Ava's Privacy Policy

Introduction

Ava Finance, Inc. (“Company”, “we” “us” and “our”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.fightcollections.com or www.meetava.com (our "Website") or download our web or mobile app(s) (“App(s)”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On our Website or App.
  • In email, text, and other electronic messages between you and our Website or App.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website and/or our App(s). By accessing or using this Website and/or our App(s), you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website and/or our App(s) after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website and/or App(s), including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number, date of birth, bank account and routing numbers, marital status, household income, credit report data, and login credentials you use to create and access an account with us ("personal information");
  • That is about you but individually does not identify you; and/or
  • About your internet connection, the equipment you use to access our Website and/or App(s), and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Website and/or App(s). Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website or our App(s) may include:

  • Information that you provide by filling in forms on our Website or our App(s). This includes information provided at the time of registering to use our Website or App(s), subscribing to our service, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website or App(s).
  • Records and copies of your correspondence (including email addresses), if you contact us.

Other Information

  • In order to help us determine if you qualify for financial products or services, we may obtain credit reports from consumer credit reporting agencies. If required by law, we will provide notice and/or obtain your consent to do so.
  • To prevent fraud, verify your identity, and secure accounts, we may obtain information about your mobile service from your wireless carrier, such as your subscriber data (including mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device details).
  • For fraud protection purposes only, (1) we collect your Battery Usage, Device Identifier, Device Storage, MAC Address, and SIM information; (2) we also collect enough information to determine if you are trying to fake your current location by using a VPN, VPN apps with location spoofing, or other related tools.
  • When you voluntarily provide it to us, we may also use the information you use to login to your accounts with your financial institutions (such as the username and password you use to access your bank’s website).

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website or our App(s), we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website and/or App(s), including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer, mobile, and internet connection, including your IP address, operating system, and browser type.
  • We may create and store transcripts of your voicemail (or call recording if applicable) in order to provide you with our services. Additionally, for some services, we may make transcripts of call recordings available to you. We may use a third party provider to help us provide transcriptions services to you.
  • If you are a user of an App that allows call recordings, we may store the recordings, and if applicable, transcripts with our cloud storage or telecom provider.
  • If you use one of our App(s) that provides call blocking, we may access the phone numbers in your contacts to ensure that those numbers are not blocked. We do not share this information except with our telecom and cloud storage providers that are necessary to provide our Services.
  • If you use the App(s), we may collect the number dialing into your device.
  • We will collect de-identified SMS and MMS text messages from callers that are not in your contacts and filter all those that we believe are from collection agencies.

The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and our App(s) and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website and App(s) according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website and/or App(s).

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and/or Apps and their contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website and App(s), or any products or services we offer or provide though them.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Direct Marketing and Online Advertising

We may use your information to contact you in the future to tell you about products or services we believe may be of interest to you. If we do, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

We may partner with third party service providers to display advertising on our Website or App or to manage our advertising on other sites. These partners may use data technologies such as cookies and pixels to collect information about your activities on this and other websites to provide you targeted advertising based upon your interests. We may also use web beacons to tell when a user is redirected to the Website or App because of an advertisement that we ran was clicked on or otherwise interacted with and to better target our advertisements (known as “retargeting”). Service providers we use may track Website or App visitors over time and across multiple websites and social media services to retarget Website or App visitors. Users logged in to social media programs may be tracked by service providers who track such users across multiple websites and who may disregard the privacy settings in your web browsers.

If you wish to not have this information used for the purpose of serving you targeted ads, you may be able to opt-out by emailing legal@meetava.com.

Please note that opting-out will not mean that you will no longer be served advertising. Instead, you will continue to receive generic ads that are not based on your specific interests.

Disclosure of Your Information

We may disclose aggregated information about our users without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users and/or App(s) users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect our rights, property, or safety, or that of our customers or others.

Electronic Fund Transfers (“EFTs”) and Account Balances

Ava Finance has partnered with financial services software company Sila Inc. to offer you EFTs. When you create an Ava Finance Account, you might also be prompted to sign up for a Sila Account. You authorize Ava Finance to share your identity and banking information with Sila Inc. to open and support your Ava Finance Account. It is your responsibility to make sure the data you provide us is accurate and complete. You must comply with Sila Inc.’s privacy policy (the “Sila Privacy Policy”) when creating or using your Ava Finance Account. The Sila Privacy Policy may be modified from time to time, and the governing version is incorporated by reference into this Privacy Policy. Any term not defined in this paragraph but defined in the Sila Privacy Policy assumes the meaning as defined in the Sila Privacy Policy.

California Privacy Rights. If you are a resident of the State of California, under the California Consumer Privacy Act (CCPA), you have the right to request information on how to exercise your disclosure choice options from companies conducting business in California.  Specifically:

  • Exercising the Right to Know. You may request, up to twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:
  • the categories and specific pieces of personal information we have collected about you;
  • the categories of sources from which we collected the personal information;
  • the business or commercial purpose for which we collected the personal information;
  • the categories of third parties with whom we shared the personal information; and
  • the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
  • Exercising the right to delete. You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.
  • Exercising the right to opt-out from a sale. You may request to opt out of any “sale” of your personal information that may take place.
  • Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.

To submit a request to exercise any of the rights described above, you may contact Ava Finance either via email to legal@meetava.com or contact us via postal mail, proper postage prepaid, at:

Ava Finance, Inc., Attn: Your California Privacy Rights

21681 Criptana, Mission Viejo, CA 92692.

Please indicate your preference as to how you would like us to respond to your request (i.e., email or postal mail).

All requests sent via postal mail must be labeled “Your California Privacy Rights” on the envelope or postcard and clearly stated on the actual request. For all requests, please include your name, street address (if you would like a response via postal mail), city, state, and zip code. We may need to verify your identity before responding to your request, such as verifying that the email address or contact information from which you send the request matches your email address or contact information that we have on file. Authentication based on a government-issued and valid identification document may be required. We will not accept requests via telephone or fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: legal@meetava.com.

What does Ava do with your personal information?

Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Social Security number and income
  • Account balances
  • Credit history
  • Transaction history
  • Employment

All financial companies need to share consumers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their consumers' personal information; the reasons Ava chooses to share; and whether you can limit this sharing.

To limit our sharing, email us at legal@meetava.com.

Please note: If you are a new customer, we can begin sharing your information 45 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us at any time to limit our sharing.

Other Important Information

Vermont Residents:

We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures.

North Dakota customers: We will not share your information except as permitted by ND Century Code Chapter 6-08.1

California residents:

You have the right to control whether we share some of your personal information. Please read the following information carefully before you make your choices below.

You have the right to stop us from sharing some of your personal and financial information with our affiliates (companies we own or control) and outside companies that we do business with.

We can still share some information if sharing it is necessary for us to follow the law or to give you the best service on your accounts with us. This includes sending you information about other products or services.

Restrict Information Sharing With Companies We Own or Control (Affiliates): Unless you say “No,” we may share personal and financial information about you with our affiliates.

NO, please do not share my personal and financial information with your affiliates.

Restrict Information Sharing With Other Companies We Do Business With To Provide Financial Products And Services: Unless you say “No,” we may share personal and financial information about you with outside companies we contract with to provide financial products and services to you.

NO, please do not share my personal and financial information with outside companies you contract with to provide financial products and services.

You may make your privacy choices at any time. If we do not hear from you, we may share some of your information with our affiliates and other companies with whom we have contracts to provide products and services. To make your choices, contact us at legal@meetava.com.