Privacy Policy

At Cactus Credit Inc. (“Cactus Credit”) and Cactus Debt Relief Inc. (“Cactus Debt”) (collectively, Cactus Credit and Cactus Debt are “Cactus”), we are committed to protecting your Personal Information and complying with applicable data protection and privacy laws. This Privacy Policy governs use of Personal Information by Cactus, whether such information is collected via our websites cactuscredit.com and Cactuscredit.com/debtrelief  (“Websites”) or otherwise, including through our products and services, including audit services, credit restoration services and debt counselling services (collectively, the “Products and Services”).

This Privacy Policy is designed to help you understand the types of information we obtain from you and how we use, disclose and protect that information. In this Privacy Policy, the terms “we”, “our” and “us” refers to Cactus, their subsidiaries and affiliates and the terms “you”, “User”, and “your” refer to a visitor of the Website or a User of our Products or Services.

By submitting Personal Information to us or by otherwise using any of our Products, our Services or our Website, you acknowledge and agree that your Personal Information may be used and disclosed by us in accordance with this Privacy Policy. 

In this Privacy Policy, “Personal Information” means information about an identifiable individual, such as your name, address, date of birth, contact information (including home telephone number and personal e-mail address), employment status, income, transactions with creditors, payment histories, information relating to credit and bank accounts, and other information from credit reports or credit reporting agencies.  Please note that not all information that you share with us is considered Personal Information: for example, business contact information is not considered Personal Information.

By submitting Personal Information to us or by otherwise using any of our Products, our Services or our Website, you hereby consent to the collection, use and disclosure of your Personal Information
in accordance with this Privacy Policy.

If you do not agree with some or all of this Privacy Policy, please do not use the Website or our Products or Services.

Further, if you are not of the age of majority in your place of residence, please do not use the Website or our Products or Services.

We recommend that you take the time to read this Privacy Policy so that you understand how we handle Personal Information. We may update or modify this Privacy Policy at any time by posting the revised Privacy Policy to the Website and, if you use our Website or our Products or Services following the posting of a revised Privacy Policy, you have consented to the revised Privacy Policy. We will include a “last revised” date on the Privacy Policy as displayed on the Website. We strongly encourage you to refer back to the Privacy Policy periodically.

1.              How we Collect and use Personal Information

We collect Personal Information from you for specific and limited purposes, including to provide our Products and Services to you, where you consent to the collection, in order to meet our contractual commitments to you and to comply with our legal obligations. 

When collecting Personal Information from you, we will identify the purpose for collecting your Personal Information at the time we request it and will not use or disclose your Personal Information other than for the purpose for which it was collected, without your prior consent or as otherwise permitted by applicable data protection and privacy laws.  We endeavor to collect the minimum amount of Personal Information required to fulfil the purpose for which it was collected.

If you choose to obtain Products or Services, you will need to provide us with Personal Information, including your name, email address and other information about you.  If you chose to withhold any Personal Information requested by us or withdraw your consent, it may not be possible for us to provide the Services to you or respond to your query.

We collect and use your Personal Information (or other information) in a variety of ways, including for the following purposes:

·           Information that you Provide:  Your Personal Information may be collected and used by Cactus to provide Products and Services to you, via our Website, our Products and Services, or otherwise.  Specifically, we may use your Personal Information as follows:

o      to facilitate your relationship with us by processing your applications for Products or Services, addressing your requests and processing payments;

o      to create and manage your account with us and to correspond with you regarding such account;

o      to carry out our Services;

o      to share information about Cactus, the Website, our Products and our Services with you;

o      to communicate with you regarding inquiries for information or customer service requests or employment opportunities;

o      to detect, prevent or investigate security breaches or fraud, to protect our business and to maintain appropriate records for internal administrative purposes, including analyzing and monitoring usage of our Products and Services and updating, improving, testing and protecting those Products and Services; and

·           Automated Collection:  Similar to other online service providers, we automatically record information when you interact with and use our Products and Services.  This information may include your IP address, information about your Internet browser and settings, the date and time you used the Products and Services.  When you use our Products and Services, we collect information about the device you use to access them.  The information we collect will depend on your device settings, but generally includes device type, settings and operating system and unique device identifiers.  When you use our Products and Services, we may collect information about your geographic location.  Note that much of this information is not considered Personal Information, under applicable laws.  Accordingly, we will comply with our legal obligations regarding such information.

·           Credit and Consumer Reporting Agencies:  When you apply for or use certain Products or Services (such as our credit restoration services), Cactus Credit may obtain information from consumer reporting agencies and other sources, such as your credit bureau reports, collection agency reports or other communications, and other information relating to your payment histories, creditworthiness, annual income, or the ability to satisfy your obligations.

Wherever you have given us your consent to use your Personal Information, you may withdraw your consent at any time by contacting us at privacy@cactuscredit.com. You may no longer be able to access some or all of our Website, Products or Services if you withdraw your consent.

2.              Our Disclosure of Personal Information

Cactus may disclose your Personal Information with your express consent, for debt collection purposes, for loss or fraud prevention purposes or for Cactus’s other legitimate interests. Cactus may further disclose Personal Information if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so. We will use reasonable efforts to ensure that require that any third party to whom Personal Information is disclosed provides a comparable level of protection for your Personal Information, as provided in this Privacy Policy.

We also share some of your Personal Information with third parties or our affiliates, including: 

·           if you are referred by a broker/loan officer, dealership, realtor or other third party to Cactus Credit, Cactus Credit may share your Personal Information with such parties, including where you request a referral to such parties;

·           Cactus Credit may disclose your Personal Information as required to complete the Services, including to your creditors, credit card companies, collection agencies, banks and other entities and individuals as required to complete the Services;

·           Cactus Debt will share your Personal Information with a Licensed Insolvency Trustee (“LIT”) if you decide to enter into a formal proposal:  the LIT will, in turn, use your Personal Information to initiate protection under the insolvency legislation;

·           Cactus Debt will share your Personal Information with a third party evaluator if an independent evaluation of your assets is required and you agree to the third party evaluation;

·           Cactus Debt and Cactus Credit may share your Personal Information with related companies (including each other) where you request services that such related companies provide (for example, if you are working with Cactus Debt and request credit restoration services, Cactus Debt will share your Personal Information with Cactus Credit);

·           we may disclose your Personal Information to third party service providers for fraud prevention, payment processing or law enforcement; and

·           we may send information to third party service providers that help us to operate our Products and Services including Website hosting, data analysis, event logging, information technology, customer service, User analytics and email delivery and messaging.

Additionally, Cactus reserves the right to disclose and to transfer Personal Information to a third party in the event of a proposed or actual purchase, sale, merger, amalgamation, or any other type of acquisition, disposition, or financing of all or any portion of Cactus or any of the assets or shares of Cactus, provided that the third party represents that it will continue to use the information for the purposes set out in this Privacy Policy and in accordance with applicable privacy laws. Cactus also reserves the right to aggregate and anonymize Personal Information (or other information) stored on its system and use such aggregated and anonymized Personal Information (or other information) as it sees fit.

3.              Retention of Personal Information

We routinely destroy Personal Information that is no longer required for the purposes for which it was collected, in accordance with applicable laws.  We will delete your Personal Information when it is no longer required to retain the Personal Information as set out in this Policy.