D & A Services, ONLINE ACCOUNT PAYMENT SERVICE TERMS AND CONDITIONS

These terms and conditions are designed to provide you with information regarding our Online Payment Service (the "service") and outline important conditions which apply to the use of this service. This service is provided by D & A Services. The service is subject to certain consumer bank regulatory protections described in the Electronic Fund Transfers Act and regulations issued by the Federal Reserve Board. When you initiate an online payment with D & A Services, you and any person you authorize to perform functions on your account agree to these Terms and Conditions without limitation or qualification. Please read these Terms and Conditions carefully in their entirety. We also suggest that you print a copy of these Terms and Conditions for your records.

1. Services Offered.

D & A Services's Online Payment Service allows you to authorize D & A Services to initiate Automated Clearing House (ACH) debit transaction(s) from your bank account to pay towards your account balance currently held by D & A Services. The Service is only accessible using your reference number and other required information. You agree not to provide your personal information to anyone not authorized to sign on to your account and make payments on your behalf.

2. Payments.

Any payments made through this website are considered voluntary. By processing a payment for less than the full balance owed, we are not agreeing to a payment arrangement unless confirmed by our office. Payments made shall be applied to the balance of your account unless other arrangements have been confirmed by our office. Making a payment via this website will not suspend further collection activity unless confirmed by our office. All payments made via this website are final.

2. Erroneous Instructions.

We will use all reasonable efforts to process your payments properly using the information you provide. Our system is designed to alert you throughout the use of the service should errors occur. However, if we receive a payment instruction authorized by you (or an authorized user) and the instruction is erroneous in any way, we shall not be liable for the error.

3. Transaction Limitations.

Be advised that some bank accounts have limits on the numbers or amounts of transfers or withdrawals that may be made within a given time period. Your financial institution may refuse transactions that exceed these limits. We recommend you check with your financial institution to determine what limitations may apply to your account. Be advised that online payments will only be accepted from U.S. bank accounts and we will not be able to process requests to international bank accounts. If we are not able to debit the amount required to cover an authorized payment from your account, we will not be able to make the payment you have authorized, and will not be held liable for any costs, damages, etc., caused by the failure to make the payment. We have no obligation to try to debit an account for a specific payment more than once.

4. Cutoff Hours.

If we receive payment authorizations from you on or before 3:00 p.m. Central Standard Time on a business day, we will attempt to debit the funds from your account on that business day. Otherwise, the funds will be debited from your account on the next business day. Once the ACH authorization is given, we cannot stop the debit from your account.

5. Fees.

Your financial institution may impose fees in connection with your use of this service or otherwise. Said fees are not charged by or associated with D & A Services, and D & A Services will not be held responsible for the imposition of any such fees.

6. Electronic Disclosures.

We are required to provide you with certain disclosures and notices which are mandated by various laws and rules. You consent to receive all such disclosures electronically. All such disclosures will be provided to you either electronically or via U.S. Mail, as mandated by law and the policies and procedures of D & A Services.

7. Privacy Policy.

Information collected through this site is only for purposes directly associated with making a payment on your account. Such information may include: name, address, phone number and email address. By using this website, you acknowledge that this information will be provided to the current creditor of your account. Your information is for internal use only and will not be sold or provided to any other third party for marketing or any other purpose.

8. Your Liability.

You agree to review and verify all transactions either through our service at the time of entry or through the monthly statements received from your financial institution holding the account used in the ACH debit transaction. You agree to notify us IMMEDIATELY if you believe that there has been an unauthorized access to this service. You must contact us by telephone IMMEDIATELY if you believe any of the above to have occurred.

10. Errors or Questions Regarding Transactions.

ALL QUESTIONS ABOUT TRANSACTIONS USING THE SERVICE MUST BE MADE DIRECTLY TO D & A Services AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE THE ACCOUNT MAY BE LOCATED. We are responsible for the service and for resolving any errors in transactions made using the service. There are two ways to contact us if you believe there has been an error or unauthorized transaction, telephone D & A Services at (877) 314-4308, or write to

D & A Services, Accounting Department
1400 E. Touhy Ave. Suite G2
Des Plaines, IL 60018

If you have any questions about a transaction initiated using our service, call or write us at the number and address listed above.

11. Change in Terms.

These terms and conditions may change over time. We will post any changes on the service and will send you any legally required notice. Prior notice may not be given, however, where an immediate change is necessary for security purposes.

