Privacy Policy

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‍Personal Information We Collect and How. We use the term “personal information” in this Privacy Policy to describe 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 individual, household, or device.  We do not consider personal information to include information that has been aggregated and/or otherwise de-identified such that it does not identify a specific individual, household or device. We generally collect personal information in two ways: 1) information you provide to us, and 2) information we collect automatically, as described further below. We collect your name, email address, and phone number when you request funding information through the Site under “Request Offers”. You may provide business or personal contact information; it is up to you. We may collect all of the same information if you speak to or otherwise interact with (e.g., by email or phone) with one of our customer service representatives or complete an application to receive funding offers. In order to match you with available funding options, we further collect information about the business that would be using the funds.
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The application to receive funding offers also requests the following information about the business owner and co-owner: home address, home phone number, mobile phone number, date of birth, social security number, and whether there are any state/federal tax liens pending against the business owner or lawsuits or judgments pending against the business owner.  
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We do not collect payment card information, but we may collect bank statements and tax returns as part of processing an application for funding, which would be shared with the funding source from which you request funding. Business bank statements and business tax returns may reveal the name, address, telephone number, social security number, birth date, and bank account information of individuals associated with the business, including such information about a spouse and children named in the tax return. We also collect a voided check in order to set up a deposit of funds to customer bank account, as part of processing an application for funding, which would be shared with the funding source from which you request funding.

We may obtain personal information about you from third parties, including background or credit check agencies, and public records. Public records and background checks may reveal other funding or debt associated with the business or business owner and/or his or her spouse.

Whenever you interact with the Site, we, as well as our service providers, may use assorted technologies, such as cookies and other technologies, that automatically or passively collect data about how the Site is being accessed and used. This data may include browser type, unique number assigned to identify the device, operating system, application version used to access the Site, click path taken through the Site, your use of features or applications within the Site, and other usage information (“Use Data”). This information helps us manage, improve and customize ourServices, including the Site’s features and functionality, and may be used to identify you like personal information.

HOW WE USE PERSONAL INFORMATION.
‍We may use your Personal Information for one or more of the following purposes:

• provide you with lending and funding options and connect you with lenders;
• provide you with Services and customer support; deliver service update notices and promotional offers, answer questions and respond to your requests, and otherwise to communicate with you;
• determine your location and the location of lenders, and correlate your location with available funding options  for the purpose of providing you with the options and Services;
• maintain the security and integrity of the Services, our technology, assets, data and business; engage in detection and prevention of fraud or other illegal activities and debugging;
• enforce our website Terms of Use, including to prevent potential breaches;
• respond to law enforcement requests and as required by applicable law, court order, or governmental regulations, or comply with subpoena, court order, legal process or obligations;
• test, personalize, develop and improve the Services;
• advertise and market our products and services, and the products and services of certain lenders and other service providers that may be of interest to small business, including by presenting tailored content and advertisements through our Site, third-party sites, email or text message (with your consent, where required by law);
• detect or prevent security incidents or other illegal activity; for debugging and fraud prevention;
• use the information as reasonably necessary and proportionate to achieve our operational or notified purpose for collecting personal information and as compatible with the context in which it was collected; and  
• evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users, online visitors, business contacts or employees is among the assets transferred.

HOW WE SHARE PERSONAL INFORMATION.
We share personal information with third parties, as follows:

• Lending Industry. We may disclose your personal information to third parties to assist with our fulfilling your requests to us to refer or recommend funding options, including to lenders and other sources of funding.
• Service Providers. We engage with select service providers who provide services to support our operations such as: web hosting; data management; advertising and marketing vendors, and other service providers. Such service providers will be limited to using your personal information to provide their services to us, or as otherwise permitted by law. If you request services via a mobile device, your request will be transmitted via your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policy for additional information.
• Certain Mobile Carriers. If you request Services via a mobile device, your request will be transmitted via your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policy for additional information.
• Other Parties. As further described in the “HOW WE USE PERSONAL INFORMATION” section above, we may share your information when we have reason to believe that disclosing the information is necessary to prevent fraud, damage to person or property, investigate, protect and secure our business, assets, user accounts or enforce legal rights or comply with subpoena, court order, legal process or obligations. We reserve the right to disclose any personal information as needed if that information is requested by law enforcement agencies or if we are required to do so by law or court order.
• Successor Entities. We reserve the right to sell, disclose or transfer your Personal Information to a successor entity in the event of a corporate merger, consolidation, sale of assets or other corporate changes respecting UpCrunch.

