse in any way) the content of such websites (including any applicable privacy policies or data processing operations of any kind). We suggest that You should read the privacy policies of any such third-party websites.
COOKIES
When You visit Our Site, We collect certain categories of Personal Data automatically through the use of cookies and similar technologies.
For more detailed information including what cookies are and how and why We process such data in this manner (including the difference between essential and non-essential cookies) please read Our detailed but easy-to-read Cookie Policy.
MINORS
The Site and Our services are not intended to be used by any persons under the age of eighteen (18) and therefore We will never intentionally collect any Personal Data from such persons. If You are under the age of consent, please consult and get Your parent’s or legal guardian’s permission to use the Site and to use Our services.
We shall consider that any Personal Data of persons under the age of eighteen (18) received by Us, shall be sent with the proper authority and that the sender can demonstrate such authority at any time, upon Our request.
YOUR RIGHTS UNDER THE DATA PROTECTION LAWS
Before addressing any request You make with Us, We may first need to verify Your identity. In all cases We will try to act on Your requests as soon as reasonably possible.
As explained in the Retention Periods section above, We may need to keep certain Personal Data for compliance with Our legal retention obligations but also to complete transactions that You requested prior to the change or deletion that You requested.
Please note that when acting as a business website owner/lead generator, SourcePlus Financial processes personal data on behalf of one or more of the third-party entities with which We have special business arrangements/relationships with. In such cases queries will generally be directed to said third-party entities.
When We act as a data controller, Your various rights at law in so far as We are concerned include:
YOUR RIGHT OF ACCESS
You may, at any time request Us to confirm whether or not We are processing Personal Data that concerns You and, if We are, You shall have the right to access that Personal Data and to the following information:
What Personal Data We have,
Why We process them,
Who We disclose them to,
How long We intend on keeping them for (where possible),
Whether We transfer them abroad and the safeguards We take to protect them,
What Your rights are,
How You can make a complaint,
Where We got Your Personal Data from and
Whether We have carried out any automated decision-making (including profiling) as well as related information.
Upon request, We shall (without adversely affecting the rights and freedoms of others including Our own) provide You with a copy of the Personal Data undergoing processing within one month of receipt of the request, which period may be extended by two months where necessary, taking into account the complexity and number of the requests. We shall inform You of any such extension within one month of receipt of the request, together with the reasons for the delay.
YOUR RIGHT TO RECTIFICATION
You have the right to rectify Your Personal Data. You can exercise this right by asking Us to rectify inaccurate Personal Data and to complete incomplete Personal Data concerning You. We may seek to verify the accuracy of the data before rectifying it.
YOUR RIGHT TO ERASURE (THE RIGHT TO BE FORGOTTEN)
You have the right to ask Us to delete Your Personal Data and We shall comply without undue delay but only where:
- The Personal Data are no longer necessary for the purposes for which they were collected; or
- You have withdrawn Your consent (in those instances where We process on the basis of Your consent) and We have no other legal ground to process Your Personal Data; or
- You shall have successfully exercised Your right to object (as explained below); or
- Your Personal Data shall have been processed unlawfully; or
- There exists a legal obligation to which We are subject; or
- Special circumstances exist in connection with certain children’s rights.
In any case, We shall not be legally bound to comply with Your erasure request if the processing of Your Personal Data is necessary:
- for compliance with a legal obligation to which We are subject (including but not limited to Our data retention obligations); or
- for the establishment, exercise or defence of legal claims.
There are other legal grounds entitling Us to refuse erasure requests although the two instances above are the most likely grounds that may be invoked by Us to deny such requests.
YOUR RIGHT TO DATA RESTRICTION
You have the right to ask Us to restrict (that is, store but not further process) Your Personal Data but only where:
- The accuracy of Your Personal Data is contested (see the right to data rectification above), for a period enabling Us to verify the accuracy of the Personal Data; or
- The processing is unlawful and You oppose the erasure of Your Personal Data; or
- We no longer need the Personal Data for the purposes for which they were collected but You need the Personal Data for the establishment, exercise or defence of legal claims; or
- You exercised Your right to object and verification of Our legitimate grounds to override Your objection is pending.
