PRIVACY POLICY

  1. A consumer has the right to request that the business disclose the following:
    1. The categories of personal information we collect;
    2. The categories of sources from which the personal information is collected;
    3. The purpose for collecting the personal information;
    4. The categories of third parties with whom the business shares personal information; and
    5. The specific pieces of personal information we have collected, disclosed, or sold.
  2. Such a request can be made to Pacific Credit Services at 1.800.564.6440 or by mail to Pacific Credit Services PO Box 150 Fairfield, CA 94533.  Once we receive your request, we will compare information you provided with the information we already have.  If we can verify that the request came from you, we will provide the required information.  We will match 2-3 identifying, personal information data points to verify that the request came from you, such as address, phone number, etc.  If we cannot verify that the request came from you, we will notify you in writing.
  3. We typically collect the following categories of personal information about a consumer for debt collection purposes only:
    1. Health insurance information, which we obtain from the debtor’s creditor or the consumer, if we are collecting medical debt;
    2. Personal identifying information, like name, address and account number, as well as other identifying information, which we obtain from the consumer’s creditor, credit reports and other skip trace tools, and the consumer;
    3. Characteristics such as age, gender, etc., which we obtain from the consumer’s creditor and skip trace databases;
    4. Retail information, which we obtain from the consumer’s creditor;
    5. Geolocation data, which we may obtain from process servers;
    6. Recordings, which are made when the consumer has a telephone conversation with us;
    7. Professional and employment related information, which we obtain from the consumer’s creditor, credit reporting agencies, and other skip trace sources; and
    8. Educational information, which we obtain from the consumer’s creditor.
  4. We do not sell any personal information to third parties.  We do disclose information to:
    1. Service providers we use to help us in providing collection services to our clients, such as letter vendors and skip tracing providers;
    2. Third parties approved by you, including third-party payment providers;
    3. Credit reporting agencies;
    4. Federal or state governmental agencies, such as the Consumer Financial Protection Bureau, state Attorney Generals, etc.;
    5. Our attorneys, insurers and brokers; and
    6. Our bank(s).
  5. The California Consumer Privacy Act provides for the right for consumers to request deletion of their information, subject to various exceptions.  The information that Pacific Credit Services has generally falls within an exception and does not have to be deleted upon request.  Nonetheless, such a request can be made to Pacific Credit Services at 1.800.564.6440 or by mail to Pacific Credit Services PO Box 150 Fairfield, CA 94533.  Once we receive your request, we will compare information you provided with the information we already have.  If we can verify that the request came from you, we will provide the required information.  We will match 2-3 identifying, personal information data points, such as address, phone number, etc., to verify that the request came from the consumer.  If we cannot verify that the request came from the consumer, we will notify consumer in writing.
  6. The California Consumer Privacy Act also provides for the right to opt out of the sale of personal information.  However, we do not share, sell, or convey personal information (PII) to third parties for marketing purposes.
  7. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.  All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
  8. The consumer has a right not to receive discriminatory treatment by us for the exercise of the privacy rights conferred by the California Consumer Privacy Act.
  9. A consumer can designate an authorized agent to make a request under the California Consumer Privacy Act.  The consumer must provide either a power of attorney or written authorization.
  10. For questions, we can be reached at 1.800.564.6440.
  11. To request this notice be provided in an alternative format, please email us at info@PacificCreditServices.com.
  12. This privacy policy was last updated on February 19, 2024.

 

TERMS OF USE APRIL 2024

IMPORTANT – READ CAREFULLY. THESE TERMS OF USE (INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE) SET FORTH THE LEGAL AGREEMENT BETWEEN YOU AND KELSTIN GROUP, INC. DBA PACIFIC CREDIT SERVICES; DBA PCS, RELATING TO YOUR ACCESS TO AND USE OF OUR WEBSITES.

BY ACCESSING OUR WEBSITES, YOU AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE LEGALLY BOUND THEREBY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR WEBSITES.