“DO NOT TRACK”; OTHER TRACKING. We do not honor “do not track” requests for the Site sent from a browser, but third parties (other than our service providers assisting with making the Services available) do not have authorization from us to track your use of the Services or track what other activities a user may have engaged in before or after using the Services (for example, using a different website).

SECURITY. We use reasonable administrative, technical, and physical security measures to protect personal information against loss, misuse, and unauthorized access, but no online or mobile communication is guaranteed to be 100% secure.

Third-Party Links.  The Site and Services may make available links to the websites of our marketing partners, advertisers, social media sites, and other third parties.  If you follow a link to any of these websites, please note that these third parties have their own privacy policies, and that UpCrunch does not accept any responsibility or liability for such third party privacy policies or practices.  Please check the individual policies before you submit any information to or through any linked third party website.

Changes to Privacy Policy. We reserve the right to change or replace this Privacy Policy at our sole discretion at any time and we encourage you to review this Privacy Policy periodically.  If we make material changes to this Privacy Policy, we will post the updated Privacy Policy on this page.  Any changes to the Privacy Policy will become effective upon posting of the revised policy on the Site.  Your continued use of the Site or our Services following the posting of changes constitutes your agreement to such changes.  

YOUR PREFERENCES. You can update your preferences regarding how we contact you. If you receive a text message from us to coordinate follow-up, you may always text STOP to opt out. If you receive emails with products or offers that may be of interest to you, you may opt out of marketing communications by unsubscribing within the email. Please note that you may continue to receive emails with information about requested funding options, even if you opt-out of marketing emails. Feel free to contact us with any other requests or preferences, including to update or change your personal information. See “CONTACT US” below.

Contact Us.  If you have any questions about our Privacy Policy, please feel free to contact us at privacy@upcrunch.com.

California residents exercising their rights described under the NOTICE TO CALIFORNIA RESIDENTS section below may call us at 844-280-0971 or access our web form at the DO NOT SELL MY INFO link on www.upcrunch.com.

California residents who wish to opt out of the sale of their personal information may use the DO NOT SELL MY INFO button on www.upcrunch.com to submit the request, but please be aware that doing so may limit the third-party funding options we may be able to present for your consideration.  

A number of states are currently considering enacting laws similar to the California laws under “NOTICE TO CALIFORNIA RESIDENTS” below. If you are a resident of a state that enacts such a law, please use the contact information above to contact us with any questions, requests or comments.

Children. The Site and Services are not intended for use by children, and we do not knowingly collect personal information from children under 13. If we learn that we have inadvertently collected the personal information of any such individual, we will take steps to delete the information as soon as possible.  

Notice to NON-U.S. Residents. We are headquartered in the United States and currently our Site and Services are only intended for individuals located in the United States. If you are located outside of the United States, be advised that any information you provide to us will be transferred to and stored in the United States and that, by submitting information to us, you explicitly authorize its transfer and storage within the United States.  We will protect the privacy and security of personal information according to this Privacy Policy regardless of where it is processed or stored.

Notice to California Residents. The information included in this section applies to residents of California. If you have questions about this Privacy Policy, including anything in this section for California residents, or would like a printed copy of this Privacy Policy, please refer to the CONTACT US section above. If you would like to print a copy of this Privacy Policy, please select the “Print” button in your web browser.

