Effective Date: 05/05/2019
First Access Funding, a California limited liability company (the “Company”), respects your privacy and is committed to protecting it through its compliance with this policy.
This policy describes the types of information the Company may collect from you or that you may provide when you visit the website www.firstaccessfunding.com (the “Website”) and the Company’s practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information the Company collects:
• On the Website.
• In email, text, and other electronic messages between you and the Website.
• When you interact with the Company’s advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
• When you interact with the Website through third-party social media platforms.
It does not apply to information collected by:
• the Company offline or through any other means, including on any other website operated by the Company or any third party (including the Company’s affiliates and subsidiaries); or
• any third party (including the Company’s affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from (or on) the Website.
1. Children Under the Age of 13
The Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to the Website. The Company does not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Website or on or through any of its features or provide any information about yourself to the Company, including your name, address, telephone number, email address, or any screenname or username you may use. If the Company learns that it has collected or received personal information from a child under 13 without verification of parental consent, the Company will delete that information. If you believe the Company might have any information from or about a child under 13, please contact the Company at email@example.com.
1. Information the Company Collects About You and How the Company Collects It
The Company collects several types of information from and about users of the Website, including information:
• by which you may be personally identified, including your name, postal address, email address, telephone number, social security number, banking information, credit history, any other information a lender or financial service provider might require, and any other information that the Website collects about you and your business that is defined as personal or personally identifiable information under applicable law (“personal information”);
• that is about you but individually does not identify you, including your location or any other optional information you provide about yourself; and
• about your Internet connection, the equipment you use to access the Website, and usage details.
The Company collects this information:
• Directly from you when you provide it to the Company.
• Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, the Company’s business partners.
Information You Provide to the Company
The information the Company collects on or through the Website may include:
• Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, uploading information and documents, or requesting further services. The Company may also ask you for information when you report a problem with the Website.
• Records and copies of your correspondence (including email addresses), if you contact the Company.
• Your responses to surveys that the Company might ask you to complete for research purposes.
• Details of transactions you carry out through the Website and of the fulfillment of your requests.
• Your search queries on the Website.
You also may provide information to be published or displayed (“posted”) on public areas of the Website, or transmitted to third parties such as lenders or other financial service providers (collectively, “user contributions”). Your user contributions are posted on and transmitted to others at your own risk. Although the Company uses commercially reasonable encryption and other data security practices, please be aware that no security measures are perfect or impenetrable. Additionally, the Company cannot control the actions of lenders and other third party financial service providers. Therefore, the Company cannot and does not guarantee that your user contributions will not be viewed by unauthorized persons.
Information the Company Collects through Automatic Data Collection Technologies
As you navigate through and interact with the Website, the Company may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
• Details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and Internet connection, including your IP address, operating system, and browser type.
• Information about your mobile device and Internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
The Company also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information the Company collects automatically is statistical data and does not include personal information, but the Company may keep it or associate it with personal information the Company collects in other ways or receives from third parties. It helps the Company to improve the Website and to deliver a better and more personalized service, including by enabling the Company to:
• Estimate the Website’s audience size and usage patterns.
• Store information about your preferences, allowing the Company to customize the Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to the Website.
The technologies the Company uses for this automatic data collection may include:
• Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, you can access your Flash management tools from Adobe’s website.
• Web Beacons. Pages of the Website (and the Company’s emails) may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages (or opened an email) and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). If you want to learn more about web beacons, please visit www.allaboutcookies.org/web-beacons/.
The Company does not collect personal information automatically, but it may tie this information to personal information about you that the Company collects from other sources or you provide to the Company.
The Company does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
1. How the Company Uses Your Information
The Company uses information that it collects about you or that you provide to the Company, including any personal information:
• To present the Website and its contents to you.
• To provide you with information, products, or services that you request from the Company.
• To fulfill any other purpose for which you provide it.
• To carry out the Company’s obligations and enforce its rights arising from any contracts entered into between you and the Company.
• To notify you about changes to the Website or any products or services the Company offers or provides through it.
