What is the CCPA?
The California Consumer Privacy Act (CCPA) applies to certain businesses that collect personal information of California Residents. This Act also applies to certain parent companies and subsidiaries of those businesses and to service providers and contractors that process personal information on behalf of those businesses and whom the personal information is discloses. The CCPA was amended by the California Privacy Rights Act (CPRA). The CCPA applies to Servbank effective January 1, 2024.
Who is covered under the CCPA?
The CCPA gives certain rights to “consumers.” Under the Act, a consumer is a natural person who is a California resident. That includes every individual who is in California for other than a temporary or transitory purpose, and every individual who is domiciled in California who is outside the State for a temporary or transitory purpose. All other individuals are nonresidents.
For Servbank purposes, any consumer, including depositors, borrowers, applicants, or consumer who otherwise transacts with Servbank, who resides in the state of California or has a property address in the state of California is considered covered by the CCPA.
Note: A consumer must be a natural person, as opposed to a corporation or other business entity, which do not have similar rights under the CCPA.
What rights does a California consumer have under the CCPA?
California consumers have the right to request that a business that collects a consumer’s personal information disclose to that consumer the categories and specific pieces of personal information the business has collected.
California consumers also have the right to request that a business delete or correct any personal information about the consumer which the business has collected from the consumer, subject to certain exceptions.
California consumers 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 the 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, and (3) the categories of personal information that the business disclosed about the consumer for a business purpose. If a business sells the consumer’s personal information to third parties, the consumer has the right to direct the business not to sell the consumer’s personal information.
California consumers also have the right to equal service and price, regardless of whether they exercise their rights under the CCPA. A business may not discriminate against a consumer because the consumer exercises any of its rights under the CCPA.
What is considered personal information under the CCPA?
Personal information includes, but is not limited to, the following:
Personal information does not include publicly available information.
What information can I request from Servbank?
If you’re a California consumer, you have the right to request that Servbank disclose the following for the specified period of time:
Most of this information can be found on our Privacy Policy webpage, which includes a link to both our Federal Privacy Notice and our California Important Privacy Choices for Consumers Notice.
Do I have the right to request deletion of my information?
Yes, if you are a California consumer you are free to request Servbank delete or correct your personal information, but we may not be required to. Read on below to understand why.
Under the CCPA, a business that receives a verifiable request from a consumer to delete or correct the consumer’s personal information must delete or correct the consumer’s personal information from its records and direct any service providers to delete or correct the consumer’s personal information from their records.
However, the business or service provider are not required to comply with a deletion request if one of the following exceptions applies:
It’s also important to know that the CCPA doesn’t apply to personal information collected, processed, sold, or disclosed pursuant to the Fair Credit Reporting Act (FCRA) as well as the Gramm-Leach-Bliley Act (GLBA)and its implementing regulations, to the extent it conflicts with that law. If Servbank has collected your personal information as part of a mortgage transaction, the majority of the personal information collected has been collected, processed, sold, or disclosed pursuant to the FCRA and/or GLBA.
If Servbank has collected your personal information as part of a mortgage transaction, it is also likely subject to retention for legal obligations, including Home Mortgage Disclosure Act (HMDA) reporting and federal and state record retention obligations under the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA) and other state specific laws and regulations. If Servbank is your loan servicer, we also likely require the retention of your personal information in order to continue servicing your loan under federal, state, and agency/investor requirements.
Can I request a copy of what you’ve collected or shared?
In some cases, yes. The CCPA refers to this as your “Right to Know”. The CCPA does not apply to most of the information that Servbank collects or shares as a financial institution. Any information that does not fall under the CCPA will not be included in a Right to Know response. Servbank will provide any applicable information that is not exempt.
How do I make a verifiable consumer request?
First, before Servbank is required to provide any information to you, we must receive a verifiable consumer request. This will help us determine that you are who you say you are before we release any potential personal information to you, and will also help us determine if you are covered under the CCPA.
To make a verifiable request, you may:
What must I include in my request?
In order to process your request, you will need to provide sufficient information to us so that we may verify your identity. This may include your full name, property address and/or mailing address, email address, account number, or other unique identifying information. For requests to know, delete, or correct, we will not be able to process your request until we are able to authenticate you. However, to the extent that we can comply with a request to opt-out of sale/sharing without additional information, we will make every effort to do so. We’ll also need you to tell us exactly which rights under the CCPA you would like to exercise. Finally, we’ll need you to tell us how to contact you, and how you would like to receive a response back (by encrypted email or by U.S. mail).
Note: If you make a request for Servbank to delete your data, you may be required to separately confirm that you want your personal information deleted or corrected before your request will be processed.
What happens after I submit a request?
After we receive your request and verify your identity, we will deliver the requested information in writing within 45 days. If necessary, Servbank can extend this timeframe for an additional 45 days, provided we give you notice within the first 45-days. Based on our rock solid service, we don’t anticipate this will happen, except in extenuating circumstances.