These Terms of Use set forth the legal agreement between Kelstin Group, Inc., a California corporation (“PCS”, “Pacific Credit Services”, “we”, “us” or similar derivatives), and you relating to your use of and access to www.payPCScollect.com, and www.PacificCreditServices.com including all related web pages and content contained therein, provided

by PCS (collectively, the “Websites”). PCS may revise and update these Terms of Use from time to time in PCS’s sole discretion. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes.

Your Access to and Use of the Websites

By accessing or using our websites you represent and warrant that you are over the age of eighteen (18) years old (or such other age of majority recognized under applicable law).

Subject to your compliance with the terms, conditions and restrictions set forth in these Terms of Use, PCS grants to you a personal, non-exclusive, non-sublicensable, non-transferable, limited right to access and use the Websites on the terms, conditions and restrictions set forth in these Terms of Use.

We reserve the right to withdraw or amend these Websites, and any service or content we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including you. You are responsible for making all arrangements necessary for you to have access to the Websites.

To access the Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current and complete. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify PCS of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites: (a) in any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain

letter” or “spam” or any other similar solicitation; (d) to impersonate or attempt to impersonate PCS or any other person; (e) to engage in any other conduct that restricts or inhibits any use or enjoyment of the Websites, or which, as determined by PCS, may harm PCS, any customer or vendor of PCS, or any other user of the Websites.

Additionally, you agree not to: (a) use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with the authorized use of the Websites; (b) use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including to monitor or copy any of the content on the Websites; (c) use any manual process to monitor or copy any of the content on the Websites or for any other unauthorized purpose without our prior written consent; (d) use any device, software or

routine that interferes with the proper working of the Websites; (e) introduce any viruses, trojan horses, worms, logic bombs or other item which is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites; (g) attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; or (h) otherwise attempt to interfere with the proper working of the Websites.

Text Messaging (SMS)

PCS send text messages (SMS) that provide links to the status of your accounts, missed payments, and confirmation of payments.  Wireless carriers are not liable for delayed/undelivered messages.  Message and data rates apply.

To Opt-out of receiving text messages reply STOP to any message received or email us at info@PacificCreditServices.com with the phone number you wish to have stop receiving messages.

To Opt-back in to receiving text messages email us at info@PacificCreditServices.com with the phone number you wish to start receiving text messages.

If you require help or assistance please contact us at info@PacificCreditServices.com or reach us by phone Monday through Friday 8am to 5pm PST at 800-564-6440.

Intellectual Property Rights

The Websites and their entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by PCS, its licensors or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on our Websites, except to: (a) store copies of such content temporarily in RAM; (b) store files that are automatically cached by your Web browser for display enhancement purposes; and (c) print a reasonable number of pages of the Websites for your personal, permitted use.

You must not: (a) modify copies of any content from the Websites; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of content from the Websites.

You must not reproduce, sell or exploit for any commercial purposes: (a) any part of the Websites, (b) any access to the Websites or (c) any use of the Websites or any services or information available through the Websites.

If you print, copy, modify, download or otherwise use any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the content you have made. No right, title or interest in or to

the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the PCS. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The Kelstin Group, Inc. name, the Pacific Credit Services name, the PCS name, PayPCSCollect.com, PacificCreditServices.com and all related names, logos, product and service names, designs and slogans are trademarks of PCS or its affiliates or licensors. You must not use such marks without the prior written permission of PCS. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Privacy Policy

You hereby agree to PCS’s Privacy Policy (to view the Privacy Policy, click here) and acknowledge that it applies to your access to and use of the Websites and any and all information provided

by, or collected from, you relating to your access to and use of the Websites. The terms and conditions of the Privacy Policy are hereby incorporated into these Terms of Use.

Reliance on Information Contained in the Websites; Disclaimers

Any and all information presented on or through the Websites is made available solely for general information purposes.

