Funderial® Privacy Policy

Last Updated: January 8, 2024

Summary

Thank you for visiting the Funderial® website located at www.funderial.com (the “Site”). The Site is owned and operated by Funderial LLC (“Funderial®,” “we,” “our” or “us”). The following Funderial® Website Privacy Policy (“Privacy Policy”) sets forth our policy with respect to the collection, storage, use and sharing of your personal information and other information that we collect from you. Please note, if you are a resident of, or physically located in, the United Kingdom or a European Union Member State, you are not permitted to use the Site and/or Site Offerings (as defined below).

Background

This Privacy Policy covers our treatment of personal information and other information that we collect when you: (a) access or use the Site; (b) access and/or view any of the text, blog posts, news articles, video and other information pertaining to small business loans and related financial products and/or services, as made available on the Site (the “Content”); (c) access links to Funderial’s™ social media pages/accounts on third party social media websites, such as Facebook®, Instagram® and LinkedIn® (collectively, “Social Media Pages”); (d) access information regarding employment opportunities available with Funderial® (“Career Opportunity Listings”); (e) access information regarding opportunities for your business to utilize the Funderial® referral network in a number of scenarios (“Referral Program”); and/or (f) utilize the various contact forms on the Site (collectively, the “Contact Services”) in order to submit a request to be contacted by Funderial® and/or Funderial’s™ third-party merchant loan product and/or service providers (“Third Party Services Providers”) in order to receive quotes and other information associated with small business loan, merchant cash advance and/or financing-related products and/or services as offered by the Third Party Service Providers (collectively, the “Third Party Products”) and/or Funderial® (“Funderial Products,” and together with the Site, Content, Social Media Pages, Career Opportunity Listings, Referral Program and Contact Services, the “Site Offerings”).

Capitalized terms not defined herein shall have the meanings set forth in the Funderial® Website Terms and Conditions made available on the Site (“Terms and Conditions”). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.

Your California Privacy Rights

If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please call us at: (888) 633-2083; email us as at: info@funderial.com; or send us U.S. Mail to: Funderial, 65 W 36th Street, Suite 901, New York, NY 10018.

Your Nevada Privacy Rights

If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please call us at: (888) 633-2083; email us as at: info@funderial.com; or send us U.S. Mail to: Funderial, 65 W 36th Street, Suite 901, New York, NY 10018.

Personal Information Collected

For the purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual. We collect personal information when you access certain of the Site Offerings (including the Contact Services) and complete the required information request form(s) and/or otherwise provide such information to us. The information that you must supply on the form(s) may include, without limitation: (a) your full name; (b) the name of your business; (c) your telephone number; (d) your email address; (e) the amount of financing that you are seeking; (f) your resume (where you are submitting a Career Opportunity Form); and/or (g) any other information requested on the applicable Form. For purposes of this Privacy Policy, items (e) and (f) in the preceding sentence shall be considered “Sensitive Information.”

Upon entering your Site Registration Data and clicking on the applicable submission button on the Site, Funderial® may contact you directly, via telephone or other means, in connection with your Contact Services request. Where Funderial® contacts you directly about your interest in Funderial Products and/or Third Party Products, Funderial® may request additional information, including: (i) information pertaining to the financial condition of your business; (ii) the EIN of your business; and/or (iii) your Social Security Number. For purposes of this Privacy Policy, items (i), (ii) and (iii) in the preceding sentence shall be considered “Sensitive Information.”

Use of Personal Information

By submitting your personal information by and through the Site Offerings, you agree that we may share such personal information (including Sensitive Information) with our Third Party Service Providers in order to complete your request for Contact Services. Our Third Party Service Providers may use the personal information that we transfer to them for any lawful purposes, subject to any restrictions contained herein including, without limitation, in connection with contacting you for purposes of completing your application for Third Party Products. The information that you must supply on any Third Party Products application hosted by the Third Party Provider(s) shall be determined by the applicable Third Party Service Provider(s) and any information that you subsequently supply to any Third Party Service Provider(s) shall be governed by such Third Party Service Provider(s)’ privacy policy(ies). Please be advised that Funderial® does not itself provide Third Party Products. The Third Party Products will be provided by Third Party Service Providers, and the ultimate terms and conditions of the Third Party Products will be determined by those Third Party Service Providers.

Please be advised that, in connection with the Funderial Product and/or Third Party Product review processes, Funderial® and its Third Party Service Providers may, among other things, verify your business’s EIN, verify your Social Security Number, perform a credit check and review your Registration Data against national databases that track business/consumer transactions with lending institutions. By submitting your Registration Form, you agree to allow Funderial® and its Third Party Service Providers to review, verify and research your Registration Data in such a manner.

