Effective Date: January 1, 2020
Last Reviewed on: December 16, 2019

CNH INDUSTRIAL CAPITAL PRIVACY POLICY 

1. A. PRIVACY NOTICE AT COLLECTION FOR CALIFORNIA RESIDENTS

This notice (the "Notice"), along with our Privacy Policy below, apply solely to residents in the State of California ("consumers" or "you"). This Notice explains how information you may provide to CNH Industrial Capital America LLC (the "Company") will be handled in compliance with the California Consumer Privacy Act of 2018 ("CCPA"). Any terms defined in the CCPA have the same meaning when used in this Notice or our Privacy Policy.

1.  PERSONAL INFORMATION WE MAY COLLECT
We may collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household ("personal information"). Specifically, we may collect one or more of the following categories of personal information from our customers for the business purposes associated with applications for credit offered by the Company:

Category	Types of Information	Business Purpose
A. Identifiers.	A real name, alias, postal address, unique personal identifier, Internet Protocol address, email address, Social Security number, driver's license number or other similar identifiers.	We will use your personal information to process your application for credit and for other business purposes, such as: (i) create and maintain an account you open with us; (ii) provide you billing notices and similar reminders; (iii) process payments should you purchase a product or service; (iv) protect our interests in the account (e.g. collection activity, maintaining updated credit quality information, monitoring any disputes or legal proceedings) and secure our interest in any equipment we finance for you; (v) train our employees to ensure the quality of services we provide to you and other customers; (vi) send you commercial communications, newsletters and advertising information about our products and services or for the purpose of market research, or share your information with affiliated companies and authorized CNH dealers who may, in turn, process your information for the purpose of sending you commercial and advertising communications relating to CNH-branded products and services; (vii) raise capital through the securitization of your account or other financing activities; (viii) respond to law enforcement requests and as required by applicable law, court order, or governmental regulations or comply with any other applicable federal and state law; or (ix) such other reasonable business purpose permitted by law.
B. Personal information categories listed in the California Customer Records statute.	A name, signature, Social Security number, address, telephone number, driver's license or state identification card number, insurance policy number for physical damage provider, employment, bank account number, credit card number, debit card number, or any other financial information.	​
C. Protected classification characteristics under California or federal law.	Date of birth.	​
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories with our Company.	​
G. Geolocation data.	Physical location or movements or goods purchased.	​
H. Sensory data.	Audio voice recordings.	​
I. Professional or employment-related information.	Current occupation.	​
K. Inferences drawn from other personal information.	Calculated probability of payment based on credit history and as reported by the credit reporting agencies.	​

For additional information regarding the Company's Privacy Policy, please refer to Section B below.

1. B. PRIVACY POLICY FOR CALFIORNIA RESIDENTS

This Privacy Policy supplements the Notice set forth in Section A and explains how personal information you provide and that is collected by the Company will be handled in compliance with the CCPA.

1. PERSONAL INFORMATION WE HAVE COLLECTED OVER THE PAST 12 MONTHS
We have collected the categories of personal information as reflected in the above Notice within the last 12 months.

The Company obtains the personal information listed above from the following categories of sources: directly from you (e.g., from the credit application you fill out at the dealership) and credit reporting agencies.

Personal information does not include publicly available information from government records, deidentified or aggregated consumer information or personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (CFIPA), and the Driver's Privacy Protection Act of 1994 (DPPA).

