Loanspark, LLC

Privacy Policy Applicable to Business Financing Matching Request Applicants

This Privacy Policy is effective for all Merchant Users applying for potential business financing matching and is effective as of 4/30/2022. This Privacy Policy pertains to the application portal each Merchant enters when the Merchant chooses to proceed with a potential business financing matching request application.

This Website, and portal through which you will be providing information about your business and you and/or others as principals and/or potential personal guarantors of the business’ financing is operated by Loanspark, LLC (“Marketplace Provider”), the operator of the Marketplace.

Before you initially enter any detailed information about your business you and/or your business partners, you will be prompted to create an account and reconfirm your agreement with this Privacy Policy and the Terms of Use.

This Privacy Policy describes the Marketplace Provider’s information handling practices when you access their services and provide information through the application portal. This Privacy Policy does NOT apply to other sites owned and operated by AXS Capital (the “Referral Partner’) nor does it apply to any of the Referral Partner’s other business activities.

Your use of this portion of the Website, and your submission of information through this portal is subject to this Privacy Policy and the Terms of Use.

Please know that the Terms of Use contain a binding arbitration clause and class action waiver that impact your rights regarding resolving disputes that are not otherwise waived pursuant to the terms of your agreement with the Marketplace Provider. If you live in the United States, such provisions are binding on you and the Marketplace Provider. Please read the arbitration clause and class action waiver contained in the Terms of Use carefully. If you disagree or are uncomfortable with the Terms of Use, or this Privacy Policy, please discontinue your use of the Website and related services, otherwise, you will have consented to arbitrate disputes that are not otherwise waived pursuant to the terms of your agreement with the Service Provider which arise under and/or are related to the Services provided through this Site and this portal, and this Privacy Policy and the Terms of Use.

Remember, before you can proceed with the creation of your account and begin the initial application process so that the Marketplace Provider may identify Marketplace Participants with which business funding products and programs may meet your business needs, you must review and accept this Privacy Policy. If you have any questions about this Policy, please submit an email detailing your questions or concerns to [email protected]

Business to Business: The Marketplace Provider offers these resources and its Services only to Merchants. This resource and the Marketplace Provider’s Services are not for residential and/or personal loans. While the Marketplace Provider collects certain personal information from you, on behalf of potential Marketplace Participants, that information is to allow Marketplace Participants to evaluate you as a guarantor of a business financing transaction. These Services are not to facilitate, nor are they, consumer transactions.

Geographic Considerations: The Marketplace Provider is based in the United States, and its Services and resources are only available for merchants in the United States. These services and practices are evaluated and based on United States’ laws, rules and regulations. The Marketplace Provider will only facilitate the business financing application process for merchants and their business owners/guarantors in the United States.

Children's Privacy: These Services and this Website is not intended for persons under the age of 18 (or the age of majority in your state). The Marketplace Provider does not knowingly receive or solicit data from children under 18 years of age (or the age of majority in your jurisdiction). By using the Website, you represent to the Marketplace Provider, intending for the Marketplace Provider to rely thereon, that you are at least 18 (or the age of majority in your jurisdiction). If the Marketplace Provider learns that personal information from Merchant Users and/or others are less than 18 years of age has been collected, the Marketplace Provider will delete the account and take reasonable measures to promptly delete such data from its records. If you become aware of any data the Marketplace Provider may have collected from children under age 18 (or the age of majority), please contact the Marketplace Provider at [email protected]

This policy describes and sets forth the Marketplace Provider’s policies on the following topics:

Acceptance of This Privacy Policy
Types of Information and Data the Marketplace Provider collects
How the Marketplace Provider Collects Your Information
How the Marketplace Provider Uses Your Information
Disclosure of Your Information to Third Parties
Information Obtained from Third Parties
Third Party Sites and Services
Updating, Accessing, and Storing Your Information
Privacy Rights
Security
Choice/Opt-out
Changes to This Privacy Policy
Contact information

1. Acceptance of this Privacy Policy

By accessing and using the Marketplace Provider’s business financing and matching Services and clicking your acceptance of this Privacy Policy and Terms of Use, you have confirmed your acceptance of this Privacy Policy and the Terms of Use. In addition, the Marketplace Provider will request your consent to access and process specific personal information from you and/or your business partners in conjunction with your business financing application. If you choose not to consent, the Marketplace Provider cannot process your request for potential financing matches, and you should stop using this Site and the Services. The Marketplace Provider may provide additional “just-in-time” disclosures or information about the data processing practices of specific Services. These notices may supplement or clarify the Marketplace Provider’s privacy practices or may provide you with additional choices about how the Marketplace Provider processes your data.

