Online Privacy Policy

California Consumer Privacy Act and California Privacy Rights Act Notice

This California Consumer Privacy Act and California Privacy Rights Act Notice for California residents supplements the information contained in the Online Privacy Policy and applies solely for visitors, users and others who reside in the state of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and California Privacy Rights Act of 2020 (“CPRA”). Any terms defined in the CCPA and CPRA have the same meaning when used in this Notice. Please note that certain exemptions apply to your rights and Texas Capital’s obligations pursuant to the CCPA and CPRA. These rights may not apply in certain situations depending on your relationship with Texas Capital and Texas Capital’s other legal obligations, and as otherwise provided for in the CCPA and CPRA.

INFORMATION WE COLLECT, USE AND DISCLOSE 

We may collect, use and disclose for a business purpose 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 device (“Personal Information”). In particular, we may have collected the following categories of Personal Information from our consumers that are California residents within the last twelve (12) months:

• Identifiers: real name, alias, postal address, telephone number, other unique personal identifiers, cookies, device identifiers, platform pixels, tags, email address, IP addresses, other online identifiers, Social Security number, TAX ID, passport information, Green Card number, driving license number, state identification card number, other government issued identification, other photo identification, account name, or other similar personal identifiers to identify you.

• Account Information: signature, bank account numbers and balances, frequent flyer information, debit/credit card numbers, cardholder or accountholder name and details, insurance policy number, medical and health insurance information, transaction details, or any other financial information, including credit scores.

• Characteristics of Protected Classes: date of birth / age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information), or requests for leave (family care leave; employee’s own serious health condition; pregnancy leave).

• Commercial Information: records of personal property, products or services purchased, obtained, or considered, or other purchasing of consuming histories or tendencies.

• Biometric Information: genetic, physiological, behavioral and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns / rhythms, and sleep, health or exercise data.

• Internet or Other Electronic Network Activity Information: device and browser type, Internet Service Provider, browsing history, search history, or information on a consumer’s interaction with a website, application, or advertisement.

• Geolocation Data: physical location or movements, device location, or Internet Protocol (IP) location.

• Sensory Data: audio, electronic, visual, thermal, olfactory, or similar information such as images including physical characteristics, or call and video recordings.

• Professional or Employment-Related Information: current or past job history, performance evaluations, title, salary, employment files, references, prior employer.

• Education Information: details of your education and qualifications including education records such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, student disciplinary records, or directory information.

• Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, aptitudes or similar trends.

• Sensitive Personal Information: Social Security number, driver’s license number, state identification card number, passport number, account log-in information, financial account information, debit/credit card numbers in combination with security or access code/password/credentials allowing access to an account, precise geolocation, racial or national origin, religion or creed, genetic data, biometric information for the purpose of uniquely identifying a consumer, health information, sex life, sexual orientation, or information that reveals citizenship or immigration status. 

Personal Information does not include:

• Publicly available information from government records.

• De-identified or aggregated consumer information.

• Information excluded from the CCPA’s and CPRA’s scope, such as:

  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data

  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or the California Financial Information Privacy Act (FIPA) and the Driver’s Privacy Protection Act of 1994 (DPPA).

WHERE WE COLLECT YOUR PERSONAL INFORMATION

The sources from which we may collect Personal Information depend on, among other things, our relationship or interaction with a specific California resident. The information below lists the categories of sources from which we may collect Personal Information in different contexts:

• From you directly, or other individuals acting on your behalf, through physical (e.g., paper application), audible (e.g., phone), or electronic (e.g., website, social media) sources.

• Indirectly from you or your agents. For example, through information we collect from our clients in the course of providing services to them.

• Directly and indirectly from activity on our Site. For example, from submissions through our Site portal or website usage details collected automatically.

• Public records or widely available sources, including information from the media, and other records and information that are made available by federal, state or government entities.

• Outside companies or organizations that provide data to support activities such as fraud prevention, underwriting, marketing and law enforcement. Examples may include internet service providers, social networks, operating systems and platforms, data brokers, advertising networks, and data analytics providers.