1. 2. FOR WHAT PURPOSES WE USE PERSONAL INFORMATION

We may use or disclose the personal information we collect for one or more of the following business or commercial purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact, and other financial information, we will use that personal information to process your application for credit. Similarly, if you provide your personal information to purchase a product or service, we will use that information to process your payment. We may also save your information to facilitate new requests for credit or purchases, among other things;
• Create, maintain, and secure the account you created with us (e.g. post your payments, respond to your requests, provide you billing notices and similar reminders);
• Secure our interest in the equipment financed or leased with us by filing a statement in compliance with the Uniform Commercial Code;
• Update your credit report with accurate information related to your performance in repaying the account;
• Protect our interests in the account (e.g. collection activity, maintaining updated credit quality information, monitoring any disputes or legal proceedings);
• Train our employees and ensure the quality of services we provide to you and other customers;
• Raise capital through the securitization of your account or other financing activities;
• Send you commercial communications, newsletters and advertising information about our products and services or for the purpose of market research. All these activities may be carried out in paper form or by automated or electronic means (e.g. mail, e-mail, telephone, automated telephone calls, text message fax, websites, mobile apps) – "Marketing";
• Share your information with affiliated companies and authorized CNH Dealers who may, in turn, process your information for the purpose of sending you commercial and advertising communications relating to CNH-branded products and services or for the purpose of carrying out market research – "Third Party Marketing";
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
• Comply with applicable federal and state laws including the USA Patriot Act and other anti-money laundering / anti-terrorism regulations among other applicable law or regulation as the case may be;
• Evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about you is among the assets transferred; or
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

1. 3. WITH WHOM WE SHARE OR SELL YOUR PERSONAL INFORMATION

The Company does not sell your personal information and has not sold your personal information in the preceding 12 months.

We are part of the CNH Industrial Group, a global leader in the capital goods sector. In the preceding 12 months, the Company has disclosed the following categories of personal information — Identifiers; Personal information categories listed in the California Customer Records statute; Protected classification characteristics under California or federal law; Commercial information; and Geolocation data —  with our subsidiaries and affiliates of the CNH Industrial Group, service providers, authorized CNH dealers and distributors or business partners for a business purpose listed above. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

4. YOUR RIGHTS REGARDING YOUR PRESONAL INFORMATION

The CCPA provides you with specific rights regarding your personal information. This section describes your CCPA rights and explains how to exercise those rights:  

1. a. Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from out records and direct our service providers, if applicable, to delete your personal information from their records, unless an exception below applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
   

1. b. Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

4. 
   c. Exercising Your Rights

You may exercise the above-mentioned rights by submitting a verifiable consumer request to us by:

• Filling the online form you can find here (http://www.cnhindustrial.com/en-us/footer/Pages/DSR.aspx);

• Writing an email to privacy-compliance@cnhind.com; or
• Calling us at 1-800-501-5711 between the hours of 6:30 a.m. – 6:00 p.m., Monday thru Thursday, 6:30 a.m. – 5:00 p.m., Friday (all times Central).

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf (an "Authorized Agent"), may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. The Company is not obligated to provide information to you in response to your request for access or data portability more than twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an Authorized Agent.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We are unable to fulfill your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. With few exceptions, we will only review and fulfill a request from your Authorized Agent if (a) you grant the Authorized Agent written permission to make a request on your behalf, (b) you or the Authorized Agent provides us notice of that written permission, and (c) we are able to verify your and the Authorized Agent's identity in connection with that notice and the request. We reserve the right to request documentation showing an Authorized Agent has the proper authority to act on your behalf. We may deny a request from an Authorized Agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

1. d. Verifying Your Identity

Before responding to a request, we will verify that the request came from you by comparing the identifying information provided by you in your request with any personal information we maintain about you at that time. To protect the privacy and security of your personal information, we may request additional information from you to help us verify your identity and process your request. We may also contact you to ask you for further information in relation to your request to speed up our response.

1. 5. RESPONSE TIMING AND FORMAT

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

1. 6. NON-DISCRIMINATION

We will not discriminate against you for exercising any of your rights. Unless permitted by applicable laws, we will not: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; and (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives that are permitted and may result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

1. 7. UPDATES TO THIS PRIVACY POLICY

This Privacy Policy was updated on December 31, 2019. We reserve the right to amend or update the Privacy Policy from time to time to reflect changing legal requirements or our processing activities. When we make changes to this Policy, we will post the updated notice on our website (https://cnhindustrialcapital.com/ccpa) and update the Privacy Policy's effective date. 

1. 8. CONTACT INFORMATION

If you have any questions or comments about this Privacy Policy, the ways in which the Company collects and uses your information described, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 1-800-501-5711
Website: https://cnhindustrialcapital.com/ccpa
Email: privacy-compliance@cnhind.com
Mailing Address:
CNH Industrial Capital America LLC
Attn: Compliance Department
500 Diller Ave
New Holland, PA 17557