Online Privacy Policy

Forthact, LLC dba Momentum Debt Relief ("Company", "MDR," "we", or "our") is committed to advising you of your rights to privacy and strives to provide a safe and secure user experience on our website, www.momentumdebtrelief.com (the "Website"). This Privacy Policy describes how we collect, secure, use, and disclose our customers' Personal Information. It also describes your rights and the choices you have regarding your Personal Information and how to contact us to answer any questions you may have about our use of your Personal Information.

Please note that this Privacy Policy is limited to customers utilizing our Website in the United States and applies to the Personal Information we collect both online and offline, when you access or use our website, social media, or when you contact us with any questions. If you disagree with the way we collect and process Personal Information, please do not use our services.

Information We Collect.

As a company that conducts activities that are financial in nature, MDR is a "financial institution" as that term is defined in the Gramm-Leach-Bliley Act ("GLBA"). While the CCPA does not exempt financial institutions, and thus, MDR, from its requirements, Section 1798.145(e) of the CCPA does exempt personal information collected by a financial institution pursuant to the GLBA. Accordingly, much, if not all, of the data consumers provide to MDR, or that we collect from consumers, will fall within the GLBA exemption to the CCPA's definition of personal information and thus outside the scope of the CCPA.

MDR recognizes the eleven (11) broad categories of personal information referenced in the CCPA that a business may collect about a consumer. In particular, MDR has collected the following categories of personal information from consumers within the last twelve (12) months (though most, if not all, such personal information is collected pursuant to the GLBA and is thus exempt from the CCPA):

Personal information does not include publicly available information from government records, de-identified or aggregated consumer information, or information otherwise excluded from the CCPA's scope, such as information collected pursuant to the GLBA. Any personal information or category of personal information collected pursuant to the GLBA would not be considered "personal information" under the CCPA.

Notwithstanding the GLBA exemption to which most, if not all personal information collected by MDR is subject, we have obtained the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from information we obtain in the course of providing our services to you, or from observing your actions on our website.
• From third-party business partners such as social media sites, ad networks, and analytics providers.

How We Collect Information

2.1. We may collect your Personal Information through the following sources:

• Directly from you, such as when you visit our website.
• Indirectly from you from your interactions with us (e.g. using cookies to understand how you use our website)
• Though related third parties and affiliates, including other MDR companies.
• We may get information that other companies share with or sell to us. For example, you may have given consent for another company to share your personal data with us when you signed up for services.

Collection of Information Through Cookies, Web Beacons, and JavaScript.

2.2. Generally, we as well as third-party vendors, networks, ISP(s), and publishers use technologies such as cookies, web beacons, and java scripts. These technologies collect internet protocol ("IP") addresses, browser type, internet service provider ("ISP"), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This information is used to analyze trends, administer our Website, track users' movements through our Website, track purchases, and gather demographic information about our user base as a whole. We may receive reports based on these technologies on an individual or aggregated basis.

2.2.1 Cookies. "Cookies" are a feature in your browser software. If enabled, cookies store small amounts of data on your computer about actions you take on the pages of our Website. Cookies assist us in tracking which of our features you visit most often, and what content you viewed on past visits. When you visit this website again, cookies allow us to remember your settings and may be used for authentication. We may use cookies to keep track of the number of return visits, accumulate and aggregate statistical information generally pertaining to our Website, and deliver specific content to you based on your past viewing history. You can disable cookies, although our Website may not function properly for you. Your browser preferences can be modified to accept or reject all cookies or request a notification when a cookie is set. You may read more about cookies at http://cookiecentral.com/faq/.

2.2.2. Third-Party Cookies. We allow third-party vendors and advertisers to set their own cookies on and through our Website. We have no control over the practices of those third-parties and are not responsible for their technology or tracking. We encourage you to review the policies of such persons or entities on their websites. We use various ad services provided by Google that connects the activity on our Website with their advertising network and they may use cookies that collects information regarding certain patterns in your browsing history.

We also participate in all of Google's Analytics Advertising. This includes: (a) Remarketing with Google Analytics; (b) Google Display Network Impression Reporting; (c) Google controlled Campaign Manager integration; and (d) Google Analytics Demographics and Interest Reporting. Google uses cookies to track activity performed by Google Analytics and its AdWords or DoubleClick cookie. To opt-out please see https://tools.google.com/dlpage/gaoptout/. We also use Google Analytics which is an analysis service. Google utilizes the data collected through its cookies to track and examine the use of this site, to prepare reports on its activities, and to share them with other Google services. You may opt-out of the Google Analytics service using Google's Browser Add-on here.

To limit the use of nonessential cookies, please visit our Data Request page.

2.2.3. Social Media Cookies. We also appear and advertise on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (which may include Instagram, Facebook, Twitter, Google, YouTube, and Pinterest, among others) in connection with our Website. We collect information that you share with us, or that the social media platforms share with us. The social media platform controls the collection and usage on their forums. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use.