• To facilitate activities and transactions that occur in connection with marketing, underwriting, lending, servicing, and collections.
• To provide customer support.
• To protect against potentially prohibited or illegal activities, including fraud.
• To fulfill legal requirements.
• To provide targeted marketing and advertising.
• To verify your identity and conduct appropriate due diligence.
• To process your application and determine whether your business qualifies for the services or products requested.
• In any other way the Company may describe when you provide the information.
• For any other purpose with your consent.
The Company may also use your information to contact you about its own and third parties’ goods and services that may be of interest to you. If you do not want the Company to use your information in this way, please send the Company an email at firstname.lastname@example.org. For more information, see What choices do you have about how the Company uses and discloses your information.
The Company may use the information it has collected from you to enable the Company to display advertisements to its advertisers’ target audiences. Even though the Company does not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
1. Disclosure of Your Information
The Company may disclose aggregated information about its users, and information that does not identify any individual, without restriction.
• To the Company’s subsidiaries and affiliates.
• To contractors, service providers, and other third parties the Company uses to support its business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which the Company discloses it to them.
• To lenders and other financial service providers that may be able to assist you with your search for business financing.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about the Website users is among the assets transferred.
• To third parties to market their products or services to you if you have not opted out of these disclosures. The Company contractually requires these third parties to keep personal information confidential and use it only for the purposes for which the Company discloses it to them. For more information, see Choices About How the Company Uses and Discloses Your Information.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by the Company when you provide the information.
• With your consent.
The Company may also disclose your personal information:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• If the Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, its customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
1. Choices About How the Company Uses and Discloses Your Information
The Company strives to provide you with choices regarding the personal information you provide to it. The Company has created mechanisms to provide you with the following control over your information:
• Disclosure of Your Information for Third-Party Advertising. If you do not want the Company to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by sending the Company an email stating your request to email@example.com.
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote its own or third parties’ products or services, you can opt out by sending the Company an email stating your request to firstname.lastname@example.org. If the Company has sent you a promotional email, you may send the Company a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of services you request from it or other transactions.
• Targeted Advertising. If you do not want the Company to use information that it collects or that you provide to it to deliver advertisements according to its advertisers’ target-audience preferences, you can opt-out by an email stating your request to email@example.com. The Company does not control third parties’ collection or use of your information to serve interest-based advertising. But these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
1. Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send the Company an email at firstname.lastname@example.org to request access to, correct, or delete any personal information that you have provided to the Company. The Company cannot delete your personal information except by also deleting your account. The Company will not accommodate a request to change information if it believes the change would violate any law or legal requirement or cause the information to be incorrect.
1. Your California Privacy Rights
California Civil Code Section 1798.83 permits users of the Website that are California residents to request certain information regarding the Company’s disclosure of personal information to third parties for their direct marketing purposes. To make this request, please send an email to email@example.com.
1. Data Security
The Company has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to the Company is stored on its secure servers behind firewalls. Any transactions involving sensitive personal information will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where the Company has given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. The Company asks you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although the Company does its best to protect your personal information, the Company cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. The Company is not responsible for circumvention of any privacy settings or security measures contained on the Website.
1. Do Not Track Policy
Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. The Company is committed to providing you with meaningful choices about the information it collects and that is why the Company provides you the ability to opt out. But the Company does not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com.
1. Links to Other Websites
The Website contains links to other websites. Please be aware that the Company is not responsible for the content or privacy practices of those other websites. The Company encourages its customers to be aware when they leave the Website and to read the privacy statements of any other website that collects personally identifiable information.
1. No Rights of Third Parties
This policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Website.
1. Transfer of Information to the United States
This Website is operated in the United States and intended for users located in the United States only. If you are located outside of the United States, please be aware that information the Company collects, including personally identifiable information, will be transferred to, and processed, stored, and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your personally identifiable information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Website or providing the Company with any information, you consent to the transfer to, and processing, usage, sharing, and storage of your information, including personally identifiable information, in the United States as set out in this policy.
1. Contact Information
First Access Funding