YOU ACKNOWLEDGE AND AGREE THAT: (A) ALL INFORMATION PRESENTED ON OR THROUGH THE WEBSITES IS PROVIDED ON “AS IS” BASIS WITH “ALL FAULTS”; (B) PCS AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) THE ACCURACY, COMPLETENESS, RELIABILITY, EFFECTIVENESS, USE, OR RESULTS OF USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE WEBSITES, OR (II) THE BUSINESS, PRODUCTS, SERVICES, OR OTHER OFFERINGS OF ANY VENDOR OTHER THAN PCS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) ANY RELIANCE ON OR USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE WEBSITES BY YOU IS DONE SO AT YOUR OWN RISK.

Links to Vendors’ and Other Third-Party Sites; Disclaimers

The Websites may contain links to other sites, resources and information provided by vendors and other third parties (collectively, “Third Party Sites”), including links (such as advertisements, banner ads, and sponsored links) to Third Party Sites embedded or otherwise contained on co- branded vendor pages on the Websites. Links to these Third-Party Sites are provided solely as a convenience to you, and the Third-Party Sites are not a part of the Websites. PCS does not operate, own or control the Third-Party Sites. You acknowledge and agree that your access to and use of the Third-Party Sites is subject solely to the applicable terms and conditions of use (including, without limitation, privacy policies), if any, of the Third-Party Sites. Neither these Terms of Use nor PCS’s Privacy Policy apply to any access to or use of any Third-Party Sites by you. If you decide to access or use any Third Party Sites, you do so entirely at your own risk.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) PCS AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF), (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, OR VENDOR, OR (IV) ANY LOSS OR DAMAGE THAT MAY ARISE FROM ANY OF THE FOREGOING; (B) PCS AND ITS AFFILIATES DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) ANY THIRD PARTY SITES (INCLUDING ANY INFORMATION PRESENTED, OR TRANSACTIONS CONDUCTED, ON OR THROUGH SUCH SITES), (II) YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITES (INCLUDING ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF THEREOF). OR (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED BY SUCH THIRD PARTY SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR OWN RISK.

Additional Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITES FOR ANY RECONSTRUCTION OF ANY LOST DATA.

PCS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY SITE LINKED TO IT.

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THERE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS.” PCS, ITS AFFILIATES AND THE SPONSOR DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES, ITS CONTENT, ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES, INCLUDING (I) ANY WARRANTIES REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES, OR (III) THAT THE WEBSITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED,

THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER THAT MAKES IT

AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR (III) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL PCS OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATING TO (I) YOUR USE, OR INABILITY TO USE, THE WEBSITES OR ANY THIRD PARTY SITES, (II) ANY TRANSACTIONS YOU CONDUCT ON, THROUGH, OR AS A RESULT OF YOUR USE OF THE WEBSITES OR ANY THIRD PARTY SITE, OR (III) ANY PRODUCTS, SERVICES OR OTHER OFFERINGS OFFERED OR PROVIDED TO YOU BY ANY THIRD PARTY SITE OR ANY VENDOR, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND

SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless PCS and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Websites.

Geographic Restrictions

PCS is based in the State of California in the United States, and the Websites are provided from location(s) within the United States. These Websites are intended for use only by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any conflict of law principles thereof.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Fairfield, California. You agree to waive any and all objections to the exercise of jurisdiction or venue over you by such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

Any waiver by PCS of any term or condition of these Terms of Use must be in writing. No waiver of these Terms of Use by PCS shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of PCS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, including the Privacy Policy (which is incorporated herein by this reference), constitute the sole and entire agreement between you and PCS with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

Your Comments and Concerns/Request Help

If youhaveanycomments,requestsfortechnicalsupport,and otherfeedbackrelatingto the Websites,pleasecontactus at info@PacificCreditServices.com. Subject to any applicable restrictions under the Privacy Policy, PCS will be free to use such feedback on an unrestricted basis.