2.2.4. Web Beacons. We use electronic images known as Web Beacons (sometimes called single-pixel gifs, clear gifs, or action tags) which allow us to collect information about your visit to our Website, measure and improve the effectiveness of advertisements, and track delivery of advertising. Web beacons collect only a limited set of information including a cookie number, time, and date of page view, as well as a description of the page on which the web beacon resides. We may also use web beacons in email messages sent to you. This allows us to determine if you opened or acted upon the email message. Because web beacons are the same as any other content request, you cannot opt-out or refuse them. However, they can be rendered ineffective by either opting-out of cookies or changing the cookie setup in your browser.

2.2.5. JavaScript. We may also use JavaScript. JavaScript is a computer language that enhances the functionality of websites, particularly with respect to pictures. We use it to analyze and improve our Website's functions. You may deactivate JavaScript through your browser settings or activate it the same way. If you disable JavaScript, you will not be able to use some of the functions of our Website.

How We Use Information Collected.

MDR may use your information to:

• Provide you with the information, products, or services you request from us.
• Fulfill the reason you provided the information, such as to respond to customer service requests or other inquiries.
• Create, maintain, customize, and secure your account with us.
• Personalize your website experience and deliver content and product and service offerings relevant to your interests, including targeted offers and MDR through our website, third-party sites, and via email or text message (with your consent where required by law).
• Help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
• Process your requests, purchases, transactions, and payments
• Provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• For testing, research, analysis, and product development, including to develop and improve our website, products, and services.
• Prevent transactional fraud.
• Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

MDR will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing notice to you. Such notice may be delivered, for example, by posting an updated California Privacy Notice.

Disclosure of Information to Others.

4.1. In addition to specific disclosures made throughout this policy, we will share your Personal Information with third-parties and service providers in the following circumstances:

4.1.1. Product and Service Delivery. We share all categories of information set out in this policy with third-party service providers who help us in payment processing, communications and services you have requested.

4.1.2. Website and Business Functionality. We share all categories of information set out in this policy with third-party service providers we employ to perform technical functions on our behalf. Examples include third-parties who host our Website, analyze our data, provide marketing assistance, and analyze customer data, process credit payments, and provide customer service. This may also include third-party service providers who assist us in developing and running surveys, contents, and other promotions.

4.1.3. Anonymized Information. We may share aggregated anonymous information about you, combined with other persons using our Website, with third-parties so that they can understand the kinds of visitors that come to our Website, and how those visitors use our Website, and promotion of our marketing. This includes demographic information and behavioral information.

4.1.4. Social Media Platforms and Networks. Social Media Platforms may have features such as, plugins, widgets, or and other tools made available by third-parties that may result in information being collected or shared between us and the third-party. Examples are ratings and like features. Again, the use of your information by the social media platform is not governed by this Privacy Policy.

4.1.5. Legal Process. We disclose your information, if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights, property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.

4.1.6. Acquisition or Merger. We may disclose and transfer your information to a third-party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we, our liquidator, administrator, receiver, or administrative receiver may sell, license, or otherwise dispose of, such information in a transaction approved by the court.

4.1.7 Affiliates. We may share your information with third-party affiliated companies to improve our products, conduct analytics, market products or services that you may be interested in.

5. Mobile and Telephonic Communications Privacy

5.1. SMS Confidentiality: Notwithstanding any other provision in this Privacy Policy, Momentum Debt Relief (MDR) maintains strict confidentiality regarding mobile information. We do not share, sell, or rent your mobile phone number or SMS messaging opt-in data with third parties or affiliates for marketing or promotional purposes. All the above categories of personal information exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties or affiliates for any reason, regardless of our relationship with those entities.

5.2. Call Recording and Monitoring: By contacting Momentum Debt Relief via telephone, or by providing your express consent to be contacted, you acknowledge and agree that all calls with the Company may be recorded or monitored for quality assurance, training, and compliance purposes. This includes, but is not limited to, the recording of verbal consent provided for enrollment in our services or participation in our SMS programs.

NOTICE REGARDING YOUR RIGHTS

ACCESS & DATA PORTABILITY RIGHTS

You have the right to request that MDR disclose what personal information we collect, use, and disclose. If we receive and confirm your consumer request as verifiable and no exception applies, we will provide you with:

• 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 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.
• If we sold or disclosed your personal information for a business purpose, two lists disclosing:
  • Sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

As previously indicated, MDR does not sell the personal information of California consumers.

DELETION REQUEST RIGHTS

Subject to certain exceptions, you have the right to request that we delete any of your personal information that we collected from you and retained. If we receive and confirm your consumer request as verifiable, unless an exception applies we will delete (and direct our service providers to delete) your personal information from our records.

The CCPA and similar state regulations provide a number a reasons why a deletion request may be denied. 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• 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 the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer 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.