If the Bank cannot verify the consumer within the 45-day period, it may deny the request. In these cases, the Bank must notify the requestor that their identity cannot be verified.
Note: Servbank is not required to provide personal information to a consumer more than twice in a 12-month period.
What information does Servbank collect and what is its business purpose?
Category | Examples | Business Purpose |
Identifiers | Legal name, postal address, IP address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers | Providing financing and deposit operations; Loan servicing; Providing customer service; Maintaining and authenticating accounts; Protecting against fraud; Delivery of notices |
Characteristics of protected classifications | Date of birth, age, gender, military or veteran status, marital status, nationality, citizenship, etc. | Providing financing and deposit operations; Loan servicing; Legal compliance with our obligations under law |
Commercial Information | Records of personal property, products or services purchased or considered | Providing financing and deposit operations; Loan servicing; Providing customer service; Delivery of notices |
Internet Activity | Interactions with our website, borrower portal, mobile app, and/or advertisements | Providing financing and deposit operations; Loan servicing; Providing online services; Capturing electronic consent; Detecting security incidents or fraud; debugging our website and/or mobile application; performing marketing and advertising |
Geolocation Data | IP address, Geofencing data- location information | Capturing electronic consent; Detecting security incidents or fraud; debugging our website and/or mobile application |
Sensory Information | Recorded phone calls | Providing financing and deposit operations; Loan servicing; Legal and regulatory recordkeeping obligations; Auditing and quality control |
Professional or employment-related Information | Current employer, employment history, salary information | Providing financing and deposit operations; Loan servicing |
Education Information | Educational institutions and time enrolled | Providing financing and deposit operations; Loan servicing |
Inferences drawn from Personal Information | Information about your consumer preferences | Providing financing and deposit operations; Loan servicing; Providing customer service; marketing and advertising |
Sensitive Personal Information | Social security number, driver’s license number, passport number; account log in, financial account, debit or credit card number in combination with any required security or access code, password or credentials allowing access | Providing financing and deposit operations; Loan servicing; Providing customer service; Maintaining and authenticating accounts; Protecting against fraud; Legal and regulatory recordkeeping obligations |
What sources does Servbank use to collect information?
We obtain the categories of personal information listed above from the following categories of sources:
Do Not Sell My Personal Information. What is this and what does it mean?
Under the CCPA, a California consumer shall have the right, at any time, to direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information. This right is referred to as the right to opt out. Servbank may sell limited information about its consumers, including basic contact information, date of birth, residence purpose and type, loan balance and monthly mortgage payment, and insurance policy details, where allowable, for a valid business purpose. We may sell such information to insurance companies and/or loan refinance companies. This is disclosed in our Federal Privacy Notice, which we sent you at the beginning of our relationship, and which we continue to send you annually. If you’d like to reference it, a copy is always available on our .
If you’d like to opt out, you may do so by:
To ensure you are fully opted out of any potential sale of information, you’ll want to opt out of both the “For joint marketing with other financial companies” and the “For non-affiliates to market to you” categories.
Please note that Servbank, nor any business, can discriminate against you for exercising your rights under the CCPA. You should not receive higher pricing or lower levels of service merely because you asked that your information be deleted or corrected, and/or submitted a Right to Know request.
Children’s Privacy
Servbank does not knowingly collect or sell personal information of consumers under 16 years of age.
If you are acting as an authorized agent and wish to make a request under the CCPA on a California consumer’s behalf, there will need to be a proper third party authorization from the California consumer so included with the request or in the consumer’s file. You can obtain authorization by having the Servbank customer fill out our Third Party Authorization (TPA) form, which you can download here.
If you have a disability and need assistance accessing our California Important Privacy Choices for Consumers Notice, you may do so in the following manner: (1) access the notice online using the link provided on our Privacy Policy webpage, or (2) contact our Customer Care Center toll-free at 866-867-0330 to request a paper copy of the notice. Note: All California consumers will receive a copy of the notice with their Welcome Package provided prior to the initiation of loan servicing.
For more information on our accessibility options, including screen reader compatibility, tabbed browsing, and use of the Telecommunications Relay Service, visit our Accessibility page.
Contact us
If you have questions or concerns regarding our privacy policies and practices, you can contact us at
Servbank
ATTN: Customer Care, Opt Out
3138 E. Elwood Street,
Phoenix, AZ 85034
Or
Call us at (866) 867-0330
Hours: Monday – Friday 8:00 am – 9:00 pm ET and Saturday 8:00 am – 12:00 pm ET
Please note that Servbank, nor any business, can discriminate against you for exercising your rights under the CCPA. You should not receive higher pricing or lower levels of service merely because you asked that your information be deleted or corrected, and/or submitted a Right to Know request.
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