Other than as set forth above, Funderial® will never share, sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes. By making that personal information available to Funderial®, you grant Funderial® the right, subject to applicable state and federal law, to use that personal information to contact you by telephone, email and to send you various marketing messages that contain promotional offers from Funderial®, as well as offers from Funderial’s™ third party partners, that Funderial® believes may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message or use any of the other options available in the “Opt-Out/Unsubscribe” section below.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include processing credit card and other payment transactions, sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users’ personal information as needed to perform these functions for us, but we do not permit them to use user personal information for other purposes.

We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the Site Offerings and/or to contact you for market research purposes. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings. We may also combine the information we have gathered about you with information from other sources.

By submitting your personal information by and through the Site Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Where you provide “prior express consent” within the meaning of the TCPA, you consent to receive from Funderial® or a specific Third-Party Service Provider telephone calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Site Offerings, and your consent simply allows Funderial®, or a specific Third-Party Service Provider for which you provided prior express written consent, to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Funderial® of the Phone Number Change via e-mail at: info@funderial.com, or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past personal information (including Sensitive Information): (i) in the event that we believe that the Site Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; (iii) if we are sold, merge with a third-party or are acquired by a third-party (collectively, “M&A Transactions”) (including where we share your personal information in connection with the due diligence process associated with a potential M&A Transaction); or (iv) if we are the subject of bankruptcy proceedings; provided, however, that if Funderial® is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via e-mail and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.

You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.

Non-Personal Information Collection and Use

IP Addresses/Browser Type

We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.

Cookies

When a user visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable user’s computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Site Offerings, including for storing user preferences and tracking Site-user trends (such as pages opened and length of stay at the Site).

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a user rejects a Cookie, she or he may still use the Site Offerings; provided, however, that certain Site Offerings-related functions may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.

Behavioral Tracking

Funderial® and its third-party partners, such as Google®, use Cookies, pixels and other tracking technology (collectively, “Tracking Technology”) to analyze trends, administer the Site, track users’ movements around the Site and to gather demographic information about our user base as a whole. In addition, we partner with third-parties to use Tracking Technology in connection with the display of advertising on our Site, and to manage the serving of our advertising to you on other websites when you exit the Site. Our third-party partners may use Tracking Technology to gather information about your activities on the Site and other websites in order to provide you with certain Funderial® advertising based upon your browsing activities and interests. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Site.

Users can opt-out of certain Google®-related tracking technology, and customize the Google® Display Network ads that they receive, by visiting the Google® Ads Settings at: http://www.google.com/settings/ads. Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is available here: https://tools.google.com/dlpage/gaoptout.

In addition, users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. Further, users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative, Facebook or Digital Advertising Alliance. Please note that opting out of this tracking activity does not opt you out of being served advertising. Even where you opt out of this tracking activity, you will continue to receive generic ads.

Cross Device Tracking

Funderial® tracks users’ use of the Site Offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your Site Offerings experience. Funderial® may collect certain of your personal information across various devices. Please be advised that where you opt-out of having your use of the Site Offerings tracked across devices, you may need to upload certain information multiple times and/or input your log-in information multiple times.

Aggregate Data

Funderial® reserves the right to transfer and/or sell aggregate or group data about users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Site Offerings users as a group, without disclosing personally identifiable information.

Social Media Websites

If you engage in any interaction with Funderial®, other end-users or any third-party on any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Funderial® responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Funderial’s™ social media accounts.

We are not responsible for the personal information that you choose to submit on any Social Media Websites. The Social Media Websites operate independently from Funderial®, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.

Third-Party Websites

This Site may contain links to third-party owned and/or operated websites including, without limitation, the Offer Websites operated by the Third-Party Service Providers. Funderial® is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Funderial® has no responsibility or liability relating to them.

Security

We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts users to enter Sensitive Information and when we store and transmit such Sensitive Information, that personal information is encrypted with advanced TLS (Transport Layer Security).

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our users’ personal information is restricted to our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need user personal information to perform a specific job are granted access to user personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store user personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. Funderial® does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Funderial® encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Opt-Out/Unsubscribe

To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: info@funderial.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from Funderial®, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to Funderial®.

Individual Rights: Deleting, Modifying and Updating Your Personal Information

At your request, we will: (a) inform you of what personal information we have on file for you, in a machine-readable format; (b) amend the personal information that we have on file for you; and/or (c) completely remove personal information that you have provided to us, or that we have collected, from our servers/databases. You may make such a request by e-mailing us at: info@funderial.com. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.

Please be advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Transfer of Personal Information Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of personal information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes to this Privacy Policy

Funderial® reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, Funderial® will notify users by: (a) sending the modified policy to our users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner, and we will only use your information in this different manner where you affirmatively consent to such use.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices in general, please call us at: 855-386-3464; email us as at: info@funderial.com; or send us U.S. Mail to: Funderial, 65 W 36th Street, Suite 901, New York, NY 10018.