Capital OnePrivacy and Opt Out Notice

Safeguarding Your Privacy

Our Privacy Commitment to You
At Capital One,^® we are committed to providing you with financial products and services to meet your needs. Our commitment includes protecting personal information we retain about you (referred to as "information" in this notice) when you apply for or obtain a product from us to be used primarily for personal, family or household purposes.

We want to earn your trust by providing strict safeguards to protect information about you as we continue to bring you valuable products and services. Please read this online notice to learn about your privacy rights. Should any changes occur to this notice in the future, you will be able to determine this by referring to the "Last Revised" date at the bottom of this privacy statement.

Entities sending this notice:

Capital One Bank (USA), N.A.
Capital One e-Commerce, Inc.
Capital One Insurance Agency, Inc.
Consumers Direct Agency, Inc.
Capital One Auto Finance, Inc.
Capital One Home Loans, LLC
Onyx Acceptance Corporation
GreenPoint Mortgage

This Privacy Notice only applies to each of the entities above and, unless otherwise noted, their subsidiaries (collectively, the “Capital One Entities”). In the future, the Capital One Entities may decide to change the policies and procedures described in this privacy notice. We will notify you of significant changes by sending you an updated version of this privacy notice that includes these changes.

This notice does not apply to any other company within the Capital One organization, including Capital One, N.A. (formerly Hibernia National Bank); Capital One Investments, LLC (formerly Hibernia Investments, L.L.C.); Capital One Southcoast, Inc.; and North Fork Bank (now operating as a division of Capital One, N.A.); as well as their subsidiaries. This notice also does not apply to Capital One Auto Finance Drive One Customers. If you are a customer of a Capital One entity not listed above, please refer to the privacy notice sent to you by that Capital One entity. You may also visit or web site at www.capitalone.com.

For more information about our Privacy Practices, write to us at:
P.O. Box 30285
Salt Lake City, UT 84130-0285

Our Privacy Practices
Our Information-Sharing Practices Apply to:

Customers
Former Customers
Applicants

We Collect Information from:

Applications, questionnaires and other forms you submit (information such as your name, address and income)
Your transactions with us and others (information such as account balances, fees, payment history, checks, parties to transactions and credit card usage)
Our communications with you, including recent copies of checks and our responses to your inquiries
Credit bureaus (to determine your eligibility for credit or other financial products)
Public sources, including census data and real estate records
List vendors and membership lists, including magazine subscription lists
Web-based tools when you visit our Web sites, including “cookies”

We May Disclose the Information Described Above to:

Companies in our corporate group
Other financial services providers, such as credit bureaus, securities broker-dealers, insurance companies and other companies with which we have joint marketing agreements (CA Residents: other than as required or permitted by law, we will not disclose information about you to other financial service providers with which we have joint marketing agreements, unless you authorize us to do so)
Non-financial service providers, such as retailers, online and offline advertisers, airlines and companies who help market our products
Carefully selected business partners (e.g., so they can alert you to their valuable products and services)
Other third parties, including non-profit organizations, as required or permitted by law or when you permit us to share information about you

Our Security Practices
We Have Safeguards to Keep Information Confidential and Secure:

We maintain physical safeguards, such as secure areas in buildings; electronic safeguards, such as passwords and encryption; and procedural safeguards, such as customer authentication procedures to prevent ID theft.
At Capital One, access to information about you is restricted to authorized employees obtaining that information for business purposes.
We carefully select and monitor the outside companies that we hire to perform services for us, such as mail vendors who sent out our statements. We require them to keep customer information safe and secure, and do not allow them to use or share the information for any purpose other than the job they are hired to do.
We train our employees on these security procedures, and we conduct regular audits to verify our compliance with the procedures.

Your Opt-Out Choices
You have the right to limit when we may share information about you. You may also tell us when not to send you solicitations.

Limits on How We Share Information:

For each Capital One account you have, you may tell us not to share personal information about you with outside companies, except we may disclose information as required or permitted by law. For example, required disclosures are made to outside auditors and banking regulators, while permitted disclosures are made to vendors assisting us in opening, maintaining or servicing your account. (CA, ND and VT Residents: To the extent that related state law applies, other than as required or permitted by law, we will not disclose information about you outside our corporate group of companies, without your express authorization.)
For each Capital One account you have, you may tell us not to share any credit data about you (i.e. financial data we get from credit bureaus or from you that helps us determine your eligibility for credit) within our corporate group of companies; we do not disclose credit data outside our corporate group of companies. (VT Residents: To the extent that related state law applies, we will not disclose credit information about you within our corporate group of companies unless you authorize us to do so except as required by law.)