If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of these Services and this portal.

Also note that this Privacy Policy only applies to the Marketplace Provider’s privacy practices. If you match with a potential Marketplace Participant, that Marketplace Participant may request from you and your business additional information. At that time, you may be on the potential Marketplace Participant’s site, and that potential Marketplace Participant’s privacy policy will apply.

2. Types of Information and Data the Marketplace Provider Collects

The Marketplace Provider’s portal on this Website collects information that identifies, relate to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with not only your business, but with you personally, as a principal or representative of the business, and that of your business partners, all in regard to a potential business financing transaction (“personal information”).

Personal information does not include:

Publicly available information from government records.
Deidentified or aggregated, anonymized information.

To establish an account and access the Services, the Marketplace Provider will ask you to provide detailed information about your business and you and/or your business partners to facilitate a search for a potential suitable Marketplace Participant(s) for your business. This information is either required by law (e.g. to verify your identity), necessary to provide the requested services (e.g. you will need to provide six (6) months of bank statements), or is relevant for certain specified purposes, described in greater detail below. As the Marketplace Provider adds new features and Services, you may be asked to provide additional information.

Please note that the Marketplace Provider may not be able to serve you as effectively or offer you the Services if you choose not to share certain information requested.

Our Marketplace Provider obtains the categories of personal information listed below from the following sources:

Directly from you: For example, from forms you complete or by using the Services provided through this application Portal.
Indirectly from you: For example, from observing your actions on the Website (collected using cookies and other analytic tools).
Third Parties: For example, from third-party sources, after you consent to the Marketplace Provider collecting information from those third parties.

Information the Marketplace Provider collects directly from you:

Personal Identification Information: As the principal of your business for which the business financing transaction is sought, you may be asked to provide your full name, date of birth, nationality, gender, signature, utility bills, photographs, phone number, home address, IP Address, social security number, and/or email. Please note that the Marketplace Provider collects certain information (e.g. nationality, gender) where and as required by the Small Business Administration or other applicable federal or state laws.
Formal Identification Information: Government issued identity document such as Passport, Driver’s License, National Identity Card, State ID Card, Tax ID number, passport number, driver’s license details, national identity card details, visa information, and/or any other information deemed necessary to comply with the Marketplace Provider’s and/or the Marketplace Participants’ legal obligations.
Business Information: Type of business, list of officers, members, or managers of the business, articles of incorporation, certificates of good standing, and ownership structure, business Identification number (or comparable number issued by a government), and personal identification information for all material beneficial owners.
Business Related Financial Information: Bank account information, tax return information, federal and state tax ID, profit and loss statements, income statements, business invoices, and ACH Deposit/Wire instructions in the form of a voided business check or official bank letter. ACH Deposit/Wire instructions are provided to Marketplace Participants to facilitate funding if financing is extended to your business.
Transaction Information: Information about the business financing option you wish to pursue for your business through this Service.
Employment Information: Office location, job title, and/or description of role for any guarantor that is not part of the borrower enterprise and/or if the principals of the business have additional sources of employment income.
Correspondence: Survey responses, information provided to the Marketplace Provider’s support team or user research team.

In order to try to find a Marketplace Participant to match your business needs, as you describe them when you enter your information into this portal, the Marketplace Provider will then share this information with potential Marketplace Participants. If you do not want this information shared with potential Marketplace Participants, then do not proceed with this Service and exit this Website.To be clear, when you execute your application, you will be asked to expressly consent to the Marketplace Provider sharing of your personal information, as a principal of your business, with potential Marketplace Participants, including without limitation your consumer credit report. You can withdraw your consent or opt out at any time by contacting the Marketplace Provider at [email protected]. Please note that if you choose to withdraw your consent and/or opt out, the Marketplace Provider will no longer be able to identify potential matches for your business financing needs and you should stop using the Services and this Site.

Your information may also be shared by the Marketplace Provider and/or potential Marketplace Participants to fulfill regulatory or other legal requirements.

