Recovery Management Systems Corporation (“RMSC”) provides bankruptcy-related services and values the trust that its clients have placed in RMSC to provide those services efficiently and effectively. RMSC understands that much of the information that clients provide to it is nonpublic personal financial information relating to the clients’ customers (“Account Debtors”), the disclosure of which is regulated under federal, and in some cases state, law. RMSC is committed to protecting the confidentiality of this information in compliance with all applicable laws and regulations.
In connection with providing bankruptcy-related services to its clients RMSC will use commercially reasonable efforts to maintain the confidentiality of the confidential information it maintains, including, but not limited to, information concerning business objectives of its clients, specific bankruptcy-related services provided by RMSC to any particular client, operating procedures of its clients, and the names, addresses and other nonpublic personal information of Account Debtors, computer software, other proprietary technological information, and the terms of any contract between RMSC and any of its clients (collectively, “Confidential Information”). Notwithstanding the foregoing,
(a) RMSC may disclose to an Account Debtor any Confidential Information that pertains to that Account Debtor, and
(b) Confidential Information shall not include any information that (i) is already known to RMSC prior to the time it is provided to RMSC in the performance of its bankruptcy-related services, (ii) is obtained by RMSC free of any confidentiality obligation,
(iii) was independently developed by or on behalf of RMSC;
(iv) was publicly known before it was provided to RMSC in the performance of its bankruptcy-related services, or
(v) becomes publicly known after disclosure to, and without fault of, RMSC.
Confidential Information shall be used by RMSC solely in the performance of RMSC’s obligations under any agreement between it and its client. RMSC will take commercially reasonable steps to ensure that its officers, directors, shareholders, employees, and agents take such actions as shall be necessary and advisable to preserve the confidentiality of the Confidential Information.
Nonpublic Personal Information (“NPI”) of Account Debtors
An Account Debtor’s NPI is subject to special protection under federal law and, in some instances, state law.
Account Debtors are not customers or consumers of RMSC and thus RMSC will not provide to the Account Debtors any privacy notices that federal or state law might require to be provided by the clients to the Account Debtor. It is the client’s responsibility to provide all required privacy notices to Account Debtors and, if applicable, to reflect in those privacy notices that the client may disclose an Account Debtor’s NPI to RMSC in the course of receiving bankruptcy-related services from RMSC.
Categories of NPI that We May Collect
In connection with the provision of bankruptcy-related services to clients, RMSC gathers information, pertinent to its provision of bankruptcy related services, on the clients’ Account Debtors, either directly from the client or from other sources including but not limited to US Bankruptcy Court filings, credit bureaus or the Account Debtors;
Categories of NPI That we Disclose And To Whom We Make Disclosures
RMSC may disclose the name, address, social security number, account number, account balance, payment history, account usage (for a credit card account, for example), credit history and creditworthiness of an Account Debtor, and any other NPI in its possession relating to that Account Debtor, to the client with whom RMSC has contracted to provide bankruptcy-related services concerning that Account Debtor, to the Bankruptcy Court, to the Account Debtor, and to any other person who may have a need to know such information in order for RMSC provide bankruptcy-related services to its client, or as otherwise required by applicable law. RMSC will not sell, rent, or lease Account Debtor NPI to others.
A cookie is a small data file that certain websites write to a person’s computer hard drive when the person visits the website. A cookie can contain information such as a user ID that the site uses to track the pages visited, but the only personal information a cookie can contain is information supplied by the visitor to the website. The website cannot read other data from hard drives, including cookie files created by other websites.
RMSC restricts access to NPI concerning Account Debtors to those employees and consultants who need to know that information in order for RMSC to be able to provide bankruptcy-related services to its clients. RMSC has implemented safeguards designed to:
(1) insure the security and confidentiality of NPI;
(2) protect against any anticipated threats or hazards to the security or integrity of such information;
(3) protect against unauthorized access to or use of information that could result in substantial harm or inconvenience to any customer; and
(4) properly dispose of such information and protect against unauthorized access to or use of it in connection with its disposal.
RMSC uses a variety of security measures to protect against unauthorized access, use or disclosure of information, including the use of Secure Socket Layer (SSL) encryption when it transmits Confidential Information, including NPI, over the Internet.
Amendment of This Policy
Applicability of this Policy
Third Party Web Sites
For Further Information
Financial Controller at Recovery Management Systems Corporation
25 S.E. 2nd Avenue, Suite 1120
Miami, FL 33131
or by sending a facsimile to RMSC at 305.374.8113
or by sending an e-mail to RameshS@recoverycorp.com
Policy Effective March, 2006.