• Outside companies or organizations from whom we collect Personal Information to support human resource and workforce management activities. Examples may include operating systems and platforms, and social networks.

• Outside companies or organizations from whom we collect Personal Information to support human resource and workforce management activities. Examples may include operating systems and platforms, and social networks.

• Outside companies or organizations from which we collect Personal Information as part of providing products and services, completing transactions, supporting our everyday operations, or business management and development. Examples include companies or organizations to whom we provide products or services; other parties, partners, and financial institutions; credit bureaus when we offer or extend credit to you; and parties involved with mergers, acquisitions and other transactions involving transfers of all or part of a business, or a set of assets.

• Information from our Affiliates.

HOW WE USE YOUR PERSONAL INFORMATION

In the past 12 months, we may have used Personal Information relating to California residents to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including the following:

• To Respond: To provide the services to you and our clients as requested. For example, if you share your name and contact information to request a financial product or ask a question about our products or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your request.

• Performing Services: Communicating with you via any means (including email, telephone, text message, social media, post or in person) for maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services.

• Evaluation: Providing you with, or evaluating your eligibility for, products and services that you request from us.

• Operation of Our Site: Operation and management of our Site; providing content to you; displaying advertising and other information to you; and communicating and interacting with you via our Site.

• IT Operations: Management of our communications systems, operation of IT security and IT security audits.

• Health and Safety: Health and safety assessments and recordkeeping; and compliance with related legal obligations.

• Financial Management: Sales, finance, corporate audit and vendor management.

• Research: Conducting market or customer satisfaction research, and engaging with you for the purposes of obtaining your views on our products and services.

• Security: Physical security of our premises (including records of visits to our premises and CCTV recordings); and electronic security (including log-in records and access details, where you access our electronic systems).

• Investigations: Detecting, investigating and preventing breaches of policy, and criminal offenses, in accordance with applicable law.

• Legal Compliance: Compliance with our legal and regulatory obligations under applicable law including any internal policy based on or reflecting legal or regulatory guidance, codes, or opinions.

• Legal Proceedings: Establishing, exercising and defending legal rights.

• Improving Our Products and Services: Identifying issues with existing products and services, planning improvements to existing products and services, and creating new products and services.

• Informing: Assessing and informing you about the services and products that might interest you.

• Risk Management: Audit, compliance, controls, and other risk management.

• Fraud Prevention: Detecting, preventing, and investigating fraud.

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.

DISCLOSING PERSONAL INFORMATION

The categories of third parties to whom we may disclose Personal Information about a specific individual depend on, among other things, our relationship or interaction with a specific California resident. During the past 12 months, we may have disclosed many or all the categories of information described in this Notice for our business purposes. Also described in this Notice are the following categories of third parties:

• You and, where appropriate, your family, your associates and your representatives

• Our affiliates

• Vendors and service providers who provide services 

• Partners and third parties who you authorize us, directly or indirectly, to disclose your Personal Information in connection with products or services we provide to you 

• Other third parties who enable customers to conduct transactions online and via mobile devices, support mortgage and fulfillment services, vehicle loan processes and aggregators (at the direction of the customer)

• Government or regulatory authorities

DATA RETENTION

We determine the length of time we intend on retaining each category of Personal Information, including Sensitive Personal Information, by examining the Retention Schedule referenced in our internal Record Retention Policy. The Retention Schedule designates a maximum timeframe for each record type that may contain Personal Information. Records are not kept longer unless otherwise stated by management and / or designated by legal counsel in accordance with the execution of a Legal Hold. 
We determine the Retention Schedule for each record type as follows: 

• Records will be retained for the shortest period of time dictated by legal, fiscal or business requirements. 

• With respect to legal requirements, if a law or regulation requires that the record be kept for a specific period of time, we will retain the record for a minimum of the time period indicated. If a law or regulation requires that the record be retained but does not specify a retention period, we will retain the record for a minimum period of three years. Our Legal Department will be consulted, as needed, to determine the legal retention requirements for any given Record. 

• Fiscal retention requirements are those that relate to our financial transactions and are commonly required for audit or tax purposes. If the fiscal requirements dictate a longer retention period than the period dictated by the legal requirements, the longer period will be applied. 