EXERCISING ACCESS, DATA PORTABILITY, AND DELETION RIGHTS

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to MDR by:

• Calling us toll-free during business hours at (888) 405-4706.
• Submitting a request through our contact form.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

The verifiable consumer request must:

• Provide sufficient information that allows MDR to verify, to a reasonable degree of certainty, that you are the person about whom MDR collected personal information (or your authorized representative), which may include multi-factor authentication of identifying information provided by you. Such authentication may be conducted and verified independently or in combination with a comparison of personal information already maintained by MDR, if any; and
• Describe your request with sufficient detail that allows MDR to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us, but we must also be able to confirm the personal information relates to you. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

RESPONSE TIMING AND FORMAT

MDR endeavors to respond to a verifiable consumer request within forty-five (45) days of receiving it. If MDR requires additional time to process your request, up to a maximum total of ninety (90) days from the date the request is received, we will notify you of this and inform you of the reason for requiring the additional time.

If you have an online account with us, we will deliver our written response to your online 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 or have denied a request, if applicable.

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.

NON-DISCRIMINATION

MDR will not discriminate against you for exercising any of your rights as described above. Unless permitted by the law, MDR will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

DO NOT TRACK DISCLOSURES

How do we respond to Web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer's online activities over time and across third-party websites or online services?

We currently do not respond to DNT signals in browsers because we do not track individual users across the web.

May other parties collect personally identifiable information about an individual consumer's online activities over time and across different websites when they visit www.momentumdebtrelief.com?

No.

Security.

We endeavor to safeguard and protect your information. We have security measures in place to help protect against the loss, misuse, and alteration of personal information under our control. Please be advised that, although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our Website is at your own risk. However, access to your information is strictly limited and not accessible to the public.

Changes to Privacy Policy.

We reserve the right to make material changes to the substance of this Privacy Policy and will provide notice of such changes in accordance with any requirements under applicable law. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Additional state disclosures.

You may have certain rights regarding our processing of your Personal Information under applicable local state law. If our processing of your Personal Information is governed by such laws, the following provisions apply to the our processing of your Personal Information. These provisions supplement the other sections of the Privacy Policy.

8.1. Additional information about our data practices.

As set forth in our primary Privacy Policy above, we collect several types of information about you. The table below describes how we have disclosed this information in the past 12 months:

We have disclosed Personal Information for the following commercial/business purposes in the preceding 12 months:

• To provide the services or products you have registered for on our Website.
• To provide you with information, products, or services that you request from us, or resolve consumer concerns, or request to opt-out of marketing.
• To provide you with notices concerning our products, services, events, or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
• To improve our website, products, and services, and present its contents to you including testing, research, analysis, and product/service development.
• To maintain the safety, security, and integrity of our Website, platforms, as well as products and services, databases, and other technology assets, and business.
• To respond to government or law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To evaluate or conduct a merger, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our business or assets.
• As described to you when collecting your Personal Information or as otherwise permitted under applicable law.

We have sold or shared Personal Information in the preceding 12 months to personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law). We do not knowingly share or sell the Personal Information of anyone under the age of 16. We use Sensitive Personal Information (i.e., bank account information) only for purposes expressly permitted under California law.

We collect Personal Information from the following sources:

• Information collected directly and indirectly from your activity on our website and your interactions or communications with us. This includes your Personal Information provided by you in connection with obtaining a certain product or service offered by us or one our network providers or advertisers.
• Information you provide us when you enter promotions or sweepstakes offered by us or our clients including networks and advertisers.
• Information you provide us through telephone and web-based surveys, customer service correspondence, and general feedback.
• Information we received directly or indirectly from our clients or their agents in the course of providing services to you and others.
• Analytics companies who provide demographic information such as gender, zip code, or any information that is not tied to your Personal Information. In addition, we may receive information about you from other online or offline sources, including third-parties from whom we validate consumer self-reported information, and verify information we already have about you. This helps us to update, expand, and analyze our records and provide products and services that may be of interest to you.
• We also collect information provided by Service Providers and other third-parties as set out in our main Privacy Policy, our advertisers, ad networks, and third-party technology companies.

8.2. Retention.

We retain your Personal Information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your Personal Information for a period of time that enables us to:

• Maintain business records for analysis and/or audit purposes.
• Comply with record retention requirements under the law or other relevant legal or regulatory requirements.
• Defend or bring any existing or potential legal claims.
• Address complaints and inquiries.

9. Contact Information.

MDR is committed to responding promptly to any questions or concerns you may have about this Notice. If you have questions concerning the methods by which MDR collects or uses your personal information as explained in this Privacy Policy, the rights granted to you under relevant state privacy laws, or how to exercise your rights, or if you are a consumer with a disability and you wish to receive a copy of this Notice in an alternative format, please contact us:

• Email: [email protected]
• Phone: (888) 405-4706
• Mailing Address: 4000 MacArthur Blvd., Ste 600, Newport Beach, CA 92660