Collection and Use of Personal Information
‍For details on the personal information we collected about California residents in the last 12 months, the sources of that information, our business or commercial purposes for collecting that information, and the third parties with whom we shared that information, please refer to the corresponding sections of this Privacy Policy as follows:

• See chart immediately below for categories of personal information collected
• See “PERSONAL INFORMATION WE COLLECT AND HOW” for sources from which, or how, the personal information was collected (i.e., directly from you or from our service providers)
• See “HOW WE USE PERSONAL INFORMATION” for our business or commercial purposes for collecting personal information
• See “HOW WE SHARE PERSONAL INFORMATION” for third parties with whom we share personal information

Collection and Use of Personal Information
‍For details on the personal information we collected about California residents in the last 12 months, the sources of that information, our business or commercial purposes for collecting that information, and the third parties with whom we shared that information, please refer to the corresponding sections of this Privacy Policy as follows:
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We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Your CCPA Rights and How to Exercise Them (California Residents Only)
‍If you are a California resident, you have certain rights, pursuant to the California Consumer Privacy Protection Act (“CCPA”). These CCPA rights may only apply in certain circumstances and are subject to certain exemptions.  Please see the information below for a summary of your rights, how to exercise your rights and the information we require in order to respond to your requests. Please note that we may ask for certain information to verify the request in accordance with applicable law.  

• Right to Know. You have the right to request that we disclose what personal information we collect, use, disclose and/or sell about you. To exercise your right to know, please refer to the CONTACT US section above to submit your request. You will be required to provide certain information which we will use to verify your request.
• Right to Delete. You have the right to delete personal information that we collect or maintain about you. To request deletion of your information, please refer to the CONTACT US section above to submit your request. You will be required to provide certain information which we will use to verify your request. Please note that certain exceptions apply to this right, such as when we must retain your information to comply with law. We will notify you of any such exceptions as applicable to your request.
• Right to Opt-Out of Sale. You have the right to opt-out or ask us not to sell your personal information. To exercise this right, click the Do Not Sell My Info link on www.upcrunch.com or call us as described under CONTACT US above.
• You are welcome to change your mind and opt back in at any time. We may not request that you change your mind for at least 12 months after you opt-out.
• Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of any of your CCPA rights. However, we may offer certain financial incentives, charge reasonable fees related to your requests, or deny your right to know, right to request deletion, or right to opt-out of sale in accordance with applicable law.
• Right to an Authorized Agent. You can exercise your CCPA rights yourself or you can designate an authorized agent to make a request on your behalf. Your authorized agent must be able to demonstrate authority to act on your behalf as further instructed when submitting a verifiable request.

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‍Disclosure or Sale of Personal Information
‍Under the CCPA, a “sale” means providing to a third party personal information for valuable consideration. It does not necessarily mean money was exchanged for the transfer of personal information. In the last 12 months, we disclosed or sold personal information to third parties as follows:

• UpCrunch is required to tell California residents that in the past 12 months, we sold the categories of Personal Information shown in the chart above in this “NOTICE TO CALIFORNIA RESIDENTS” section when we shared it with our service providers because of how broadly “sell” is defined under the CCPA.
• The same categories of Personal Information were also disclosed to our service providers for the business or commercial purposes described in “How We Use Personal Information” above.
• UpCrunch is required to tell California residents that in the past 12 months, we sold personal information of the types we collect as described in “PERSONAL INFORMATION WE COLLECT” above to lenders and other funding sources to be able to offer funding options because of how broadly “sell” is defined under the CCPA. If you would like to have your information removed from such lists, please click the DO NOT SELL MY INFO button indicated above.
• We do not knowingly collect the personal information of minors under age 16 from such minors and do not sell such information. Funding products are directed to adult business owners.  

Third-Party Marketing Disclosure Under California Civil Code Section 1798.83 (The “Shine the Light” law), California residents with whom we have a business relationship can request certain information regarding what types of personal information, if any, we shared with third parties for the direct marketing purposes of the third parties and the identities of the third parties with whom we shared such information in the immediately preceding 12 months. You may request this information by referring to the CONTACT US section above.  

Notice to NEVADA Residents. Please refer to the “NOTICE FOR CALIFORNIA RESIDENTS” section above for the categories of personal information we collect, including information about online activities, and with whom we share it. Please use the CONTACT US section above to opt out of the sale of your personal information if desired, or otherwise contact us regarding your personal information.