• Business requirements and considerations are defined as the period of time during which a business unit relies upon a Record in order to perform one of its functions. Records preserved under business requirements are those necessary to carry on our daily business. The assessment of business requirements and considerations begins with an operating assumption that in most cases, a five-year retention will meet or exceed those needs. Business units indicating a need for a longer retention period will be asked for additional information to justify this need. If the business requirements dictate a longer retention period than the period dictated by both the fiscal and legal requirements, the longer period will be applied. 

• All Records that pertain to the functional activity of a business unit that are not otherwise covered by the retention schedule will be retained for three years.

YOUR RIGHTS, INCLUDING ACCESS, DELETION, CORRECTION, OPT-OUT, AND LIMITING USE 

You have the following Rights under the CCPA and CPRA:

• Access to Personal Information: California residents have the right to access their personal information by requesting Texas Capital to furnish a report of all information regarding the customer held by Texas Capital, including specific pieces of personal information. The report will be in a readily available format and easy for the consumer to understand.

• Deletion of Personal Information: California residents have the right to request Texas Capital delete their Personal Information. While Texas Capital will attempt to accommodate such requests, the Federal Gramm-Leach-Bliley Act may prevent us from deleting certain pieces of information. If Texas Capital is not able to accommodate a Request to Delete, the requestor will be notified of the rejected request and given the reason(s) why their Personal Information cannot be deleted.

• Correction of Personal Information: California residents have the right to correct their Personal Information held by Texas Capital if they notice that their information held is inaccurate. This action commonly occurs after the customer reviews their data after requesting to access their information. Texas Capital does offer California residents the option to access their personal information and will promptly correct any inaccurate data when notified by the customer.

• Opt-Out of Selling or Sharing Personal Information: California residents have the right to opt out of the selling and sharing of their information by businesses that sell or share Personal Information. The CPRA defines a “sale” as the disclosure of Personal Information for monetary or other valuable consideration. The CPRA defines “sharing” as the disclosure, transfer or other form of communication of customer Personal Information to third parties for cross-context behavioral advertising with or without monetary or other valuable consideration. Texas Capital does not offer an opt out of the selling or sharing of Personal Information because we do not sell or share customer information and have not done so in the past 12 months, including the Personal Information of minors under the age of 16.

• Limiting the Use of Sensitive Personal Information: California residents have the right to limit the use and disclosure of their Sensitive Personal Information held by Texas Capital if it is used outside the purposes of providing services or products that the customer has purchased. Texas Capital does not offer California residents the option to notify Texas Capital to limit the use of Sensitive Personal Information because Texas Capital does not use it outside the purposes of providing services or products that the customer has purchased. 

You may request access, deletion, correction, opt-out and limiting use by calling 1-877-839-2265, submitting a request via email at [email protected], or by completing our online form at link (Click Here).

Please note that, for your protection, any request sent to us relating to your Personal Information will be subject to the following verification procedure: (1) You may be verified by your submission made through your password-protected online portal or by verifying identification points with client support. (2) We reserve the right to deny your request if we cannot verify your identity. (3) Where we deny your request in whole or in part, we will endeavor to inform you of the denial, provide an explanation of our actions, and provide the reasons for the denial. We will acknowledge receipt of your request and endeavor to respond 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.
 
We will not discriminate or retaliate against you for exercising any of your rights mentioned above.

You may designate an authorized agent to make a request to exercise your rights on your behalf. Your authorized agent must be able to provide to us proof that you have authorized the agent to act on your behalf. For your protection, we reserve the right to deny any request from an agent who does not submit proof that they have been authorized to act on your behalf. 

CHANGES TO OUR CALIFORNIA CONSUMER PRIVACY ACT NOTICE 

We reserve the right to amend this privacy statement at our discretion and at any time. When we make changes to this Notice, we will post an updated version here with a new Effective Date at the top of this page. Any changes will be effective only after the Effective Date and will not affect any dispute arising prior to that date.

CONTACT INFORMATION

If you have any questions or comments about this Notice or our privacy practices generally, we encourage you to contact our customer service department by calling 1-877-839-2265.