The Sites are general audience websites and FundKite does not knowingly collect personal, or other, information from visitors under the age of 18. Visitors under the age of 18 should not use the Sites. If FundKite has reasons to believe that information provided to FundKite is, in fact, personal information of an individual younger than 18 years of age, such information will be deleted, aggregated, or anonymized as soon as possible. FundKite customer support should be notified about any and all instances of individuals under the age of 18 visiting the Sites of using the Services for FundKite to take action to prevent access of such individuals to FundKite Services.
FundKite collects certain information about Sites’ visitors and visitors’ business when Sites and Services are accessed and/or used.
The Sites collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information”). Personal information does not include:
To establish an account and access the Services, visitors will be asked to provide certain essential information about themselves and their business. This information is either required by law (e.g. to verify individual’s identity), necessary to provide the requested services (e.g. three (3) months of bank statements will have to be provided), or is relevant for certain specified purposes, described in greater detail below. As FundKite adds new features and Services, additional information may be requested.
FundKite may not be able to provide Services at all, or Services may be scaled down if certain information is not provided.
2.1 Directly Collected Information:
The documents and information collected are securely stored and safeguarded. To fulfill FundKite service obligations to its customers, customers provide their permission to share any and all information provided to or obtained by FundKite on customers’ behalf with lenders, with other businesses who may need this information to fulfill its services to FundKite, for FundKite’s business purposes, or to fulfill regulatory or other legal requirements. Under no circumstances will FundKite disclose, transmit, or share in any way, these documents without its customers’ permission, unless being disclosed pursuant to legal and regulatory requirements which prohibit this notification.
2.2 Automatically Collected Information
Certain information is automatically collected by FundKite about visitors’ use of or interaction with the Sites for a variety of purposes.
This automatically collected information helps FundKite address customer support issues, improve the performance of the Sites and Services, provide its customers with a streamlined and personalized experience, and protect customers’ account from fraud by detecting unauthorized access. Information collected automatically includes:
For example, FundKite may automatically receive and record the following information on its server logs:
FundKite may also use identifiers to recognize you when you access the Sites via an external link, such as a link appearing on a third-party site.
2.3 Information collected from third parties
Certain information may be obtained about visitors and customers from third party sources.
From time to time, FundKite may obtain information about visitors and customers from third party sources as required or permitted by applicable law. These sources may include:
2.4 Data Anonymization and Data Aggregation
FundKite may anonymize and aggregate collected data for any business purpose.
FundKite may use anonymized or aggregate customer data for any business purpose, including to better understand customer needs and behaviors, improve FundKite products and services, conduct business intelligence and marketing, and detect security threats. FundKite may perform FundKite own analytics on anonymized data or enable analytics provided by third parties.
Types of data FundKite may anonymize include, transaction data, click-stream data, performance metrics, and fraud indicators. Moreover, should the collected information be requested to be deleted in accordance with the policies set forth more fully below, the collected information will be anonymized or aggregated, in compliance with applicable law regarding deletion of personal information.
Information is obtained during the application process, and also through users’ interactions with the Sites.
Categories of personal information collected from the following sources:
The sites contain links to other websites that are maintained by third parties. These third parties are solely responsible for their own websites and FundKite encourage you to reach out to such third parties for copies of and information regarding their security practices. FundKite do not control, and are not responsible for, the privacy and security practices of these third parties.
Collected information is used for a variety of reasons, all of which support FundKite’s Sites and Services.
Provide FundKite Services: FundKite processes collected personal information to provide the Services to user. For example, when user seeks business financing from one of FundKite financing partners, FundKite’s require certain information such as user identification, contact information, and income information. FundKite cannot provide users with Services without such information.
To provide Service communications: FundKite sends administrative or account-related information to users to keep users updated about the Services, inform users of relevant security issues or updates, or provide other transaction-related information. Without such communications, users may not be aware of important developments relating to users’ account that may affect users’ use of the Services. Receipt of critical service communications, such as emails or mobile notifications sent for legal or security purposes, is not subject to the “opt-out” option;
To provide Customer service: FundKite processes users’ personal information when users contact FundKite to resolve any questions, disputes, collect fees, or to troubleshoot problems. Without processing users’ personal information for such purposes, FundKite cannot respond to users’ requests and ensure users’ uninterrupted use of the Services;
For research and development purposes: FundKite process your personal information to better understand the way you use and interact with FundKite’s Services. In addition, FundKite use such information to customize, measure, and improve FundKite’s Services and the content and layout of FundKite applications, and to develop new services. Without such processing, FundKite cannot ensure users continued enjoyment of our Services;
To enhance users' experience: FundKite processes users personal information to provide a personalized experience, and implement the preferences you request. For example, users may choose to provide FundKite with access to certain personal information stored by third parties. Without such processing, FundKite may not be able to ensure users continued enjoyment of part or all of our Services;
To facilitate corporate acquisitions, mergers, or transactions: FundKite may process any information regarding users account and use of the Services as is necessary in the context of corporate acquisitions, mergers, or other corporate transactions. Users have the option of closing users’ account if users do not wish to have their personal information processed for such purposes.
