PRIVACY POLICY

PRIVACY POLICY OF AMERICAN FINANCIAL & AUTOMOTIVE SERVICES, INC.
AND AMERICAN FINANCIAL WARRANTY CORPORATION

American Financial & Automotive Services, Inc., American Financial Warranty Corporation, and their subsidiaries, divisions, brother/sister companies and affiliated companies ("we," "us") are committed to respecting both the privacy of our customers and the personal information which our customers provide to us in the course of our business relationship. The purpose of this notice is to advise you of the types of information we collect, how this information is used and, how this information is protected.

As an essential part of our business, we receive from you certain personal information in order to provide a financial product or service or, alternatively, to facilitate your obtaining a financial product or service from certain non-affiliated companies with whom we have business relationships. The majority of this information comes directly from the applications and other materials which you provide to us. We may, however, also seek information from other parties such as physicians, other healthcare providers, and from consumer reporting agencies. The type of information which we seek depends, of course, upon the nature of the financial product or service which you have requested. Some of the common types of information which we may obtain include addresses, social security numbers, financial information, information concerning members of your family, and current and past medical history.

We do not disclose non-public personal information about our current or former customers to any non-affiliated entity, except as permitted by law. The sorts of disclosures which we make include the following: disclosures necessary to assist you in obtaining the financial product or service that you have requested; disclosures necessary to administer the financial product or service that you have requested; disclosures that you have authorized or directed us to make; disclosures made to your legal representative; disclosures made in response to a subpoena or other judicial or legal process; disclosures made to comply with federal, state, or local laws, and to protect against or prevent actual or potential fraud.

We protect all of the personal information which you have provided to us from access by unauthorized persons or entities. Your information is disclosed only to employees, agents, or other parties requiring such information in order to provide, or to assist in the provision of, products and services which you have requested. Each of our employees and agents who will have access to your personal information receives training concerning our legal obligations regarding your information, and what he or she must do, or refrain from doing, in order to comply with such obligations. Our retention of your personal information, whether such information is in electronic or paper format, is accomplished through technologies and procedures designed to prevent unauthorized access to this information and to otherwise comply with all applicable law concerning the security of your personal information.

The below has been added to the Privacy Policy to fulfill the obligations under the California Consumer Privacy Act of 2018:
1798.110.

(a) A consumer shall have the right to request that a business that collects personal information about the consumer disclose to the consumer the following:

(1) The categories of personal information it has collected about that consumer.

(2) The categories of sources from which the personal information is collected.

(3) The business or commercial purpose for collecting or selling personal information.

(4) The categories of third parties with whom the business shares personal information.

(5) The specific pieces of personal information it has collected about that consumer.

(b) A business that collects personal information about a consumer shall disclose to the consumer, pursuant to paragraph (3) of subdivision (a) of Section 1798.130, the information specified in subdivision (a) upon receipt of a verifiable request from the consumer.

(c) A business that collects personal information about consumers shall disclose, pursuant to subparagraph (B) of paragraph (5) of subdivision (a) of Section 1798.130:

(1) The categories of personal information it has collected about that consumer.

(2) The categories of sources from which the personal information is collected.

(3) The business or commercial purpose for collecting or selling personal information.

(4) The categories of third parties with whom the business shares personal information.

(5) The specific pieces of personal information the business has collected about that consumer.

(d) This section does not require a business to do the following:

(1) Retain any personal information about a consumer collected for a single one-time transaction if, in the ordinary course of business, that information about the consumer is not retained.

(2) Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information.

1798.115.

(a) A consumer shall have the right to request that a business that sells the consumer’s personal information, or that discloses it for a business purpose, disclose to that consumer:

(1) The categories of personal information that the business collected about the consumer.

(2) The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.

(3) The categories of personal information that the business disclosed about the consumer for a business purpose.

(b) A business that sells personal information about a consumer, or that discloses a consumer’s personal information for a business purpose, shall disclose, pursuant to paragraph (4) of subdivision (a) of Section 1798.130, the information specified in subdivision (a) to the consumer upon receipt of a verifiable request from the consumer.

(c) A business that sells consumers’ personal information, or that discloses consumers’ personal information for a business purpose, shall disclose, pursuant to subparagraph (C) of paragraph (5) of subdivision (a) of Section 1798.130:

(1) The category or categories of consumers’ personal information it has sold, or if the business has not sold consumers’ personal information, it shall disclose that fact.

