Introduction
Welcome to the official Hernandez, et al. v. Wells Fargo Bank, N.A., Home Loan Modification Settlement website administered by JND Legal Administration. Your concern for protecting your privacy is of vital importance to us. We are committed to safeguarding your personal information, including financial information, and this Privacy Policy describes how we treat your information when you visit our website or the Secure Site. With full transparency of the information you share with us, and your complete trust as we administer this class action lawsuit settlement, we can go forward together in fulfilling the terms of this legal settlement.
Coverage of This Privacy Policy
This Privacy Policy governs the information that we gather through our website, www.HomeLoanModificationSettlement.com, as well as through telephone, email, regular mail and other official communications from the Settlement Administrator, JND Legal Administration. The Privacy Policy governs data gathered from all users, including home loan modification settlement class members, visitors of this site and people who contact us for support. It pertains to how we collect personal information, how we may use it, how we protect it and your rights related to your information.
Information We Gather
We collect various categories of information to help us administer our settlement and so we can provide accurate updates, assistance and payments to class members who qualify. These categories of information that are used or collected may include, but are not limited to:
- Information that identifies you personally, such as:
- Your name
- Mailing address
- Email address
- Telephone number
- Social Security Number, or other unique identifier as needed for identity verification
- Information about elements of the settlement that relate to you, including:
- Loan number
- Property address
- Dates of relevance related to your loan modification application
- Information or correspondence about eligibility to receive relief from the class action settlement
- Information about communications between us and you, including:
- Your correspondence to us by email, phone or through our website
- Support questions and requests for status, updates or change of address
- Information about our website which is made up of:
- Internet protocol addresses
- Browser types
- Operating systems
- Device identifiers and locations
- The specific pages you view on our website and how often you view those pages (e.g., web logs)
How We Gather Information
We use a variety of methods to collect information in order to process your settlement efficiently and securely:
- You provide information directly by submitting forms on the website, by email, phone, or by regular mail.
- We automatically collect information when you visit our website including IP address and device information using cookies and analytics.
- In limited cases, we rely on information sent to us from third parties such as court records, Wells Fargo records, or government agencies for verification of class membership or claims processing.
- We use information submitted to us by the special master when an application for additional compensation for severe emotional distress has been submitted.
Purposes of Gathered Information
We use the information we gather for the following purposes:
- Settlement Administration – to determine which class members are entitled to a settlement payment, complete payments and claims processes for the Original and the Supplemental Classes;
- Customer Support – to address inquiries, update customer contact information, and provide support generally to class members;
- Legal Requirements – to take steps under the court-approved settlement agreement and as required by relevant law or court order;
- Communications – to communicate related to the settlement, including updates on where or when certain things will occur, deadlines, etc., or to inform you of changes, deadlines, or important information about your status as a class member;
- Security/Fraud Prevention – to verify identities and prevent unauthorized access and fraud;
- Analytics/Site Improvement – to review website usage, improve customer experiences on the website, and ensure the website functions properly.
Sharing Your Information
- With our vendors – We may share information with trusted third parties (e.g., mail vendors or IT providers) who help us administer the settlement or help us maintain our website. These parties enter into contracts obligating them to safeguard your data.
- With the Court and Special Master – We may share with the court and the special master presiding over the portion of the proceeding addressing claims, in particular in relation to severe emotional distress claims.
- With Wells Fargo or a government agency – Only as necessary to verify class membership, process payments or as required by law.
- If Required by Law – We release information when we believe release is necessary to comply with the law, court order or legal process; or to protect the rights, property or safety of our users or others.
- We Do Not Sell Your Information: We do not sell to third parties your personal information for marketing or other commercial purposes.
Protection of Information
Security of your data is important to us. Our security program employs a multi-layered approach combining physical, technical, and administrative controls to protect against the unauthorized access, use, or disclosure of your information. Potential security safeguards include:
- Restricted server environments and encrypted database storage
- Restrictions on employee and service providers’ access via password authentication
- Periodic security audits and network monitoring for known vulnerabilities
- Encrypted email and (when applicable) VPN access for transmission of sensitive personal information over the Internet
- Secure shredding of paper records when no longer needed
Unfortunately, no security program is impenetrable. While we may take all reasonable efforts to protect your data, we do not guarantee the security of our servers and corporate databases containing such information. Accordingly, we encourage users to guard against the unauthorized access or disclosure of your data after it is received by us.
