ACKNOWLEDGMENT AND AGREEMENT
ABOUT THE COMPANY
a. We are not a lender and do not make loans or credit decisions in connection with loans. Instead, we offer a software platform, and refer a Business directly to a lender, Merchant Cash Advance provider or other provider of financial products for businesses, or we may refer a Business to a third-party partner who then may refer the Business to a lender, Merchant Cash Advance provider or other provider of financial products for businesses (the “Service”). We may share Business application information with more than one approved provider and/or approved third-party partner. Businesses who are not matched with a provider may be directed to a third-party website, which advertises third-party products and services (for additional information, see the section concerning Third-Party Websites, below).
b. We do not guarantee that we will match you with a lender, Merchant Cash Advance provider or other provider of financial products for businesses, or that your Application will be approved. Likewise, we do not guarantee the amount of funds that may be extended to you if a lender, Merchant Cash Advance provider or other provider of financial products for businesses provider approves your application.
c. We are not a party to any contract made between you and lender, Merchant Cash Advance provider or other provider of financial products for businesses for loans or advances. All rights and obligations under the terms of the contract for a loan or advance are solely between you and the lender or provider. We do not warrant, endorse, guarantee or assume responsibility for any lender or provider, or any product or service offered by a lender or provider. You should use your own judgment in deciding which available product, terms or lender best suits your needs and financial means.
d. In order to use the Service, you must complete and submit an application (the “Application”). A completed Application includes your personal information, such as full name, address, telephone number, email address, social security number, driver’s license number, employer information and banking information. By using the Service, you authorize us to transmit your Application to one or more lenders and/or third-party partners. In addition, you authorize our lenders and/or third-party partners to verify your Application information, including by performing a credit check. Lenders and/or third-party partners to whom we have provided your Application information as part of the Service may store your Application information indefinitely, whether or not you are qualified for a loan or Merchant Cash Advance. We do not have control over your Application information stored by our lenders and/or third-party partners, and therefore we assume no liability or responsibility for any unauthorized access to, or use of, your Application information stored by our lenders and third-party partners.
PERSONALLY IDENTIFIABLE INFORMATION
We collect and combine personally identifiable information (“PII”) and non-personally identifiable information (“Non-PII”) through various sources, including those discussed below. For your reference, PII is data collected with an intention to specifically identify, contact or locate a person, including but not limited to Social Security number, first name, last name, address, zip code, city, state, length of stay at address, whether you rent or own, your email address, driver’s license or state ID number, telephone number, work telephone number, time at which you may be contacted, birth date, birth year, your IP address and computer specifications, and other personal information you submit or upload through our Site. Conversely, Non-PII is data that is not used to specifically identify, contact or locate an individual, including but not limited to zip code, gender, age, or IP address.
We may obtain information about you from third parties, including credit reports, public records, and demographic information.
We also may collect information from you if you access our Site through an account created with a third-party website (e.g., Facebook, or LinkedIn). The option to access our Site via these third-party websites may occur and will be entirely at your option. The information we are able to migrate to our Site from these third-party websites will depend on the privacy settings that you have in place with the third-party site from which you log in. If you choose to log into the Site via a third-party website, you hereby consent to our access to and collection of such PII about you.
HARDWARE AND SOFTWARE INFORMATION
Information about your computer hardware and software is automatically collected by the Company, such as the website from which you came to our Site and your IP address, browser type and language, device ID and type, the operating system used by your device, access times, your mobile device’s geographic location while our application is actively running, and the referring website address. This information is used by the Company to maintain and improve the quality of the Service and to generate statistics regarding use of the Site. The Company does not use third party databases to correct or update the information you submit to us for any reason.
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any PII while on our site. If a user rejects the cookie, they may still use our site; however, without cookies the user may not have access to certain features on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. All cookies served on the domain, both session and persistent, are tied to the PII you provide.
Google Analytics — The Company may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it. Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use the Site. We then use the information to compile reports and to help us improve the Site. Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.
Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. We will not upload any data that allows Google to personally identify an individual (such as name, Social Security Number, email address, or any similar data), or data that permanently identifies a particular device (such as a unique device identifier if such an identifier cannot be reset). You can opt out of Google Analytics without affecting how you visit the Site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page.
Google Display Advertising — Additionally, the Company uses Google Analytics code that allows for certain forms of display advertising and other advanced features. Subject to change, the Google Display Advertising features the Company currently uses are Remarketing, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting. These features are used to advertise online; to allow third-party vendors, including Google, to show you advertising across the Internet; to allow the Company and third-party vendors, including Google, to use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and serve ads based on your past visits to the Site and to report how ad impressions, uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Site. Data from Google’s interest-based advertising or third-party audience data (such as age, gender, and interests) is also combined with Google Analytics to better understand the needs of the Company’s users and to improve the Site.
