CA Privacy Policy

CA Privacy Policy


This California Privacy Notice (“California Notice”) supplements the information contained in the Amherst Capital Management LLC (“we” or “us”) Privacy Notice (https://www.amherstcapital.com/privacy-policy).  This California Notice applies solely to individuals who are California residents (“Residents,” ”consumers,” “you,” or “your”).  A California resident includes an individual who is in California for other than a temporary or transitory purpose, or who is domiciled in California but who is outside of California for a temporary or transitory purpose.  This California Notice is intended to comply with the California Consumer Privacy Act of 2018 (“CCPA”).  Any defined terms used in this Notice have the same meanings assigned to them in the CCPA.

Information We Collect

Through our branch offices, on our Website, and from third parties, we collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (”personal information”). We have collected the following categories of personal information from Residents within the last twelve months:
 
Category Examples
Identifiers
Names, addresses, physical characteristics or description, unique personal identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Names, signatures, Social Security numbers, physical characteristics or description, addresses, telephone numbers, passport numbers, driver’s licenses or state identification card numbers, , educational information, employment, employment history,  or any other financial information.
Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Internet or other similar network activity. Browsing history, search history, and information on a consumer’s interaction with a website, application, or advertisement
Professional or employment-related information. Job applications, resumes, and CVs .
Inferences drawn from other personal information Profiles about a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

Information That is Not Personal Information

The CCPA provides that the term “personal information” does not include the following.  The rights described in this Notice do not apply to information if the information is not personal information. 
  • Publicly available information that is lawfully made available from federal, state, or local government records 
  • Consumer information that has been de-identified or aggregated 
  • Information that is excluded from coverage under CCPA, including:
    • Medical or health information governed by the California Confidentiality of Medical Information Act or clinical trial data and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and;
    • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994.  Most of the information collected in connection with your application for a loan, the processing and underwriting of that loan, and the servicing of that loan, is covered by these exceptions. 

Sources From Which We Collect Personal Information 

Amherst obtains the categories of personal information listed above from the following categories of sources:
  • Directly from you. For example, from loan applications you complete or other services you purchase from us.
  • Indirectly from you. For example, from observing your actions on our website or from information your computer or mobile device transmits when interacting with our computer system, website, or mobile applications, among other things. 
  • From our parent entities, affiliates, subsidiaries and partners;
  • From third parties that are authorized to share your information with us, such as intermediaries, broker dealers, our institutional clients and service providers; and
  • From publicly available sources of information.

Use of Personal Information

We may retain, use, or disclose the personal information we collect for any of the following purposes.
  • To complete the transaction, or provide the product or service, for which we collected the personal information, and to fulfil or meet the obligations associated with the transaction, product and service.
  • To comply with our anti-money laundering obligations under applicable laws. We will process certain personal information about you (or use a third party such to do so) to permit us to meet legal obligations or to pursue our interests in relation to, the prevention of fraud, money laundering, terrorist financing, sanctions-prohibited actions, bribery, corruption, and/or tax evasion, on an on-going basis. 
  • To investigate and prevent fraud; to detect, prevent, investigate and prosecute crime; and to enforce or defend our rights.
  • To carry out statistical analysis and market research. 
  • To provide you with information about products and services we offer that may be of interest to you.
  • To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity.
  • To perform debugging in order to identify and repair errors that impair existing intended functionality.
  • To undertake internal research for technological development and demonstration.
  • To undertake activities to verify, maintain, improve, upgrade, or enhance the quality or safety of our services
Amherst will not collect additional categories of personal information or use the personal information we collect for additional purposes without providing you notice.

Sharing Personal Information

Amherst may disclose your personal information to a third party for a business purpose. When we disclose personal information to a third party for a business purpose, we enter into a contract with that third party that describes the purpose and requires the third party recipient to both keep the personal information confidential and not use it for any purpose other than to perform as required under the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to exercise your right to opt-in or opt-out, as applicable.  
 
We share your personal information with the following categories of third parties:
  • Parent entities, affiliates and subsidiaries;
  • Service providers.
  • Governmental agencies when required by applicable law, such as the Internal Revenue Service, or when necessary to complete your transactions, such as with recorders’ offices.
  • Data aggregators.
 
Disclosures of Personal Information for a Business Purpose
 
In the last twelve months, we may have disclosed the following categories of personal information for a business purpose:
  • Identifiers.
  • California Customer Records personal information categories.
  • Commercial information.
  • Internet or other similar network activity.
We disclose your personal information for a business purpose to the following categories of third parties:
  • Service providers.
 
No Sale of Personal Information
 
Amherst has not sold personal information in the preceding twelve (12) months. To the extent that Amherst ever changed its policy and chose to sell personal information, you would have the right to opt-out of the sale of your personal information.

Your Rights and Choices

The CCPA provides you with specific rights regarding your personal information. This section describes those rights and explains how you may exercise those rights.
 
Right to Request Access Certain Information 
 
You have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that we disclose to you and provide you access to certain information about how we have collected and used your personal information during the past 12 months. Once we receive and verify you and your identity (as described below), we will disclose to you:
  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third parties with whom we shared that personal information.
  • The personal information we collected about you.
  • If we disclosed your personal information for a business purpose, the categories of personal information that we disclosed
You have the right to request access to and receive the information no more than twice in a 12-month period.
 
Right to Request Deletion of Certain Information
 
Subject to certain exceptions, you have the right to request that we delete any of your personal information that we collected from you and retained.  Once we receive and confirm your verifiable consumer request (as described below), we will delete your personal information from our records, and direct our service providers to delete that information, unless an exception applies.
 
We may deny request to delete if retaining the information is necessary for us or our service providers to:
  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contractual obligations.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising your Access and Deletion Rights

To exercise the rights described above, please submit a request to us by either:
  • Calling us at: 1-(833)-496-0298 
  • Emailing us at: compliance@amherst.com
  • Visiting: amherstcapital.com 
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.  You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must:
  • Provide sufficient information that allows us to reasonably verify you are the person as to whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

For instructions on exercising sale opt-out rights, see the section below entitled Personal Information Sales Opt-Out and Opt-In Rights.
 
Response Timing and Format
 
We will try to respond to verifiable consumer requests within forty-five days of receipt. If we require more time, we will inform you of the reason and extension period in writing.
 
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
 
Any disclosures we provide will cover only the 12-month period preceding our receipt of the verifiable consumer request.  The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data access requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
 
We do not charge a fee to process or respond to your verifiable consumer request unless it is manifestly unfounded or excessive.  

Non-Discrimination 

We will not discriminate against you for exercising any of your CCPA rights. Unless the CCPA permits, we will not:
  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. 

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to: compliance@amherst.com

Changes to Our Privacy Notice

Amherst reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Amherst collects and uses your information, your rights regarding our use, or wish to exercise your rights described above, please do not hesitate to contact us at:
 
Phone: 1-(833)-496-0298 
 
Email: compliance@amherst.com
 
Website: amherstcapital.com