Introduction: This Privacy Policy (this “Policy”) sets forth Credibility Capital’s policy with respect to:

  1. The information we collect in connection with the operation of this website (the “Website”);
  2. how information collected from or about you is used; and
  3. how you can access and correct certain information that we may collect. If you do not agree with anything contained in the Policy, please do not submit information to, access information from, or otherwise utilize the Website.

In this Policy:

  • Users of this Website, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, a user, borrower or investor, are referred to as “you” or “your.”
  • Credibility Capital Inc., a Delaware corporation, together with its applicable subsidiaries, affiliates, assignees, successors, and its and their respective officers, directors, employees, and agents are referred to as “Credibility Capital,” “we,” “us,” or “our.” Together, you and we may be collectively referred to as “Parties.”

Credibility Capital’s Terms of Use (the “Terms of Use”)  and this Privacy Policy contain a class action waiver that impacts your rights regarding resolving disputes that are not otherwise waived pursuant to the terms of your agreement with us. Please read the class action waiver. If you disagree or are uncomfortable with the Terms of Use, or this Privacy Policy, please discontinue your use of the Website and our services; otherwise, you will have consented to this class action waiver.

Business to Business: Credibility Capital offers its lending services and this Website only to business entities and their principals acting in that capacity, and not acting as consumers.  The Website and Credibility Capital’s lending services are not for residential and/or personal loans.  While Credibility Capital collects certain personal information from principals of a business, that information is to allow Credibility Capital to evaluate business principals as a guarantor of a business financing transaction.  This Website and our lending services are not to facilitate, nor are they, consumer transactions.

Geographic Considerations: Credibility Capital is based in the United States, and its lending services are only available for businesses and their principals in the United States.  This Website, our lending services, and our policies and practices are evaluated and based on United States’ laws, rules and regulations.  Credibility Capital will only facilitate the business financing application process for businesses and their principals in the United States.

Not for Children: The Website is intended for persons 18 years of age and older.  If you are under 18, we ask that you do not submit any personal information through the Website, by e-mail, or any other means of communication to Credibility Capital.  By using the Website, you represent to Credibility Capital, intending for Credibility Capital to rely thereon, that you and all principals of your business are at least 18 (or the age of majority in your jurisdiction). If Credibility Capital learns that personal information from users and/or others are less than 18 years of age has been collected, Credibility Capital will deactivate the account and take reasonable measures to promptly delete such data from its records. If you become aware of any data Credibility Capital may have collected from children under age 18 (or the age of majority), please contact Credibility Capital at inquiries@credibilitycapital.com.

Information We Collect: Credibility Capital currently collects information during your use of the Website in three ways:

  1. Information you provide: When you apply for a Credibility Capital loan or initiate a transaction or similar activities, you will generally be required to provide personally identifiable information such as personal and business name, mailing and business address, telephone number, e-mail address, bank account information, personal and business finances and debts, birthdate, social security number or tax ID. You may also provide additional information via email or written correspondence. By voluntarily providing us with your personally identifiable data, you are consenting to our use of it in accordance with this Policy.

Before you initially enter any detailed information about your business you and/or your principals, you will be prompted to create an account and reconfirm your agreement with this Privacy Policy and the Terms of Use.  You are responsible for keeping your account credentials confidential.  Do not use the same credentials to access this account that you use for other personal or business accounts.  You are responsible (i) for the accuracy and completeness of the information you provide;  and (ii) for all activity on and through your account and through your credentials.  Report to us immediately if your account credentials have been compromised at inquiries@credibilitycapital.com.

Without limiting the foregoing, we collect the following directly from the information you choose to provide to us:

    • 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, tax returns, social security number, and/or email.  Please note that Credibility Capital collects certain information where and as required by applicable federal or state laws.
    • Formal identification information: This information may include government-issued identity documents such as a passport, driver’s license, national identity card, state identification card, tax ID number, passport number, driver’s license details, national identity card details, and/or any other information deemed necessary to comply with Credibility Capital’s legal obligations.
    • Business information: This information may include 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. If you are providing personal information to Credibility Capital regarding other principals of your business, you are affirmatively representing to us, and intending for us to rely thereon, that you have those persons’ affirmative consent (duly documented) to provide to us their personal information for the purposes set forth in this Privacy Policy and/or the application for your business loan; and you will indemnify us against any claims by such persons if you did not have their consent to provide to us their personal information.
    • Business-related financial information: This information may include bank account information, tax return information, federal and state tax ID, profit and loss statements, income statements, and ACH deposit/wire instructions in the form of a voided business check or official bank letter.  ACH deposit/wire instructions are provided to facilitate funding if financing is extended to your business.
    • Employment information: This information may include office location, job title, and/or description of role, for any guarantor that is not part of Your enterprise and/or if the principals of the business have additional sources of employment income.
  1. Information from third parties and other sources: Third parties such as credit rating agencies may provide us with information about you and the other principals in your business that you identify in your application. We will obtain a credit score for any business, corporation, or other entity interested in becoming a borrower only with the permission of an authorized representative or agent of the entity. We may also obtain additional commercially available information from third parties or public sources. We may combine this information with information we already have about you, to verify your identity, offer more personalized products and services for you, or evaluate your loan application, or for other similar purposes.