You may opt out of such display advertising at any time by visiting your Google Ads Settings page or by installing and running the Google Analytics Opt-out Browser Add-on.
Google Tag Manager: Our Site utilizes Google Tag Manager, an analytics service provided by Google. This service enables the Company to monitor and analyze web traffic and can be used to keep track of user behavior. To learn more, and to opt out of Google Tag Manager, visit the Google Privacy Page.
Pixel Tags: We embed pixel tags (also called web beacons or clear GIFs) on web pages, ads, and emails. These tiny, invisible graphics are used to access cookies and track user activities (such as how many times a page is viewed). We use pixel tags to measure the popularity of our features and services. Advertising companies also use pixel tags to measure the number of ads displayed and their performance (such as how many people clicked on an ad).
CORRECTING/UPDATING INFORMATION: Maintaining the accuracy of your information is a shared responsibility. We maintain the integrity of the information you provide us and will update your records when you notify us of a change. If you would like to verify any data that we have received from you, make any corrections or updates, or disable the use of your PII, please contact us at the mailing address or email address listed below.
Contact Information: iBusiness Funding, LLC, 9 East Loockerman Street, Suite 202-543, Dover, DE 19901 email@example.com
TRANSFERS TO OTHER COUNTRIES
USE OF INFORMATION AND INFORMATION SHARING
PRIVACY PERMISSIONS AND DO NOT TRACK SIGNAL
We collect and combine PII and Non-PII through various sources, including those discussed herein. When you submit your request for a demo, you are granting us permission to share your PII and Non-PII, including the contact and business funding request data you submit and/or upload with approved independent contractors and affiliate companies; you are also granting us permission to be contacted by us, our approved independent contractors and affiliate companies.
We do not engage in the collection of PII about an individual consumer’s online activities over time and across third-party Web sites or online services. We do not honor “do not track” signals. Users who chose to use “do not track” signals will still have access to our site. Other parties (i.e., ad networks, analytics providers, etc.) may collect PII about an individual consumer’s online activities over time and across different websites when a consumer uses our Site or services.
SHARING INFORMATION WITH AFFILIATE COMPANIES AND APPROVED INDEPENDENT VENDORS OR CONTRACTORS
When you submit your request for additional information, you are granting permission to be contacted by the Company, its parent, affiliate and sister companies, or its approved third parties, independent vendors or contractors. An affiliate company is a company that is owned in whole or in part by the Company or has common ownership with the Company.
We may share the contact request and application data you submit to us, which may include PII and Non-PII, with approved independent contractors or vendors, or parent, affiliate and sister companies to fulfill information requests we receive from you; to provide you with superior service; inform you of product and service opportunities that may be of interest to you; and for other business purposes The information you provide and upload through the application form or otherwise provide to the Company will be shared with approved independent contractors or parent, affiliate and sister companies, who may use some of this this information to evaluate your business’s eligibility for financial products available through their company and/or other third parties.
SHARING INFORMATION WITH OTHER THIRD PARTIES
We may disclose, or share your PII and Non-PII to third parties for the following purposes: (1) marketing, advertising, research, or other business purposes; (2) to third parties involved in the process of providing services to us or you or performing functions on our behalf, such as contractors, vendors and customer service providers (e.g., information technology or service providers). We do not sell your information to data brokers, but may sell an account in distress to a third party, and in so doing PII and Non-PII may be transferred to that third party.
These companies are authorized to use your PII only as necessary to provide these services to us – (a) to protect or enforce our rights or property, protect your safety or the safety of others, investigate fraud, or respond to a government request, such as a subpoena or other legal process by a governmental entity or third party, or if otherwise required by law; (b) to our parent, investors, affiliates, subsidiaries, partners, or auditors in the course of their review or auditing of our Company or for other business purposes, including without limitation to provide other services to you; and (c) in the event of the sale or dissolution (bankruptcy) of all of our assets, in which case, you will be notified, there after by a prominent notice on our Site of any change in ownership or uses of your PII, as well as any choices you may have regarding your PII.
We may also share your basic information (name, company name, phone number, and email address) with one of our business partners to market their services to you, provided, however, if you do not want us to share or sell your PII in these circumstances with these business partners, please contact us to opt-out by email at firstname.lastname@example.org or by postal mail at the contact information listed below.
CONFIDENTIALITY AND SECURITY
We use a variety of security technologies and procedures to help protect your PII and Non-PII from unauthorized access, use, or disclosure. For example, we store the PII and Non-PII you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your Non-PII against unauthorized access or use. For example, data can only be read or written through defined service access points, the use of which is password-protected. The physical security of the data is achieved through a combination of network firewalls (there is no direct communication allowed between the database server and the Internet) and servers with operating systems, all housed in a secure facility. Additionally, access to the system is controlled.