Information the Marketplace Provider collects from you automatically through this portal on the Website:

Our Marketplace Provider receives and stores certain types of information automatically, such as whenever you interact with the Portal, Site or use the Services. This information helps the Marketplace Provider address support issues, improve the performance of the Site and the Portal, and provide you with a more streamlined experience. This information is also used in the Marketplace Provider’s fraud detection efforts. Information collected automatically includes:

Online Identifiers: Geo location/tracking details, browser fingerprint, operating system, browser name and version, and/or IP addresses for the device from which you access the Site and the Portal.
Usage Data: Authentication data, security questions, click-stream data, and other data collected via cookies and similar technologies.

For example, the Marketplace Provider may automatically receive and record the following information on its server logs:

How you came to the Site and how you interact online with the Services;
Your device type and unique device identification numbers;
Your device event information (such as crashes, system activity and hardware settings, browser type, browser language, the date and time of your request and referral URL);
How your device interacts with the Site and the Services, including pages accessed and links clicked;
Geographic location; and,
Other technical data collected through cookies, pixel tags and other similar technologies that uniquely identify your browser.

Marketplace Provider may also use identifiers to recognize you when you access the Site via an external link, such as a link appearing on a third-party site.

Information collected from third parties

From time to time, the Marketplace Provider may obtain information about you from third party sources as required or permitted by applicable law or as you consent. These sources may include:

Public Databases & ID Verification Partners: The Marketplace Provider obtains information about you from public databases and ID verification partners for purposes of verifying your identity in accordance with applicable law.
Credit Bureaus: With your prior consent, the Marketplace Provider obtains information from credit bureaus, including your credit report. The Marketplace Provider will ask for your click – accept consent before sharing credit reports with potential Marketplace Participants. Note that if you decline, the Marketplace Provider will not be able to identify potential matches for your business and you should stop using the Service and this Site. The Marketplace Provider obtains your credit information to better provide services to you, to match you with appropriate potential Marketplace Participants, to confirm your identity, and to detect and prevent fraud.
Financial Institution: With your (click - accept) consent, the Marketplace Provider obtains information directly from your business’ and your personal (as a potential guarantor of your business loan) financial institution, including copies of your account statements. The Marketplace Provider obtains this information to assist in providing Services to you, including the underwriting process. To do this, the Marketplace Provider uses third party service provides. These providers currently include Plaid, Finicity, Authenticating.com and Ocrolus. Plaids’ privacy policy, available at https://plaid.com/legal/#end-user-privacy-policy, describes its collection and use of personal data. Finicity’s privacy policy, available at https://www.finicity.com/privacy/ describes its collection and use of personal data. Authenticating.com’s privacy policy, available at https://authenticating.com/privacy-policy.html, describes its collection and use of personal data. Ocrolus’s privacy policy, available at https://www.ocrolus.com/privacy-policy/, describes its collection and use of personal data. Please review these policies to understand how these third parties access your and your business’ information.

The Marketplace Provider does not share any personal information you enter into the portal with the Referral Partner. The Marketplace Provider may, however, share business information with the Referral Partner so that the Referral Partner receives feedback on the value of the program to your business as a valued relationship of the Referral Partner. This information may include, for example, the status of your application with the Marketplace Provider, the Marketplace Participant that extended to your business a commercial loan (if there is a successful match), and information regarding the terms of that commercial loan.

Any marketing materials you receive from the Referral Partner are governed by the Referral Partner’s privacy policy at its website.
- If you have expressed interest in a particular type of business financing option, the Marketplace Provider may send to you marketing information about new business financing products they identify. You can opt-out of receiving these materials at any time by clicking the opt out mechanism on the subject marketing material you receive or by emailing The Marketplace Provider at [email protected].
- Analytics Providers: The Marketplace Provider works with analytics providers to provide de-identified information about how you found the Site and how you interact with the Sites and Services. This information may be collected prior to account creation.

Data Anonymization and Data Aggregation

Anonymization is a data processing technique that removes or modifies personal information so that it cannot be associated and/or re-identified with a specific individual. Except for this section, none of the other provisions of this Privacy Policy applies to anonymized or aggregated data (i.e. information about visitors to and Users of this Site and the Services that the Marketplace Provider combines together so that it no longer identifies or references an individual visitor or User of the Services).

Our Marketplace Provider may use anonymized or aggregate business principals’ and Site visitor’s and/or Merchant User’s data for any business purpose, including to better understand Merchant Users’ needs and behaviors, improve its products and services, conduct business intelligence and marketing, and detect security threats. The Marketplace Provider may perform its own analytics on anonymized data or enable analytics provided by third parties.

Types of data the Marketplace Provider may anonymize include transaction data, click-stream data, performance metrics, and fraud indicators.