12. TCPA Notice.

You agree to give us consent to dial any phone numbers we have on record, including all cell phone numbers associated with your account through our automated dialer.

13. Limitations.

You agree that neither we nor any party involved in creating or delivering this service is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of this service. We assume no responsibility for and will not be liable for any damages to or any viruses which may affect your computer equipment or other property on account of your access to, use of or downloading from our web site or use of our service.

14. No Waiver.

Failure to enforce any of our rights under these terms and conditions, our internal Policies or applicable laws, shall not be deemed to constitute a waiver of such right or any other rights under these terms and conditions or under the law.

15. Severability.

If any provision of these documents is found by a court to be invalid, then the remaining terms and conditions shall remain in full force and effect.

STATE & FEDERAL DISCLOSURES

This communication is from a debt collector attempting to collect this debt for the current creditor and any information obtained will be used for that purpose.

Important State Consumer Disclosures: The disclosure(s) contained under each respective State/City only apply to you, the Consumer, if you reside in that respective State/City.

California Residents Only

The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. You may request records showing the following: (1) that Current Owner has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees; (3) the date of default or the date of the last payment; (4) the name of the charge-off creditor and the account number associated with the debt; (5) the name and last known address of the debtor as it appeared in the charge-off creditor's or debt buyer's records prior to the sale of the debt, as appropriate; and (6) the names of all persons or entities that have purchased the debt. You may also request from us a copy of the contract or other document evidencing your agreement to the debt.

Colorado Residents Only

A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt.

FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE HTTPS://COAG.GOV/OFFICE-SECTIONS/CONSUMER-PROTECTION/CONSUMER-CREDIT-UNIT/COLLECTION-AGENCY-REGULATION/ .

Our local office and Resident Manager information is as follows: 7200 S. Alton Way, Suite B180, Centennial, CO 80112 (303) 768-0200

Massachusetts Residents Only

NOTICE OF IMPORTANT RIGHTS: YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE VALID FOR ONLY TEN DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE DEBT COLLECTOR.

Minnesota Residents Only

This collection agency is licensed by the Minnesota Department of Commerce.

New York Residents Only

(1) That debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to:

(i) the use or threat of violence;

(ii) the use of obscene or profane language; and

(iii) repeated phone calls made with the intent to annoy, abuse, or harass.

(2) If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt:

1. Supplemental security income, (SSI);

2. Social security;

3. Public assistance (welfare);

4. Spousal support, maintenance (alimony) or child support;

5. Unemployment benefits;

6. Disability benefits;

7. Workers’ compensation benefits;

8. Public or private pensions;

9. Veterans’ benefits;

10. Federal student loans, federal student grants, and federal work study funds; and

11. Ninety percent of your wages or salary earned in the last sixty days.

New York City Residents Only

New York City Department of Consumer Affairs License Numbers: 2024361-DCA, 2024421-DCA, 2092157-DCA.

Please contact us to confirm your preferred language for future communications. All communications are in English with the following exception: Spanish-speaking agents are available by phone upon request and other telephone translations may be available through Certified Languages International (a third party service provider), if permitted by your creditor. Written communications may be available in Spanish upon request. A translation and description of commonly-used debt collection terms is available in multiple languages at www.nyc.gov/dca.

North Carolina Residents Only

NC Permit 112866; 1400 E Touhy Ave., Ste G2, Des Plaines, IL 60018
NC Permit 112910; 11111 Wilcrest Green, Suite 225, Houston, TX 77042
NC Permit 114143; 570 Carillon Parkway, Ste 103, St. Petersburg, FL 33716

Tennessee Residents Only

This collection agency is licensed by the Collection Service Board of State Department of Commerce and Insurance.

State Index Page

• California residents: Privacy Policy Notice (click here)

CALIFORNIA RESIDENTS: PRIVACY POLICY NOTICE

This Privacy Policy Notice is intended for California residents pursuant to the California Consumer Privacy Act of 2018 ("CCPA"), and supplements the information contained in the above Privacy Policy.  Any terms defined in the CCPA and applicable California Attorney General regulations have the same meaning as used in this Privacy Policy Notice.

1. Information We Collect About You

We may collect and use personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be directly or indirectly linked, with a consumer, device, or household ("personal information"). Personal Information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, such as (but not limited to) information governed by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the California Confidentiality of Medical Information Act ("CMIA"), the Fair Credit Reporting Act ("FCRA"), the Gramm-Leach-Bliley Act ("GLBA"), California Financial Information Privacy Act ("FIPA"), and the Driver's Privacy Protection Act of 1994 ("DPPA").

