CAPITAL BUSINESS CREDIT PRIVACY POLICY

Policy Effective: February 28, 2016.

Last Updated: February 28, 2016.

We have developed this Privacy Policy (the “Privacy Policy” or “Policy”) to inform you how Capital Business Credit, LLC (the “CBC” or the “Company” or “we” or “us”) will collect, process, store and/or use information, including personally identifiable information, you submit, or we collect from you through the Company’s websites (including associated subdomains) and offline activities such as phone calls and emails (the “Information”). The internet addresses for the the Company’s website is located at http://capitalbusinesscredit.com/, and includes https://lending.capitalbusinesscredit.com/ (the “Site”).

This Policy is governed by United States law. Please read it carefully. By using the Site, you are accepting the practices described in this Policy and accept its terms. You also give your express permission for us to collect, process, store, and use Information in accordance with this Policy.

The Company reserves the right to modify or amend this Policy at any time, but should it be necessary to do so, will notify you of any material changes to this Policy by posting such changes at the Site or by other acceptable means. All amended terms will automatically take effect thirty (30) days after we provide such notice, or on a date that we specify in the notice. Each version of the Policy is identified at the top of the page by its effective date. Your continued use of the Site after changes have been posted constitutes your acceptance of the Policy as amended. If you do not agree to the changes, please do not use the Site.

YOUR CALIFORNIA PRIVACY RIGHTS

Under California Civil Code Section 1798.83, you have the right to ask us not to use disclose your Information to third parties for the third parties’ direct marketing purposes (that is, “opt-out”). If you wish to opt-out of sharing your Information with third parties for direct marketing puroses, please send an email to customercare@capitalbusinesscredit.com with “Opt-Out” in the subject line. California residents may request further information about our approach to this law by writing to us at the address listed below and requesting further information.

INFORMATION SUBMITTED BY YOU

Information That You Provide To Us. You may be asked to provide us with following Information: name, address, email, telephone number, mobile phone number, social security number, financial information, credit information, social media log-in, user passwords, bank account information, birth date. The Information referenced in this paragraph that is provided by you is referred to as “Provided Information.” Certain Provided Information must be provided in order to process a borrower application and registration.

Responsibility for Information Provided. You are responsible for the content of the Provided Information and you must ensure it is legal, honest, truthful, accurate and not misleading in any way. You represent that you are authorized to provide the Provided Information to the Company, and that the Provided Information provided by you does not infringe on any rights of any third party (including, without limitation, rights of confidentiality, privacy, or publicity) or is otherwise legally actionable by such third party.

No Obligation. Use of the Site is entirely voluntary. Submission of Provided Information does not establish any obligation not listed in this Policy.

INFORMATION AUTOMATICALLY COLLECTED

We automatically receive and/or collect the following Information through the Site and store it in log files: IP address, operating system, browser type, browser language, resource requested, date and time of resource request, and HTTP referring resource (if provided by the browser).

Cookies. A cookie is a small file containing a string of characters that is sent to a computer when you visit a website. The Site uses cookies that are set by us or our third party partners. Cookies may store user preferences and other information. You can reset your browser to refuse cookies or to indicate when a cookie is being sent. However, some features or services of the Site may not function properly without enabling cookies.

Google Analytics™ service is installed on the Site. Information about data that Google Analytics collects is available at the following internet address: https://www.google.com/intl/en/analytics/standard/features/, and information about how Google uses data is available at the following internet address: www.google.com/policies/privacy/partners/.

Salesforce Pardot service is installed on the Site. Pardot’s privacy policy, permission-based marketing policy, terms of service, and master subscription agreement are available at the following internet address: http://www.pardot.com/company/legal/.

Social Networking Sites. The Site includes social media features and links. The social networking site may collect certain information about you, including but not limited to your IP address. Please see the privacy policy for the applicable social networking site to learn more about how these social networking sites share your personal information, which practices may differ from ours.

Additional Sources of Information. We may also collect information about you from additional online and offline sources. We may combine this information with the Information covered by this Privacy Policy.

DO NOT TRACK SIGNALS

The Site does not respond to Do-Not-Track (“DNT”) signals.