If you request that your information be deleted in accordance with the policies set forth more fully below, your information may be anonymized or aggregated so that it can no longer be identified with you and/or your business.

3. How The Marketplace Provider Collects Your Information

Log Files:Any time you visit any of the Site and this Portal, the Marketplace Provider’s servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the Site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. For example, the Marketplace Provider may log your IP address for system administration purposes. IP addresses are logged to track a user's session. This gives the Marketplace Provider an idea of which parts of the Site users are visiting. The Marketplace Provider does not share the log files externally.
Cookies: The Marketplace Provider uses “cookies” to keep track of some types of information while you are visiting the Site or using the Services. Cookies are very small files placed on your computer, and they allow the Marketplace Provider to count the number of visitors to the Website and distinguish repeat visitors from new visitors. They also allow the Marketplace Provider to save User preferences and track User trends. The Marketplace Provider uses cookies for the proper operation of the Site; therefore, if your browser is set to reject all cookies, the Website will not function properly. Users who refuse cookies assume all responsibility for any resulting loss of functionality. The Marketplace Provider may also link the cookies to any personally identifiable information.
Web Beacons:” Web beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize the Site for Users and to collect a limited set of information about Site visitors. The Marketplace Provider may also use web beacons in email communications in order to understand the behavior of Users of the Service. The Marketplace Provider may also link the web beacons to any personally identifiable information.
Account Information: When you first enter the Portal, the Marketplace Provider may require you to provide your name, your business name, and your and your business’ address, phone number, email address and other business and personal information. Such information is used primarily to process your business financing matching request or as otherwise described herein. This is information you provide to the Marketplace Provider.
Business financing matching Application: To access the services, the Marketplace Provider requires your name, address, phone number, email address, and other personal information. The Marketplace Provider also requires the name of your business, its address, its federal and state tax ID, the type of business, business location, average monthly sales, state of incorporation, name of Landlord (if applicable), credit card transactions per month, and purpose of the business financing.
Emails and Telephone Calls:The Marketplace Provider requires an e-mail address from you when you register for the Services. The Marketplace Provider uses your email for both transactional (e.g., business financing matching processing) and promotional (e.g., newsletters, or information about new business financing products) purposes. E-mail messages the Marketplace Provider sends to you may contain code that enables its database to track your usage of the e-mails, including whether the email was opened and what links (if any) were clicked. If you would rather not receive promotional emails from the Marketplace Provider, please see the section below labeled “Choice/Opt-Out”. The Marketplace Provider may nevertheless send to you certain communications relating to the Services you have requested, such as service announcements and administrative messages.These messages cannot be opt-ed out of if you wish to continue to use the Service. The Marketplace Provider and/or its service representatives may also contact you by telephone or text message (including to any wireless number you may provide) solely in connection with the Services you have requested and the status of your business financing application. If you would rather not receive telephone calls or text messages from the Marketplace Provider, or its service agents, you may ask to be removed by terminating your application process by sending an email to [email protected].
Other Sources: The Marketplace Provider may obtain information about you from third parties such as credit reports. The Marketplace Provider will not pull a credit report without your permission.

4. How The Marketplace Provider Use Your Information

Our Marketplace Provider’s primary purpose in collecting personal information is in conjunction with your business financing matching request, and in processing your business application, to provide you with a smooth, efficient, and customized experience. The Marketplace Provider generally uses personal information to create, develop, operate, deliver, and improve its Services, content, and for loss prevention and anti-fraud purposes.

The Marketplace Provider may use this information in the following ways:

i. To maintain legal and regulatory compliance

Most of the Marketplace Provider’s Services are subject to laws and regulations requiring it to collect, use, and store your personal information in certain ways. For example, the Marketplace Provider must identify and verify potential borrowers and their individual guarantors using the Services in order to comply with various federal and state laws. In addition, the Marketplace Provider uses third parties to verify your identity by comparing the personal information you provide against third-party databases and public records. When you seek to link a bank account to your Account on this portal, the Marketplace Provider may require you to provide additional information which it may use in collaboration with service providers acting on its behalf to verify your identity or address, and/or to manage risk as required under applicable law. If you do not provide this necessary personal information required by law, the Marketplace Provider reserves the right to close your account and cease processing your business financing matching request.

ii. To enforce the terms in the Merchant User agreement and other related agreements