Cookies and Web Analytics
Our site utilizes cookies and tracking techniques to improve the effectiveness of your experience on our website, to track site usage data, and to help provide website security. Cookies are defined as text files that are placed in your computer’s browser folder by the web server and stored locally to help track user preferences and visits to the website. The cookie on our website records information such as browser type, pages visited, and time spent on the site.
You may refuse the use of cookies by altering the setting of your browser program; however, this could limit use of some features within the site. We do not use cookies for advertising and/or marketing purposes. All analytics data received is used solely for the purpose to monitor and improve quality and security of the site.
Retention of Personal Information
We only retain your Personally Identifiable Information as long as necessary to fulfill the stated purposes set forth in this Privacy Policy and to comply with any legal, regulatory or court ordered requirement. Generally, records related to the settlement are retained until the settlement administration process is complete and all issues have been resolved. Following that time, Personally Identifiable Information is destroyed in a secure manner or made anonymized to include de-identification of data by removing any links back to identification. If you have specific questions regarding our data retention practices, please feel free to contact us at [email protected].
Your Privacy Rights and Choices
Access: You have a right to request and obtain a copy of the Personal Information we hold about you. Correction: You have a right to request us to rectify or complete your Personal Information if it is inaccurate or incomplete. Deletion: You have certain rights to request us to delete your Personal Information, subject to legal or settlement related requirements. Restriction: You have a right to restrict the way that we use your Personal Information, such as using your information to process requested items only. Object: You have a right to object to certain uses of your Personal Information, such as use of your information for analytics, where applicable.
You can exercise the above rights by contacting us at 1-877-545-0236; emailing us at [email protected]; or mailing us at Hernandez, et al. v. Wells Fargo Bank, N.A., c/o JND Legal Administration, P.O. Box 91350, Seattle, WA 98111. We will respond to you in line with applicable laws.
Children’s Privacy
Our website and settlement administration services are not directed to children under the age of 18. We do not knowingly collect personal information from minors. If you become aware that a child under age 18 has provided us with personal information please contact us immediately and we will take steps to delete such information from our files.
Links to Third Parties and Outside Services
Our Site may contain links to third-party sites and resources that are not related to JND Legal Administration (JNDLA) or the Home Loan Modification Settlement. Any information collected by those third-party external sites and resources will be subject to the privacy policy of that particular third party, and this Privacy Policy does not cover or apply to that information. We encourage you to review the individual privacy policy of any website before submitting any form of personal information. We are not responsible for the privacy policies, content or security measures of these linked third-party sites and resources.
International and Cross-Border Users and Transfers
The Home Loan Mod Settlement is available in the United States, and you must be an eligible borrower to participate. All information provided to us is collected and processed on our servers in the United States. You are advised that information you submit through our website can be transferred to, processed and stored in the United States where data protection may be different from such protection in your country of origin. By providing your information, you consent to this transfer, processing and storage.
Amendment to This Privacy Policy
We may amend or update this Privacy Policy from time to time as our practices, legal requirements or improvements in settlement administration change. Any changes we make will be posted on this page with an updated effective date. You should review this Privacy Policy periodically to ensure that you are up to date on how we protect your information. Your continued use of the website reflects acceptance of the changes.
Method of Contact
If you have questions, concerns, or requests concerning this Privacy Policy or your information, please write us at one of the addresses set forth below:
- Telephone: 1-877-545-0236
- Email: [email protected]
- Mail: Hernandez, et al. v. Wells Fargo Bank, N.A. c/o JND Legal Administration P.O. Box 91350 Seattle, WA 98111
Our staff will respond to your inquiries as soon as possible, and as needed, will maintain the confidentiality of your information throughout the settlement administration process.
California Privacy Rights (CCPA)
If you are a California resident, you may have additional rights under the CCPA to:
- The right to know what categories and specific pieces of personal information we collect and disclose
- The right to request that we delete personal information
- The right to opt out from the sale of personal information (note that we do not sell personal information)
- The right to non-discrimination for exercising your privacy rights
To exercise your CCPA rights, please contact us as described in the “How to Contact Us” section. Before we can honor a request, we will need to verify your identity. Any such request will be subject to the requirements of the CCPA.