PURPOSES OF INFORMATION COLLECTION, PROCESSING, AND/OR USE

We use the Information to provide you with a superior experience and, as necessary, to administer our Company. We may use your Information in the following ways:

  • Provide you with functionality of the Site;
  • Administer and manage the Company;
  • Provide customer service and/or marketing products and/or services;
  • Comply with legal requirements, relevant industry standards, contractual obligations, and our policies;
  • Conduct research and perform analysis to measure, maintain, protect, develop, and improve our Site, products, and/or services;
  • Administer, enhance, and communicate with you regarding the Company’s events, marketing, and advertising;
  • Make communications necessary to notify you regarding security, privacy, and administrative issues;
  • Other purposes that we may specifically disclose at the time you provide or we collect Information.
Certain Information must be supplied during the borrower application and registration process, in order to:
  • Process applications and transactions;
  • Enable registered users to login to the Site;
  • Validate borrower identity and information;
  • Determine borrower’s eligibility for loans;
  • Establish borrower’s ability to request loans;
  • Guard against potential fraud.
When you register, we may use certain Provided Information to request a consumer report from a consumer-reporting agency as well as to assess overall financial situation. We may also use Information to facilitate activities and transactions that need to occur during the lending process, such as:
  • Enabling our financial services vendors to implement automatic payments and fund transfers;
  • Enabling our financial services vendors to view your account statements as needed;
  • Contacting you if there is a problem completing a transaction you requested or to discuss your account;
  • Implementing collection activities as needed;
  • Maintaining regular communications with you concerning transactions you initiate, such as requesting information or assistance, submitting a loan request, making payments, transferring funds, etc.

USER CHOICES

If you would like to review, update, or request changes to certain of your Provided Information that is collected through the Site, please contact us at the postal address listed at the end of this Policy, or at the following email address: customercare@capitalbusinesscredit.com.

INFORMATION SHARING

We may share Information as follows or as otherwise described in this Policy:

  • With Company employees that must access the Information in the borrower process, including underwriters, operations and collections personnel, and executive management;
  • With third parties that are involved in the process of providing the services that you request, such as debt-settlement companies, credit bureaus, customer service providers, collection agencies, and companies that provide services on our behalf as may be necessary;
  • With vendors, consultants and other service providers who need access to certain Information to carry out work on our behalf relating to the Site: website operation/hosting or information technology consulting services; website management; data analysis; fraud protection; product customization; customer service, marketing and promotions; data cleansing (if applicable); legal services; and other administrative and back-up and security services.
These third parties do not have the right to use Information we provide them in any way that is not authorized by us;
  • In response to a request for information if disclosure is required in accordance with any applicable law, regulation or legal process, or is otherwise required or permitted by any applicable law, rule or regulation;
  • To comply with any legal obligation;
  • To protect the rights, property or safety of the Company and others;
  • In connection with any merger, restructuring, reorganization, sale of the Company, assets, financing, or acquisition of all or a portion of our Company to another company, Information may be provided to the entities and advisors involved subject to a confidentiality agreement, and we will provide notice to you at your email address on file before Information is finally transferred and becomes subject to a different privacy policy. Such a transaction may involve us (i) retaining the right to continue to use transferred Information in addition to the right of the transferree to use such Information, and (ii) engaging in additional transfers of Information (including new Information) with the transferree from time to time following such a transaction.
  • With others with your consent or at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide such information.

NOT INTENDED FOR INTERNATIONAL USE

The Site is intended for use within the United States, and is not intended to be used in any other territory. The Site may function in countries other than the United States. If you use the Site from outside the United States, you explicitly accept that your Information may be transferred to, stored, and processed in the United States where laws regarding processing of personal information may differ than the laws of other countries. You are responsible for compliance with the laws of the jurisdiction in which you choose to use the Site.

You agree not to use the Site in any way that is in violation of the law of any country or jurisdiction. You further agree not to use the Site from a territory that is embargoed by the United States or from which it is illegal to receive products or services from the United States. You further agree to ensure that the Site will not accessed or used by persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

SECURITY

The Company takes appropriate physical, electronic, and procedural safegiards security measures to secure the Information. The security of your account also depends on the protection of your password. You should not share this password with anyone.

RETENTION OF INFORMATION

We retain Information as long as needed and in accordance with any applicable laws. We will retain and use Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

CHILDREN’S INFORMATION

The Site is marketed for, and directed to, use by adults or with the consent of adults. Individuals under the age of 18 are not permitted to use the Site without the supervision of a parent or legal guardian.

We do not knowingly collect or solicit Information from anyone who we know to be under the age of 13, or knowingly allow such persons to use the Site. Should we learn that someone under the age of 13 has provided Information through the Site, we will remove that Information as soon as possible.

If you are under the age of 13, you should use the Site only with the involvement of a parent or guardian and should not submit any Provided Information to us at all. To the extent possible, any Information from anyone who we know to be under the age of 13 will be destroyed.

CONTACT

Questions and requests related to this Policy may be directed to the postal address listed below, at the following email address: customercare@capitalbusinesscredit.com. We will respond to such requests in accordance with applicable law.

Capital Business Credit, LLC
Carmel Park II
11121 Carmel Commons Boulevard, Suite 270
Charlotte, NC 28226
Attention: Customer Service