The Marketplace Provider handles sensitive information of principals of the businesses seeking business financing as well as from potential guarantors of those business financings, such as personal identification and financial data. Accordingly, the Marketplace Provider actively monitors, investigates, seeks to prevent and/or detect, and mitigate any potentially prohibited or illegal activities, to enforce its agreements with third parties, and/or to prevent and detect violations of this Privacy Policy, the Terms of Use, and other agreements and consents you have provided or executed in furtherance of your use of the Services.

iii. To detect and prevent fraud

Our Marketplace Provider processes your personal information in order to help detect, prevent, and mitigate fraud and abuse of its Services and to endeavor to protect your Account from compromise or information loss.

iv. To provide the Marketplace Provider’s Services

Our Marketplace Provider processes your personal information to provide the business financing matching Services to you as a Merchant. For example, when you wish to seek business financing from one of Marketplace Participants, the Marketplace Provider requires certain information such as your identification, contact information, and income information. The Marketplace Provider cannot provide you with Services without such information.

v. To provide Service communications

Our Marketplace Provider sends administrative or account-related information to you to keep you updated about its Services, the status of your matching request, inform you of relevant security issues or updates, or provide other transaction-related information. Without such communications, you may not be aware of important developments relating to your Account that may affect how you can use the Services. You may not opt-out of receiving critical service communications, such as emails or mobile notifications sent for legal or security purposes.

vi. To provide customer service

Our Marketplace Provider processes your personal information when you contact the Marketplace Provider to address any questions or to troubleshoot problems. Without processing your personal information for such purposes, the Marketplace Provider cannot verify who you are and respond to your requests and address Service use issues.

vii. To monitor network and information security

Our Marketplace Provider processes your 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 laws and regulations. If the Marketplace Provider cannot process your personal information for these purposes, it hampers the Marketplace Provider’s efforts to provide a secure experience.

viii. For research and development purposes

Our Marketplace Provider processes your personal information to better understand the way you use and interact with the Services. In addition, the Marketplace Provider uses such information to customize, measure, and improve the Services and the content and layout of the Site and the Portal, and to develop new services.

ix. To facilitate your Matching Requests

Our Marketplace Provider will process certain personal information stored by third parties. Without such processing, the Marketplace Provider cannot be able to provide the Services and process your business financing matching request.

x. To facilitate corporate acquisitions, mergers, or transactions – Onward Transfers

If the Marketplace Provider is acquired, reorganizes or merges with another entity, your Account and use of the Services may be transferred to the surviving entity in that transaction.

xi. To engage in Limited Marketing Activities

Based on your communication preferences, the Marketplace Provider may send you marketing communications (e.g. emails or mobile notifications) to inform you of new lending products that may meet your business needs. You can always opt out of receiving these materials by clicking on the opt out link in each such marketing communication you may receive.

xii. For Any Purpose for Which You Provide Your Consent

The Marketplace Provider may disclose your personal information for any purpose for which you provide consent. For example, your consent is requested before the Marketplace Provider requests a credit report, bank statement or other information from third parties about your business and you as a principal or potential guarantor of any financing for your business.

The Marketplace Provider will not use your personal information for purposes other than those purposes disclosed in this Privacy Policy and the Terms of Use, or at the time the information is collected without your permission. From time to time, and as required under the applicable law, the Marketplace Provider may request your permission to allow it to share your personal information with third parties. You may opt out of having your personal information shared with third parties, if you choose not to provide consent for additional information as may be needed to process your request for a potential lending match, our Marketplace Provider may not be able to proceed with your business financing matching request. Further, if you opt out of sharing our information regarding you, as the principal of your business and/or potential guarantor of the commercial loan extended to your business, to Marketplace Participants, then we will not be able to provide Services to you and you should terminate your application and discontinue your use of the Services.

5. Disclosure of Your Information to Third Parties

Our Marketplace Provider may share your personal information by disclosing it to a third party for purposes of processing your business financing matching request and/or to deliver the Services available through this Site and this Portal. The Marketplace Provider makes these disclosures under written contracts with the third parties that describe the purposes for which the data is provided (e.g. to order a credit report, to determine if your business profile matches with a Marketplace Participant’s business financing product, or to access your business’ and your bank records), requires the third party recipient to keep the personal information confidential, and prohibits the third party from using the disclosed information for any purpose except performing its contract with the Marketplace Provider. The Marketplace Provider does not sell personal information.

i. Disclosure By Law:

You acknowledge and agree that the Marketplace Provider may disclose information you provide if the Marketplace Provider, in its sole discretion, believes that disclosure is reasonable and necessary to (1) comply with the law, requests or orders from law enforcement, or any legal process, (2) protect or defend the Marketplace Provider’s, rights or property, and (3) to enforce its Terms of Use and this Privacy Policy.

ii. Marketplace Participants and/or brokers.