To maintain legal and regulatory compliance: Most of FundKite core Services are subject to laws and regulations requiring FundKite to collect, use, and store users’ personal information in certain ways. For example, FundKite must identify and verify customers using the Services in order to comply with commercial lending laws across jurisdictions.
To enforce FundKite terms in FundKite user agreement and other agreements: FundKite handles sensitive information, such as users identification and financial data, so it is very important for FundKite and FundKite customers that FundKite actively monitor, investigate, prevent, and mitigate any potentially prohibited or illegal activities, enforce FundKite agreements with third parties, and/or prevent and detect violations of FundKite posted user agreement or agreements for other Services;
To detect and prevent fraud: FundKite processes users personal information in order to help detect, prevent, and mitigate fraud and abuse of FundKite services and to protect users against account compromise or information loss;
To ensure Quality control: FundKite processes users personal information for quality control and staff training to make sure FundKite continue to provide users with accurate information. If FundKite does not process personal information for quality control purposes, on the use of the Services may be affected;
To ensure network and information security: FundKite processes users’ personal information in order to enhance security, monitor and verify identity or service access, combat spam or other malware or security risks and to comply with applicable security laws and regulations. The threat landscape on the internet is constantly evolving, which makes it more important than ever that FundKite have accurate and up-to-date information about users use of the Services. Without processing users’ personal information, FundKite may not be able to ensure the security of the Services;
FundKite may disclose users’ personal information as required by law, to provide the Services, and for legitimate business purposes.
FundKite may share users’ personal information by disclosing it to a third party for a business purpose. FundKite only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. FundKite does not sell personal information.
Users acknowledge and agree that FundKite may disclose information users provide if required to do so by law, at the request of a third party, or if FundKite, in FundKite sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law) and (2) protect or defend FundKite´s, or a third party´s, rights or property.
By signing up for the Services or submitting a request for a financing product or service as offered on the Sites, users signify users’ agreement to proceed and users’ consent, acknowledgement, and agreement to the disclosure of users’ information with lenders and/or brokers within FundKite network. No credit check will be conducted without users’ authorization. Please be aware that the funders, lenders, brokers, and/or other service providers with whom users are matched and with whom users’ information is shared, may retain users’ information, even if users do not enter into an agreement for sought products or services. Users may contact said third parties directly regarding said parties’ privacy and information policies. If an agreement between users and a lender, broker, or other service provider is signed through the FundKite Service and make changes to the information you have provided to FundKite, FundKite may share the updated information with such lenders, brokers, and/or service providers.
With service providers under contract who help with parts of FundKite business operations. FundKite contracts require these service providers to only use users’ information in connection with the services they perform for FundKite, and prohibit them from selling users’ information to anyone else. Examples of the types of service providers FundKite may share personal information with (other than those mentioned above) include:
With companies or other entities that FundKite plans to merge with or be acquired by. Users will receive prior notice of any change in applicable policies.
With FundKite professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services in order to complete third party financial, technical, compliance and legal audits of FundKite operations or otherwise comply with FundKite legal obligations.
We may disclose users’ personal information for any purpose with which users' consent.
Users may choose to update, access, or delete users’ data; however, FundKite may be legally required to retain users’ information for legal compliance purposes.
Users may update or access users contact information at any time by logging into users account and making any change or update. Any changes made will be updated immediately.
If users want to discontinue the use of users’ account, users may deactivate it. When users deactivate an account, users’ information will not be sent to any further lenders, brokers, or other third parties, but the information will not be deleted. By deactivating users account users will have the ability to restore the account in its entirety.
Users may delete users’ account from FundKite in certain circumstances upon submitting a request to FundKite to delete users’ account. In certain circumstances, FundKite is legally required to continue to maintain the information in users’ account. In these circumstances, FundKite will place users’ account into a deactivated status, will opt users out of all communications, and will disable users access to the account.
In the event that FundKite is able to comply with users’ request to delete users’ account, data users provide to FundKite will be retained by FundKite in a commercially reasonable manner and to comply with relevant lending laws. Once users’ account is deleted, FundKite will not share users’ information, and will only use users’ data for internal research and FundKite marketing. Data that is retained by FundKite will be retained for a commercially reasonable period of time as determined by FundKite in conformance with applicable law.
We store users' personal information securely throughout the life of users FundKite Account. FundKite will only retain users' personal information for as long as necessary to fulfill the purposes for which FundKite collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, information about FundKite typical retention periods for different aspects of users' personal information are described below.
Information collected via technical means such as cookies, web page counters and other analytics tools is kept for a period of up to one year from expiry of the cookie.
We have taken steps to protect users' information in a commercially reasonable manner.
In the event there is a data breach at FundKite, FundKite will notify users as soon as reasonably practicable. FundKite will notify users that a breach occurred, and any additional information needed to fulfill FundKite obligation with breach notification laws and regulations.
Do not share users account login and/or password with any other individual. Users account login and/or password is sensitive and users sharing of users account information may lead to additional exposure to users' account.
Users may choose to discontinue the use of the Services.