Following Your request for restriction, except for storing Your Personal Data, We may only process Your Personal Data:
- Where We have Your consent; or
- For the establishment, exercise or defence of legal claims; or
- For the protection of the rights of another natural or legal person; or
- For reasons of important public interest.
YOUR RIGHT TO DATA PORTABILITY
You have the right to ask Us to provide Your Personal Data (that You shall have provided to Us) to You in a structured, commonly used, machine-readable format, or (where technically feasible) to have it ‘ported’ directly to another data controller, provided this does not adversely affect the rights and freedoms of others. This right shall only apply where:
The processing is based on Your consent or on the performance of a contract with You; and Your Right to Withdraw Consent (when We rely on consent)
YOUR RIGHT TO WITHDRAW CONSENT (WHEN WE RELY ON CONSENT)
See Our Special Note on Consent for detailed information on this right (which You may exercise at any time).
YOUR RIGHT TO OBJECT TO CERTAIN PROCESSING
In those cases where We only process Your Personal Data when this is 1.) necessary for the performance of a task carried out in the public interest or 2.) when processing is necessary for the purposes of the legitimate interests pursued by Us or by a third party, You shall have the right to object to processing of Your Personal Data by Us. Where an objection is entered, the processing of data shall cease, unless We as data controller provide compelling and legitimate grounds requiring the continuation of the data processing which outweigh the objections You may have raised.
When Your data is processed for direct marketing purposes, You have the right to object at any time to the processing of Your Personal Data, which includes profiling to the extent that it is related to such direct marketing.
For the avoidance of all doubt, when We process Your Personal Data when this is necessary for the performance of a contract, when necessary for compliance with a legal obligation to which We are subject or when processing is necessary to protect Your vital interests or those of another natural person, this general right to object shall not subsist.
YOUR RIGHT TO LODGE A COMPLAINT
You also have the right to lodge complaints with the appropriate Data Protection Regulatory Authority. The competent authority in California is the Office of California Privacy Protection Agency (CPPA).
We kindly ask that You please attempt to resolve any issues You may have with Us first (even though, as stated above, You have a right to contact the competent regulatory authority at any time).
WHAT WE MAY REQUIRE FROM YOU
As one of the security measures We implement, before being in the position to help You exercise Your rights as described above We may need to verify Your identity to ensure that We do not disclose to or share any Personal Data with any unauthorized individuals.
TIME LIMIT FOR A RESPONSE
We try to reply to all legitimate requests within one month from receiving them. In some particular cases (for example, if the matter is particularly complex or if You send Us multiple requests), it may take Us longer than a month. In such cases, we will notify You accordingly and keep You updated.
SOURCEPLUS FINANCIAL DETAILS
SOURCEPLUS FINANCIAL operates as a fictitious business name of BLIV CORPORATION, an entity chartered in California, United States of America and whose registered office address is at 4901 Yorba Linda Avenue, Yorba Linda, Orange County, California State [98226].
If You have any questions/comments about privacy or should You wish to exercise any of Your individual rights, please contact Us at: privacy@sourceplusfinancial.com or by writing to: SourcePlus Financial, 4901 Yorba Linda Avenue, Yorba Linda, Orange County, California State [98226].
UPDATES
We reserve the right, at Our complete discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time. If You are an existing client with whom We have a contractual relationship You shall be informed by Us of any changes made to this Privacy Policy (as well as other terms and conditions relevant to the Site). We shall also archive and store previous versions of the Privacy Policy for Your review.
As a User of the Site with which We have no contractual relationship or even a lawful way of tracing, it is in Your best interest to regularly check for any updates to this Privacy Policy (which are usually deemed to be effective on the date they are published on the Site), in the event that Our attempts to notify You of such updates do not reach You.