By signing up for the Services or submitting a request for a business financing program, product or service as described on the Site, you have expressly agreed to proceed and are representing to the Marketplace Provider, intending it to rely thereon, that you are consenting, acknowledging and agreeing to the disclosure of your information to potential Marketplace Participants and/or business financing brokers within the Marketplace Provider’s network. Please be aware that the Marketplace Participants, brokers, and/or other service providers with whom you may be matched and with whom your information is shared may retain your information, even if you do not enter into an agreement for their business financing products or services.Please contact each such party directly regarding their privacy and information policies. Also, if you enter into an agreement with a Marketplace Participant, broker, or other service provider pursuant to the Services, and make changes to the information you have provided through this Portal, the Marketplace Provider may share the updated information with such Marketplace Participants, brokers, and/or service providers for purposes consistent with which it was originally shared.

iii. Disclosure to Marketplace Participants and Service Providers:

Upon completing a profile on the Site, and filling out the entirety of the business financing matching application, the Marketplace Provider will share your information with third party service providers (“Marketplace Participants”) with whom you may be matched. Those Marketplace Participants may then send to you marketing materials. The Marketplace Provider is not responsible for the material of the Marketplace Participants or their actions.Your information may also be shared with third-party service providers that provide services to the Marketplace Provider in the operation of this Site and/or delivery of the Services, which service providers are bound by contract with our Marketplace Provider to keep your information confidential, and to only use that information to facilitate the Marketplace Provider’s delivery of the Services.

iv.Service Providers

Our Marketplace Provider contracts with its service providers which help it to deliver the Services and to maintain and operate the Site, requiring those service providers to only use your information in connection with the services they perform for the Marketplace Provider, and prohibit them from selling your information to anyone for any purpose.

Examples of the types of service providers the Marketplace Provider may share personal information with (other than those mentioned above) include:

Network infrastructure
Cloud storage
Transaction monitoring
Security
Document repository services
User support
Internet (e.g. ISPs)
Data analytics
Information Technology

v. Other Companies – Onward Transfers

With companies or other entities that the Marketplace Provider may be under discussions with for a potential merger or corporate acquisition. You will receive prior notice of any change in applicable policies and may elect to terminate your account.

vi. Professionals

With the Marketplace Provider’s professional advisors who provide banking, legal, tax, compliance, insurance, accounting, or other consulting services in order to complete third party financial, technical, compliance and legal audits of the Marketplace Provider’s operations or otherwise comply with its legal obligations.

By accepting the Marketplace Providers Terms of Use and this Privacy Policy, you thereby expressly consent to any the disclosure and/or transfer of your information as described in this Privacy Policy, the Terms, and the Site, intending the Marketplace Provider to rely thereon.

6. Information Obtained from Third Parties

If you provide information about your company’s principals and employees, you are representing to the Marketplace Provider that you have such third parties’ consent to do so.

Any information the Marketplace Provider obtains from a third-party will be used to assist in its efforts to identify suitable potential matches for your requested business financing.

Third Party Links. The Site contains links to other websites that are maintained by third parties. These third parties are solely responsible for their own websites and the Marketplace Provider encourages you to reach out to such third parties for copies of and information regarding their security practices. The Marketplace Provider does not control, and is not responsible for, the privacy and security practices of these third parties.

7. Third Party Sites, Resources and Services

Please note that third parties you interact with may have their own privacy policies, and the Marketplace Provider is not responsible for their operations. Information disclosed by third parties is governed by their privacy practices. For example, your banking institution may have its own requirements before it will share with the Marketplace Provider your information. Your bank may require you to execute additional consents.

Information that the Marketplace Provider will receive from a third-party based on an account connection (e.g. your banking institution) will be used and disclosed by that third party in accordance with the third-party’s privacy practices, and your consent to that third party authorizing it to share the information with Marketplace Provider. Please review the privacy notice of any third-party that will be providing this information. The Marketplace Provider, in turn, may disclose your information to Marketplace Participants, as provided in the following paragraph.