We restrict access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you.
As the Company develops, we may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that the Company or all of its assets are acquired, customer information, including any visitor information collected through the Site, would be one of the transferred assets.
The Company also reserves the right to disclose member information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, other visitors, members, or anyone else that could be harmed by such activities. The Company also reserves the right to disclose visitor or member information when we believe in good faith that the law requires it and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process.
WHAT YOU CAN DO TO PROTECT THE SECURITY OF YOUR INFORMATION
In addition to our own substantial efforts, you can take several precautions to protect the security of your computer and PII. For instance, you can start by using a complex/well-chosen password. You should avoid using any information that others can easily learn about you, such as a family member’s name or birthday; you can also use special characters in place of letters. We also recommend that you change your password frequently. You can also install and regularly update antivirus and firewall software to protect your computer or device from external attacks by malicious users.
If you use a computer that is accessed by other people, such as in a public library or Internet cafe, we recommend that you take special precautions to protect the security of your account and personal data. When you are finished using our site, close the browser window and clear the browser’s cache files.
You should also be aware of fraudulent attempts to gain access to your account information known as “phishing.” Phishing is a tactic used by scammers in which unsuspecting people are brought to a website by a genuine-looking email purporting to be from a legitimate company. The phony or “spoof” email takes the person to a website that looks legitimate but in fact is not. Either in the email itself or on this fake site, scammers will ask for login information to gain access to people’s accounts and withdraw their money. The Company will never ask you for your login information in the context of any email. In general, you can protect yourself against phishing by never providing personal or login information via an email, instead, go the web site directly. You might also make it a habit to check the URL of a website to be sure that it begins with the correct domain.
We, our affiliate companies, approved independent contractors and vendors, and/or third parties may promote product and service offerings via e-mail, MMS or SMS text message, or telephone to consumers and businesses who requested to be contacted either through our Site’s online forms’ Opt-in process or through an Opt-In process on our affiliate companies, approved independent contractors or vendors, and/or third parties’ website (“List Members”). List Members will receive e-mails, MMS or SMS text messages, or telephone contacts for as long as they wish to continue to receive such contacts.
In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS or MMS correspondence. You may opt-out and remove your SMS or MMS information by replying “STOP,” to the SMS or MMS text message you have received. If you remove your SMS or MMS information from our database it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you.
List Members can be removed from our contact lists at any time with no questions asked. To remove your information from our database to no longer receive future communications from us, click on the “unsubscribe” link found at the bottom of any e-mail sent by us or send a request not to be contacted any further to email@example.com. Email addresses and phone numbers received in an opt-out request will be added to our internal Do-Not-Contact registry within ten (10) days following receipt.
If a List Member chooses to be removed from our contact list, if applicable, we will also forward this request to the specific approved independent contractors or affiliate companies to whom we provided the List Member’s informational request, so that the List Member may be included on the third-party’s Do-Not-Contact registry as well. Please bear in mind that if your information was purchased commercially from a third-party vendor or affiliate, the Company may not be the only purchaser of your information. Additionally, any approved independent contractor or affiliate company may have purchased your contact information from an additional third-party and thus you may continue to receive contacts from those third-party companies. The Company is not responsible for stopping all unwanted contact from sources beyond our immediate control.
Section 326 of the USA PATRIOT ACT requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account or changes an existing account. This federal requirement applies to all new customers and current customers. This information is used to assist the United States government in the fight against the funding of terrorism and money-laundering activities. While the Company is not a financial institution, approved independent contractors we work with are financial institutions. What this means to you: when you submit information to the Company, we will ask for your name, physical address, mailing address, date of birth, and other information that will allow us to identify you. This information will be passed on to the approved independent contractors or third parties that you are connected with through the Site.
The Company does not knowingly collect information from children under the age of 18. No information is knowingly collected from children or used for any purpose whatsoever, including marketing and promotional purposes. If a parent or guardian is made aware that a child under the age of 18 has provided us with personally identifying information through any point of contact, please contact us at firstname.lastname@example.org, and we will delete the information about the child referenced from our files.
FOR CALIFORNIA RESIDENTS
On September 27, 2013, A.B. 370 was signed into law, amending the California Online Privacy Protection Act to require operators of commercial websites like the Site to disclose: (1) How the Site responds to “do not track” signals; and (2) Whether third parties collect PII about users when they visit the Site.
The Company does not engage in the collection of PII about an individual consumer’s online activities over time and across third-party websites or online services. The Company does not honor “do not track” signals. Users who chose to use “do not track” signals will still have access to the Site. The Company does not permit third parties to collect PII about an individual consumer’s online activities over time and across different websites when a consumer uses the Site.
