Privacy Policy

First Associates Loan Servicing, LLC including its subsidiaries Activate Financial, LLC and Claro Service, LLC (collectively “FALS”) complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. FALS has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

FALS may collect personally identifiable data including name, mailing or email address, etc. for the purposes outlined in FALS agreements with clients. These services may include document custodial services, backup loan and lease servicing and primary loan or lease servicing.

Sometimes forwarding information to a third party is a necessary part of FALS’ ordinary business process to service your accounts. Third parties may include entities such as credit bureaus, mail houses and banking institutions.  FALS never sells customer information for marketing purposes. FALS contractually requires the third party:

• To protect your customer information in line with principals outlined in the EU-US Privacy Shield Framework.
• To ensure the information is only used for purposes outlined in the contract.
• To never share any information with a third party without written approval by FALS.

In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US Privacy Shield and Swiss-US Privacy Shield, FALS is potentially liable.

You have access to personal information about you that we hold and are able to correct, amend, or delete that information where it is inaccurate, or has been processed in violation of the Principles, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question or where the rights of persons other than you would be violated. Each request is reviewed in line with the legitimate use of the information in the normal course of business. Requests must be submitted in writing to FALS or via email to privacy@1stassociates.com. All requests require certification that the requestor is actually the person identified by the information.

If personal information covered by the policy is to be used for a new purpose that is materially different from that for which the personal information was originally collected or subsequently authorized, or is to be disclosed to a non-agent third party, FALS will provide you with an opportunity to choose whether to have your personal information so used or disclosed.  Requests to opt out of such uses or disclosures of personal information should be sent to privacy@1stassociates.com.

If sensitive personal information covered by this policy is to be used for a new purpose that is different from that for which the personal data was originally collected or subsequently authorized or is to be disclosed to a third party, FALS will obtain your explicit consent prior to such use or disclosure.

In compliance with the US-EU and Swiss-US Privacy Shield Principles, FALS commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact FALS at privacy@1stassociates.com.

FALS has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacyshield/for-eu-consumers for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

FALS is subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

FALS also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Some types of personal information may be subject to other privacy-related requirements and policies, which are consistent with Privacy Shield. FALS also complies with all U.S. and U.S. state privacy laws and regulations.