Similarly, if the Marketplace Provider identifies a potential match for your business financing transaction, and you elect to proceed with that third party Marketplace Participant, all information you have authorized the Marketplace Provider to provide to that Marketplace Participant, or which you choose to provide directly to that Marketplace Participant will be governed by that Marketplace Participant’s privacy policy.

8. Updating, Accessing, and Storing Your Information; Account Termination

You may update or access your profile information at any time by contacting your assigned account representative or contact the Marketplace Provider’s support team at (877) 817-7275.

Termination:When you terminate your account, your information will not be sent to any further potential Marketplace Participants, brokers, or other third parties.

Deletion:You may request deletion of your account information from the Service. If you choose to delete your account, it will be permanently deleted from the Site. Note that if you delete your account after you have completed a business financing matching request, and the Marketplace Provider acted upon that request, it may be required to retain your records by law for a minimum period of time. In these cases, your information will not be used for any purpose (other than a regulatory audit or a law enforcement request) and will be deleted in accordance with applicable data destruction laws or the Marketplace Provider’s data destruction policies.

Our Marketplace Provider stores your personal information throughout the life of your Account. The Marketplace Provider will only retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, information about the Marketplace Provider typical retention periods for different aspects of your personal information are described below.

Personal information collected to comply with the Marketplace Provider legal obligations under financial, consumer protection, and credit laws may be retained after account closure for as long as required under such laws.
Contact Information such as your name, email address and telephone number for marketing purposes is retained on an ongoing basis until you unsubscribe or opt-out.
Content that you post on the Site such as support chat comments, support ticket comments, and other such content may be kept after you close your Account for audit and crime prevention purposes (e.g. to prevent a known fraudulent actor from opening a new account).
Recording of telephone calls with you may be kept as required by law, and/or as needed for business purposes.
Information collected via technical means such as cookies, webpage counters and other analytics tools is kept for a period of up to one year from expiry of the cookie.

9. Privacy Rights and Requests

This Site and the Services are business- to- business transactions. When you provide your personal information to the Marketplace Provider, or authorize third party sources to provide your personal information to the Marketplace Provider, it is in the context of providing to your business potential Marketplace Participant matches. The fact that you are providing personal information to facilitate that transaction does not make this a consumer transaction. While the Marketplace Provider uses reasonable measures to secure your personal information disclosed to the Marketplace Provider in the context of your transaction, privacy rights associated with a consumer transaction, as a general matter, do not apply to these Services.

Nevertheless, where doing so does not interfere with, or impede the Marketplace Provider delivery of Services, or compliance with applicable laws, the Marketplace Provider will endeavor to comply with your requests.

If your requests will prevent or impede the Marketplace Provider’s ability to provide the Services, or is contrary to applicable laws associated with business financing transactions and/or anti-fraud measures and requirements, the Marketplace Provider will so advise you. You can then elect to terminate your business financing match request or withdraw your request.

Further, your 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 you are a resident 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 the Marketplace Provider rights and properties; or (e) where the request is frivolous or vexatious, or for other reasons.

i. Access

You may request that the Marketplace Provider provide you a copy of your personal information held by the Marketplace Provider. 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, you may request to receive your personal information in a structured, commonly used and machine-readable format. Given the sensitive nature of the information collected here, the Marketplace Provider will not honor a request to transfer your data to a new funding resource. You will need to begin the process anew with that potential resource.

ii. Rectification of incomplete or inaccurate personal information

You may request, and you should provide to, the Marketplace Provider to rectify or update any of your personal information to ensure that the most current and accurate information is collected and made available to potential Marketplace Participants. You may do this at any time by logging in to your Account and clicking the Profile or My Account tab.

iii. Erasure

As noted above, you can either terminate or delete your Account and the personal information previously collected from you. If you close your Account, the Marketplace Provider will mark your account as “Closed,” but will keep certain account information, including your request to erase, in its database for a period of time as described above. This is necessary to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account and opening a new account, and to comply with the Marketplace Provider’s legal obligations. However, if you close your account, your personal information will not be used by the Marketplace Provider for any further purposes, nor shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Privacy Policy.

iv. Withdraw consent

To the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of the Marketplace Provider’s processing based on consent before your withdrawal. Further, if you withdraw your consent, the Marketplace Provider may not be able to pursue on your behalf your request business financing matching inquiry.

v. Restriction of processing

In some jurisdictions, applicable law may give you the right to restrict or object to the Marketplace Provider processing your personal information under certain circumstances. The Marketplace Provider may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.