If you are a California resident, the California Consumer Privacy Act of 2018 (“CCPA”) permits you to obtain certain disclosures about information you have shared with us in connection with your use of the Services. CCPA also provides you with certain rights with respect to this information.
The following is the personal information we collect: In the preceding twelve (12) months, we have collected the following personal information from the following categories of sources: (i) information provided by you, (ii) information we collected when you use our Services, or (iii) information received from third parties.
– First and last name, mailing and business address, online identifier (i.e., username and password), e-mail address, social security number, IP address, driver’s license number, and passport number;
– Personal information under California’s records destruction law (Cal. Civ. Code § 1798.8o(e): including: signature, first and last name, social security number, address, telephone number, job title, bank account number, or any other financial information
– Commercial information including records of personal property or services purchased, obtained or considered.
– Internet information including information about your internet connection, IP address, equipment used to access the Site and usage details, browser version, browsing and search history, and information that you search for using the Site.
– Audio data.
– Professional information and job title
– Inferences drawn from the above information which may include or reflect the consumer’s preferences, characteristics, trends, behaviors or abilities.
Use of Personal Information: We may use or disclose the personal information we collect from you for a number of purposes compatible for which it was collected or authorized by you, including for, but not limited to, the following purposes: (a) providing or improving our Services; (b) communicating with you; (c) marketing and advertising; (d) compliance purposes; (e) other business purposes; and (f) as set forth in detail above.
Sharing Personal Information: As noted above, we may disclose or share your personal information to a third party for a business purpose, including, but not limited to our parent, affiliates and subsidiaries and sharing with service providers to assist us in providing the Services, and to our business partners, including our bank partners. When we disclose your personal information to a third party for a business purpose, such disclosure is subject to a contract that describes the business purpose and requires such party to keep the information confidential and not use it for any purpose other than performing the contract. We further require the party to certify that it understands and agrees to comply with such restrictions.
Your Rights Regarding Personal Information: California residents may exercise the following rights regarding their personal information, subject to certain exceptions and limitations. While the CCPA becomes effective on January 1, 2020, some individuals may not be able to invoke these rights until January 1, 2021.
a. Right to Know and Access your Personal Information. You have the right to request that we disclose certain information we have collected, used and disclosed in the past 12 months. You have the right to know: (a) the categories and specific pieces of personal information we have collected about you; (b) the categories of sources from which your personal information was collected; (c) the purposes for collecting your personal information; (d) the categories of third parties with whom we have shared personal information; and (e)if your information is sold, lists of the categories of personal information sold and disclosed for a business purpose. You have the right to request additional information about data collection.
b. Right to Delete or be forgotten. You have the right to request that we delete any personal information we have collected from you. If we are unable to comply with your request, we will advise you of the reason, as the CCPA contains certain exceptions to this right.
c. Right to Opt-out of Sale of your personal information. We do not sell your personal information to third parties. However, as described above we may sell a distressed account to a third party, and PII and Non-PII may be transferred to the third party in connection with such sale.
d. Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.
To exercise any of the above rights, you may submit a request for access, to request additional information, to be deleted or forgotten, or to opt-out by calling 855-462-4249 (Attn: Legal Department) or submitting your request to email@example.com.
We agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and the Site, except for the Arbitration Agreement found in the Terms, which is governed by the Federal Arbitration Act.
The Site contains links to other websites belonging to third parties. Please be aware that the Company is not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Company.
We will retain your information for as long as needed to provide you services. In additional we are required to keep, retain your information as necessary to comply with our legal obligations, resolve disputes, and enforce agreements.
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org.
We treat information about our former customers in the same manner as we treat information about our current customers.
With your consent, we may send push notifications or alerts to your web browser or your mobile device. These notifications may include marketing messages from us or from third-parties. You can deactivate these messages at any time by changing the notification settings on your mobile device or browser.
REVIEWING AND CORRECTING YOUR PERSONAL INFORMATION
You can make a request to review and correct your Personal Information collected by sending an e-mail to email@example.com. You can help us to maintain the accuracy of your information by notifying us of any change to your mailing address, phone number, or email address.
YOUR CONSENT TO FUTURE CHANGES
Should you wish to opt-out of such future changes, you must communicate your request to opt-out to us in writing, either by email at firstname.lastname@example.org or at this address: iBusiness Funding, LLC, 110 Southeast 6th Street, Suite 700, Fort Lauderdale, FL 33301. The opt-out shall be effective ten (10) days after receipt. In the event you opt-out, our agreement will continue to be governed by the Terms in effect at the time you originally submitted your information, or at the time of the last update to which you did not opt-out.
110 Southeast 6th Street, Suite 700
Fort Lauderdale, Florida 33301
Last updated: March 30, 2020