Limits on Solicitations from Us:

For each Capital One account you have, you ,may tell us not to solicit you by mail, telephone or email for products and services that are not directly related to your account abd that are outsidde our regular communications with you (such as your monthly statement, customer service e-mails or when you call our customer service center). If you tell us not to solicit you, we will not allow information about you that is shared among affiliates within the Capital One organization to be used for that purpose.
For further information about your rights in this section, contact us using the information provided below. (NV Residents: Pursuant to state law, if you would like more information regarding this notice or Nevada's law regarding corporate do-not-call registries, you can contact us at the toll-free number or address included in this notice or the Bureau of Consumer Protection, Office of the Nevada Attorney General at 555 E. Washington Street, Suite 3900, Las Vegas, Nevada 89101 (Phone: (702)486-3132. E-mail: BCPINFO@ag.state.nv.us )

How to opt out:

For each Capital One Account you have, if you have previously opted out and would like to keep the same preferences, you do not need to opt out again.

You may exercise one or more of your opt-out choices described:

Call us toll free: 1-888-817-2970; Hearing impaired: 1-800-206-7986
You can opt out of e-mail solicitations at: http://preferences.capitalone.com.

Please have your account numbers available.

Joint/Multiple accounts:

If you have a joint account, your opt out applies to every person on the account.
If you have multiple accounts with us (e.g., another credit card account, car loan, money market), you must opt out separately for each account.

Why We Collect And Share Information
By knowing more about our customers, we and our business partners can provide specialized products and services that may be of interest to you and your family. We can help protect you from identity theft and fraud by verifying your identity when you open an account with us and when you make transactions. Also, by using "cookies" when you visit our Web sites, we learn about which parts of these sites consumers find most useful.

ADDITIONAL INFORMATION

We or our representatives may contact you by telephone from time to time in connection with your account. Please note that we may monitor or record any calls we make or receive.

TX Residents: Capital One Auto Finance, Inc., is registered under the laws of the State of Texas and by state law is subject to regulatory oversight by the Office of Consumer Credit Commissioner. Any consumer wishing to file a complaint against Capital One Auto Finance should contact the Office of Consumer Credit Commissioner through one of the means indicated below: In person or U.S. Mail: 2601 North Lamar Boulevard, Austin, Texas 78705-4207. Telephone No.: 800-538-1579. Fax No.: 512-936-7610. E-mail: consumer.complaints@occc.state.tx.us. Web site: www.occc.state.tx.us

Privacy and Security Tips to Protect Your Account

Protect your information. Never give your Social Security number or personal credit information over the phone or the Internet unless you initiate the communication. Keep your personal identification number (PIN) and password in a safe place. Try to memorize your PIN and password and do not write them down with your account information.
Destroy and/or securely store your account records. Tear or shred receipts, bank statements and unused credit card offers. Keep billing statements and other account related documents in a safe place.
Immediately report lost or stolen checks or credit cards.
Memorize your personal identification numbers—don't carry them in your wallet.
Promptly review all monthly financial statements and immediately report any discrepancies.
Retain receipts from all ATM, debit and credit card transactions. When you're ready to dispose of them, make sure your account number is not readable.
Immediately sign new credit cards.
Report unusual telephone or e-mail inquiries or other suspicious activity to your telephone company or local law enforcement authorities.
Learn about the children's Online Privacy Protection Act (COPPA) and follow the tips for parents at the Federal Trade Commission's Web site for children's privacy at http://ww.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html. We respect the privacy of your children, and we comply with the COPPA. We do not knowingly collect or retain personally identifiable information from individuals under the age of 13 online.
Regularly review your credit report. Keeping your credit report error free is important. Order a copy of your credit report and report any mistakes to the credit bureau and the creditor reporting the information. See www.ftc.gov for more information on how to request one free credit report per year from each credit bureau.

The three national credit bureau agencies are:

Equifax —www.equifax.com 1-800-685-1111
Experian —www.experian.com 1-888-397-3742
TransUnion —www.transunion.com 1-877-322-8228

Check your billing statements. Review your statements thoroughly. Contact all your creditors immediately if you notice incorrect transactions.
If you lose your credit card or suspect that you have been a victim of identity theft, immediately notify your creditors, local law enforcement and the credit bureau agencies listed above. If you think your identity has been stolen, you may want to visit http://www.consumer.gov/idtheft, sponsored by the Federal Trade Commission.
Update your personal information as necessary by calling us using the customer service number on your account statement.

Important Information About Credit Reporting
We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report.

For More Information About Our Privacy Practices:

Write us at P.O. Box 30285, Salt Lake City, UT 84130-0285

Visit our web site at www.capitalone.com

To opt out our, call our Opt Out line: 1-888-817-2970