(2) The category or categories of consumers’ personal information it has disclosed for a business purpose, or if the business has not disclosed the consumers’ personal information for a business purpose, it shall disclose that fact.

(d) A third party shall not sell personal information about a consumer that has been sold to the third party by a business unless the consumer has received explicit notice and is provided an opportunity to exercise the right to opt out pursuant to 1798.120.

1798.125.

(a) (1) A business shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights under this title, including, but not limited to, by:

(A) Denying goods or services to the consumer.

(B) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.

(C) Providing a different level or quality of goods or services to the consumer, if the consumer exercises the consumer’s rights under this title.

(D) Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

(2) Nothing in this subdivision prohibits a business from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the consumer by the consumer’s data.

(b) (1) A business may offer financial incentives, including payments to consumers as compensation, for the collection of personal information, the sale of personal information, or the deletion of personal information. A business may also offer a different price, rate, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to the consumer by the consumer’s data.

(2) A business that offers any financial incentives pursuant to subdivision (a), shall notify consumers of the financial incentives pursuant to Section 1798.135.

(3) A business may enter a consumer into a financial incentive program only if the consumer gives the business prior opt-in consent pursuant to Section 1798.135 which clearly describes the material terms of the financial incentive program, and which may be revoked by the consumer at any time.

(4) A business shall not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.

Categories of personal information:

  • Vehicle in-service date
  • Contract sale date
  • Your full name
  • Co-purchaser full name
  • Your resident address
  • Your phone number
  • Your email address
  • Co-purchaser email address
  • Price of the MasterTech contract
  • Price of the purchased vehicle
  • Mileage
  • Year, make, model, and class of vehicle
  • Terms of the MasterTech contract
  • Your lienholder name, address, and phone number
  • Your signature
  • Amount financed
  • MSRP
  • Annual percentage rate
  • Monthly payment
1798.115

Section 1798.115 of the California Consumer Privacy Act of 2018 requires the publication of two lists:

(i) A list of the categories of personal information it has sold about consumers in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describe the personal information sold, or if the business has not sold consumers’ personal information in the preceding 12 months, the business shall disclose that fact.

(ii) A list of the categories of personal information it has disclosed about consumers for a business purpose in the preceding 12 months by reference to the enumerated category in subdivision (c) that most closely describe the personal information disclosed, or if the business has not disclosed consumers’ personal information for a business purpose in the preceding 12 months, the business shall disclose that fact.

To fulfill this requirement, the lists are below:

(i) American Financial Warranty Corporation (“AFWC”), nor any affiliated companies or divisions, will not sell your personal information to any party for any reason. Your information is strictly used for business purposes to fulfill the obligations of the MasterTech voluntary protection contract(s) you purchased. It is necessary to obtain and maintain this information in order to provide claims services, make repairs, or provide additional benefits in accordance to your contract.

(ii)

  • Vehicle in-service date
  • Contract sale date
  • Your full name
  • Co-purchaser full name
  • Your resident address
  • Your phone number
  • Your email address
  • Co-purchaser email address
  • Price of the MasterTech contract
  • Price of the purchased vehicle
  • Mileage
  • Year, make, model, and class of vehicle
  • Terms of the MasterTech contract
  • Your lienholder name, address, and phone number
  • Your signature
  • Amount financed
  • MSRP
  • Annual percentage rate
  • Monthly payment

All individuals responsible for handling consumer inquiries about the business’s privacy practices or the business’s compliance with this title are informed of all requirements in Sections 1798.110, 1798.115, 1798.125, and this section, and know how to direct consumers to exercise their rights under those sections. Personal information is used strictly for business related purposes to fulfill the obligations of the voluntary protection contract(s) purchased by the consumer. AFWC and all affiliated company and division employees undergo detailed training on safeguarding customer information. This training is required federally under the Safeguards Rule, and it has been expanded to include training on the California Consumer Privacy Act of 2018.


Although AFWC does not sell personal information, as a covered third party to the selling dealership, AFWC is required to have an “Opt Out” link in this Privacy Policy as well as on our website at Privacy Policy, and it is titled “Do Not Sell My Personal Information.” This link will enable consumers to opt out of having AFWC sell their personal information without having to create login credentials.

Do Not Sell My Personal Information

If you have any questions about our privacy policy, you can contact:

Privacy Compliance Officer
American Financial & Automotive Services, Inc.
1790 Hughes Landing Boulevard, Suite 700
The Woodlands, Texas 77380
(281) 296-2327
HR@AFASinc.com

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