We regularly collect (and have collected in the past 12 months) several types of personal information about individuals offline regarding accounts we service, including: name, DOB, address, gender, account number, payment and other financial information, email address, insurance information, SSN, employment information, telephone number, IP address, military or veteran status, audio information, username, publicly available information, and information collected or shared pursuant to HIPAA, FIPA, GLBA, FCRA, DPPA, and/or other applicable privacy laws. We also may collect additional categories of personal information users provide directly to us or our service providers.

2. How Your Personal Information is Collected

We collect most of this personal information from sellers of accounts receivable or from you or your authorized representative by telephone or written communications.  However, we may also collect information:

• From publicly accessible sources (e.g., property or other government records);
• From our service providers (e.g., call analytics, information source, skip-tracing, payment processing, mailing, and other vendors)

3. Why We Use or Disclose Your Personal Information

We regularly use or disclose personal information for one or more of the following business purposes:

• Fulfill the reason you provided the information. For example, if you share your personal information to make a payment, we will use that information to process your payment.
• Perform services on behalf of a business or service provider, including maintaining or servicing accounts, providing customer service, processing transactions, verifying customer information, processing payments, providing analytic services, or providing similar services on behalf of the business or service provider
• Provide you with information or services that you request from us
• Auditing related to consumer interactions
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
• Debugging to identify and repair errors that impair existing intended functionality
• Short-term, transient use, where the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer's experience outside the current interaction
• Undertaking activities to verify or maintain the quality of a service or device that is owned, made by or for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, made by or for, or controlled by us
• Respond to law enforcement requests and as required by applicable law or court order
• As appropriate to protect the rights, property, or safety of us, our clients, or others
• 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 purposes without providing you notice. We regularly disclose (and have disclosed in the past 12 months) several types of personal information about individuals for one or more business purposes, including: name, DOB, address, gender, account number, previous payment and other financial information, email address, insurance information, SSN, employment information, telephone number, IP address, military or veteran status, audio information, username, and information collected or shared pursuant to HIPAA, FIPA, GLBA, FCRA, DPPA, and/or other applicable privacy laws. We have not sold your personal information over the last 12 months and will not sell your personal information under the CCPA.

4. Verifiable Consumer Requests for Information

Upon verification of identity, California residents may in some cases request that a business:

• Disclose the categories of personal information the business collected about the consumer;
• Disclose the categories of sources from which the personal information is collected
• Disclose the categories of personal information that the business sold about the consumer;
• Disclose the categories of personal information that the business disclosed about the consumer for a business purpose;
• Disclose the categories of third parties with whom the business shares personal information
• Disclose specific pieces of personal information the business has collected about the consumer
• Disclose any financial incentives offered by the business for collection, sale, or deletion of personal information

A business may charge a different price or rate, or provide a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to you by your personal information. For applicable personal information access and 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 may deny your information request if we are acting in the role of a service provider to another business regarding the applicable personal information. If we deny your request on that basis, we will generally refer you to the relevant business.
Please note that we are not required to:

• Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
• Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information;
• Provide the requested information disclosure to you more than twice in a 12-month period.
• Provide the requested information disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person's behalf; or
• Provide the requested information disclosure if a CCPA or applicable exception applies.

5. Right to Request Deletion of Personal Information

Upon verification of identity, California residents may in some cases request that we delete personal information about you that we collected from you and retained, subject to certain exceptions. We may deny your deletion request if we are acting in the role of a service provider to another business regarding the applicable personal information. If we deny your request on that basis, we will generally refer you to the relevant business. In addition, we may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act.
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent.
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
• Comply with a legal obligation.
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information; or
• If another CCPA or applicable exception applies.

California residents may obtain more information about verifiable requests pursuant to the CCPA by contacting us via webform at https://dnasllc.com/contact-us/, or 1-877-314-4308.

6. Verifying Your Identity If You Submit CCPA Requests

If you choose to contact us directly via the designated methods described above to exercise your CCPA rights, you will need to:

• Provide enough information to reasonably identify you [(e.g., your full name, account number if applicable, and potentially other identifying information]; and
• Describe your request with sufficient detail to allow us to properly process and respond to your request.

We are not obligated to make an information disclosure or carry out a deletion request pursuant to the CCPA if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person's behalf. Any personal information we collect from you in order to verify your identity in connection with your CCPA request will be used solely for the purposes of verification.

Last modified: December 13, 2019