The Way We Protect Information of a Sensitive Nature
Certain settlement administration functions may require collection of particularly sensitive information such as Social Security Numbers, financial account information, or medical records (for extreme emotional distress claims). We have extra security measures in place for such data, including separate encrypted storage, separate logons with strict access (need-to-know) controls, and frequent staff training regarding how to collect, store, and securely transmit that data. Access to that data is strictly limited to those staff who have a “need-to-know” for purposes of performing settlement-related tasks.
Reviewing and Revising Your Information
You have a right to request access at any time to your personal information on file. If your contact information has changed or if you dispute any of the information we have about you, please let us know, so that your settlement benefits can continue without interruption. If necessary, please update your information by phone, email, and/or mail. We may ask you for verification of your identity before granting updates to your information on file in order to protect your privacy and settlement award.
Response to Legal Process
In certain circumstances, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, comply with court orders, or fulfill other legal obligations under the settlement agreement. We review each such request carefully and only disclose the minimum information necessary to comply with applicable law and protect rights.
Notification in the Event of a Data Breach
In the unlikely event that someone is able to gain access to your personal information, we have procedures in place to quickly assess the nature of the unauthorized activity, contain the intrusion, and notify affected individuals and regulatory authorities, as may be required by law. We will keep people informed with updates about the nature of the intrusion, the types of personal information involved and steps that can be taken to avoid loss or harm. Our plan and procedures are reviewed regularly and updated periodically to ensure they reflect best practices in information security.
We have security measures designed to help prevent a breach. These include encryption of sensitive data; firewalls and intrusion detection systems on networks and servers where such data is stored; ongoing employee awareness training and network activity monitoring; and planned incident response procedures.
Your Obligation in Protecting Information
Although we take strong precautions when you give us your personal information, everyone has a part to play in protecting your data. You should be careful when sharing your data online or by telephone. Be aware of scams or phishing attempts purporting to be associated with the Home Loan Modification Settlement. We will never ask you for your full Social Security Number, bank account information, or payment via telephone or email. If you receive any suspicious calls or emails, please report them to us immediately.
Complaints and Dispute Resolution
If you think your privacy rights have been infringed, or if you are concerned with our use of your personally identifiable information, please contact us directly, so we can resolve your concern quickly. You also may have a right to make a complaint with a regulator, such as with the state Attorney General or the Federal Trade Commission. We want to work with you to address any privacy dispute in a fair and reasonable way.
Attention Individuals with Disabilities
We are dedicated to providing our privacy practices and communications in a form that is accessible to individuals with disabilities. If you need this Privacy Policy or other materials made available in an alternative format, or if you otherwise require special assistance to access information or settlement services, please contact us by telephone at 1-877-545-0236 or by email at [email protected]. We will act in a manner reasonably designed to accommodate your needs.
Our Choice of Law
This Privacy Policy, and any dispute that arises from it, shall be interpreted under the laws of the United States and the State of California. Any legal action or proceeding in connection with issues relating to data protection or privacy in connection with the administration of the Home Loan Modification Settlement will be adjudicated in the appropriate state or federal court within California, subject to terms of the settlement agreement and orders that are entered by the court.
The Effective Date
This Privacy Policy is effective as of June 1, 2024 and applies to all the data that we collect or otherwise process on or after that date. If and when we adopt a materially revised privacy policy, we will revise the effective date above and we’ll post a notice of the change on our website.
Overview and Commitment to Privacy
We know you have a lot of choices, and that is why we very much value the trust you have placed in us as the administrator of the Hernandez, et al. v. Wells Fargo Bank, N.A. Home Loan Modification Settlement. Maintaining your privacy is an important part of our mission. We strive to process your information with care and to keep it secure, and we pledge to you that we will be open about our privacy practices. You may contact us at 1-877-545-0236 or [email protected], or via USPS mail at Hernandez, et al. v. Wells Fargo Bank, N.A., c/o JND Legal Administration, P.O. Box 91350, Seattle, WA 98111 with inquiries, to receive support or exercise your privacy rights. Thank you for taking the time to visit our website and for your trust as we fulfill our role to deliver compensation and support to eligible borrowers.