vi. Automated individual decision-making, including profiling

Our Marketplace Provider relies on automated tools to help determine whether a transaction or a customer account presents a fraud or legal risk. In some jurisdictions, you have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal or similarly significant effects on you, save for the exceptions applicable under relevant data protection laws.

vii. How to make a privacy request

You can make privacy rights requests relating to your personal information by contacting the Marketplace Provider at [email protected] or by contacting customer service at (877) 817-7275. When the Marketplace Provider receives an individual rights request via other intake methods, the Marketplace Provider may take steps to verify your identity before complying with the request to protect your privacy and security.

viii. How to lodge a complaint

If you believe that the Marketplace Provider has infringed your rights, please contact the Marketplace Provider at [email protected].

This is a business-to-business service, and collection of your personal information is in the context of, and in support of a business transaction, not a consumer transaction. As such, this transaction, and your rights are not governed by consumer privacy laws.

Nevertheless, the Marketplace Provider will accommodate reasonable requests where possible and not excessive.

California: If you are a California resident, you may designate an authorized agent to make a request to access or a request to delete on your behalf. The Marketplace Provider will respond to your authorized agent’s request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf, or submit evidence you have provided them with power of attorney pursuant to California Probate Code section 4000 to 4465. The Marketplace Provider e may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf, or are unable to verify their identity.

EXCEPT IN THE CONTEXT OF AN ONWARD TRANSFER, THE MARKETPLACE PROVIDER DOES NOT SELL THE PERSONAL DATA COLLECTED PURSUANT TO THE SERVICES.

10. Security

Our Marketplace Provider has implemented technological, administrative and operational controls and measure in place intended to protect information collected through this Site and the portal from loss, misuse, unauthorized access, exfiltration and/or alteration. Upon request, the Marketplace Provider will provide more detailed information about its security practices subject to the execution of a non-disclosure agreement. In all cases, the Marketplace Provider will exercise reasonable care to endeavor to provide secure transmission of information between your computer and the Marketplace Provider servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, the Marketplace Provider cannot guaranty or warrant the security of any information transmitted to the Marketplace Provider over the Internet and hence, to the fullest extent allowed by law, the Marketplace Provider accepts no liability for any unintentional disclosure. For further information, please see the Marketplace Provider’s Terms of Use .

In the event there is a confirmed data breach impacting your personal information on or through this Site and the portal maintained by the Marketplace Provider, the Marketplace Provider will notify you as required by applicable law.

You are responsible for your Account credentials, and all activities using your Account credentials. Do not share your account login and/or password with any other individual. Your account login and/or password is sensitive, and your sharing of your account information may lead to additional exposure to your account. You should only access the Website within a secure environment. You are responsible for keeping your access credentials to the Services secure. Do not use the same credentials for this Account and portal as you do for any other accounts, whether business or personal.

11. Choice/Opt-Out

You may choose to stop receiving marketing emails by following the unsubscribe instruction included in these emails, or you can contact the Marketplace Provider at [email protected].

If, after signing up for the Services, you decide you no longer wish to access and/or use the Services or do not want future contact from Marketplace Participants, brokers, or other third parties to which your information has been referred, you may cancel your Account as discussed herein. Upon canceling your account, your information will no longer be sent to Marketplace Participants, brokers, or other third parties. This does not guarantee that these Marketplace Participants, brokers, or other third parties will cease contacting you or using your information. Please be sure to reach out to all Marketplace Participants, brokers, and/or other third parties to ensure they cease contacting you.

Certain federal and state regulations require that the Marketplace Provider maintain a record of your information for certain periods of time. Due to these regulations, the Marketplace Provider may be unable to completely delete your information from its database until the time requirements of these regulations have expired.

12. Changes to This Privacy Policy

Our Marketplace Provider may modify or update this Privacy Policy from time to time which will be indicated by changing the date at the top of this page. If the Marketplace Provider makes any material changes, the Marketplace Provider will notify you by email (sent to the email address specified in your account), by means of a notice on the Website or as otherwise required by law.

The Marketplace Provider encourages you to periodically review this page for the latest information on this Privacy Policy. When the Marketplace Provider makes changes to this Privacy Policy the Marketplace Provider will revise the revision date at the top of the Privacy Policy.

13. Contact Information

You can contact the Marketplace Provider about this Privacy Policy by writing or email Loanspark at the address below:

Loanspark LLC

321 Walnut Street, #224

Newton, MA 02460

(877) 817-7275

[email protected]