Users may choose to stop receiving FundKite newsletter or marketing emails by following the unsubscribe instruction included in these emails or users can contact FundKite at [email protected]
Users can choose not to provide FundKite with certain information, but this will likely result in the inability to use certain features of the Sites and to obtain the services and products users are seeking. As a general matter, users should refrain from posting personal information on public forums. Users are solely responsible for the posting of any personal information on public forums.
If, after signing up for the Services, users decide not to receive the Services or future contact from lenders, brokers, or other third parties to which users' information has been referred, users may cancel users account as discussed herein. Upon canceling users’ account, users’ information will no longer be sent to lenders, brokers, or other third parties. This does not guarantee that these lenders, brokers, or other third parties will cease contacting users or using users information. Said lenders, brokers, and/or other third parties may need to be contacted by the users to ensure they cease contacting users.
Certain federal and state regulations require that FundKite maintain a record of users information for certain periods of time. Due to these regulations, FundKite may be unable to completely delete users information from FundKite database until the time requirements of these regulations have expired.
Users may be able to exercise certain rights regarding users’ personal information depending on state and federal laws.
Depending on applicable law where users reside, users may be able to assert certain rights related to users’ personal information identified below. If any of the rights listed below are not provided under law for users’ operating entity or jurisdiction, FundKite has absolute discretion in providing users with those rights.
Users’ rights to personal information are not absolute. Depending upon the applicable law, access may be denied: (a) when denial of access is required or authorized by law; (b) If users are residents of a state that does not provide for this right; (c) when granting access would have a negative impact on another’s privacy; (d) to protect FundKite rights and properties; or (e) where the request is frivolous or vexatious, or for other reasons.
Users may request that FundKite provide users a copy of users personal information held by FundKite. This information will be provided without undue delay subject to a potential fee associated with gathering of the information (as permitted by law), unless such provision adversely affects the rights and freedoms of others. In certain circumstances, users may request to receive users personal information in a structured, commonly used and machine-readable format, and to have us transfer users' personal information directly to another data controller.
Users may request to rectify or update any of users’ personal information held by FundKite that is inaccurate. Users may do this at any time by contacting FundKite at [email protected].
To the extent the processing of users personal information is based on users’ consent, users may withdraw users consent at any time. Users’ withdrawal will not affect the lawfulness of FundKite’s processing based on consent before users withdrawal.
In some jurisdictions, applicable law may give users the right to restrict or object to us processing users personal information under certain circumstances. FundKite may continue to process users personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
FundKite relies on automated tools to help determine whether a transaction or a customer account presents a fraud or legal risk. In some jurisdictions, users have the right not to be subject to a decision based solely on automated processing of users’ personal information, including profiling, which produces legal or similarly significant effects on users, save for the exceptions applicable under relevant data protection laws.
Users can make privacy rights requests relating to users’ personal information by contacting FundKite at [email protected] or by contacting customer service at (877) 505-5003. When FundKite receive an individual rights request via other intake methods, FundKite may take steps to verify users’ identity before complying with the request to protect users’ privacy and security.
If users believe that FundKite have infringed users’ rights, FundKite encourage users to contact FundKite at [email protected]
Some states have passed additional privacy laws for residents, which rights can be found below.
In addition to the rights provided for above, the information contained in this section applies solely to those individuals who reside in the State of California. FundKite adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.
Effective January 1, 2020, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights in relation to their personal information, subject to limited exceptions. Any terms defined in the CCPA have the same meaning when used in this California Privacy Rights section.
For personal information collected by FundKite during the preceding 12 months that is not otherwise subject to an exception, California residents have the right to access and delete their personal information. FundKite will not discriminate against those who exercise their rights. Specifically, if users exercise users rights, FundKite will not deny users services, charge users different prices for services or provide users a different level or quality of services.
FundKite does not sell or share users’ information in a manner that is contemplated by applicable California law.
Should FundKite engage in any of the activities listed in this section, users’ ability to exercise these rights will be made available to users. Users can exercise users' rights by contacting FundKite at [email protected], by contacting customer service at (877) 502-5003, or by filling out this online form so that FundKite may consider users request.
If users are a California residents, users may designate an authorized agent to make a request to access or a request to delete on users behalf. FundKite will respond to users authorized agent’s request if they submit proof that they are registered with the California Secretary of State to be able to act on users' behalf or submit evidence users have provided them with power of attorney pursuant to California Probate Code section 4000 to 4465. FundKite may deny requests from authorized agents who do not submit proof that they have been authorized by users to act on their behalf, or are unable to verify their identity
Vermont residents have access to additional limits on the sharing of their personal information subject to certain exceptions.
Vermont law places additional limits on sharing information about Vermont residents so long as they remain residents of Vermont. In accordance with Vermont law, FundKite will not share information FundKite collect about Vermont residents to companies outside of FundKite except: (1) As permitted by law; (2) To companies that perform marketing or other services on FundKite behalf; (3) Name, contact and transaction and experience information to other financial institutions with which FundKite have joint marketing agreements; or (4) With the authorization or consent of the Vermont resident. FundKite also will not share non-transactional information about Vermont residents received from others within the FundKite family of companies except with the authorization or consent of the Vermont resident.
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