Without limiting the foregoing, Credibility Capital 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 and identity verification partners: Credibility Capital 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, Credibility Capital obtains information from credit bureaus, including your credit report.
    • Financial institutions: With your consent, Credibility Capital obtains information directly from your business’s financial institution and your personal (as a potential guarantor of your business loan) financial institution, including copies of your account statements. Credibility Capital obtains this information to assist in providing this Website and our lending services to you, including the underwriting process. To do this, Credibility Capital uses third party service provides.

Also, if one principal of your business is applying on behalf of all principals, the one principal will provide to us information about the other principals. The disclosing principal, in so doing, represents to us that such principal has your authorization to share your information with us, intending for us to rely thereon.  If you do not want your principal to share your information with us, (i) you are responsible for so advising that principal, and (ii) we may not be able to lend your business money because we require all principals with an ownership share of the business of 25% or more to be guarantors.

  1. Information from your use of the website: We may collect additional user behavior information throughout your use of the Website, including but not limited to:
    • Device-specific information, log information, location, or unique application data
    • 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 Website and the portal
    • Usage data: authentication data, security questions, click-stream data, and other data collected via cookies and similar technologies

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

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

Any ideas for new products or modifications to existing products, and other unsolicited comments or submissions to Credibility Capital, excluding any personal financial information (collectively, “Unsolicited Information”) shall be deemed to be non-confidential and Credibility Capital shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to third parties without limitation or attribution.

Our Use and Storage of Your Personally Identifiable Information: Any of the information we collect from you may be used in one or more of the following ways:

  • to provide you services and access that are personal to you;
  • to personalize your experience;
  • to obtain, with your authorization, third-party data from credit bureaus or others in connection with your loan application;
  • to verify your identity and guard against potential fraud;
  • to enforce agreements and/or carry out regulatory checks;
  • to enhance our Website and the services we offer;
  • to generate aggregate statistical studies or research;
  • to improve customer service; or
  • to send you periodic communications.

The personally identifiable information that you provide and that we collect will be stored and maintained by Credibility Capital for so long as we, in our sole discretion, believe is necessary or appropriate (a) to carry out the purpose(s) for which such information was collected, in accordance with this Policy; or (b) to comply with applicable laws, contracts, or other rules or regulations.

Cookies and Other Technologies: Credibility Capital uses various technologies including, but not limited to “Cookies” to collect and store personal and non-personally identifiable information when you use the Website. “Cookies” are small files that a website or its service provider transfers to your computer or mobile device through your Internet browser when you visit a website that enable the website’s or service provider’s system to recognize your browser and capture and remember certain information. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. Please note that without cookies, you may not be able to take full advantage of all of the Website’s features.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use information about or from users collected on our behalf, except to help us conduct and improve our business.

Our Sharing and Transfer of Your Personal Information: Information collected by Credibility Capital may be shared with other parties under various circumstances, including the following:

  • To our affiliates or service providers (including collection agencies) if needed to recover debts and/or enforce any agreements, in accordance with confidentiality procedures
  • As required by law or for the protection of rights or property, including those of Credibility Capital (including but not limited to our rights under this Policy and the Terms of Use), or those of our related parties
  • In connection with any change of control, such as a merger, acquisition, reorganization, or sale, where your personal information may be transferred to the other party in such transaction
  • To consumer reporting and fraud prevention agencies in order to perform checks, protect our or others’ property, or recover debts you owe
  • Via onward transfers: to investors interested in investing in loans on our platform, or to purchasers of any loans we may extend to your business. This may mean displaying business information, financials, terms, and loan information to these third parties.  For any entity to which we sell your business loan, we will transfer to that purchaser all of your loan documents, including your business and business principals’ information.
  • To perform non-personally identifiable marketing or research

Except with regard to a potential or effected onward transfer, we do not sell any personal information we collect.  

Opt-Out: Each individual principal/guarantor has the right to opt out of certain information-sharing with affiliates and affiliate marketing.  For more information, please refer to your loan application and your Affiliate Sharing and Marketing Opt-Out notice.

Consent to Contact: Without limiting any other rights Credibility Capital or any person or entity acting on Credibility Capital’s behalf may have, you hereby consent, on your own behalf and on behalf of your business and other principals of your business, to Credibility Capital (and/or any person or entity acting on Credibility Capital’s behalf as its service provider) communicating with you, in connection with your application for a loan, the loan, or any other lawful purpose, using any telephone number (including any wireless cellular telephone number or ported landline number), email address, or other contact information that was provided in the application, or using any telephone number, email address, or other contact information that is provided in the future, or using any telephone number, email address, or other contact information that the persons listed in the application as references provide to Credibility Capital (and/or any person or entity acting on Credibility Capital’s behalf or servicing your business’ loan for Credibility Capital) now or in the future. Credibility Capital (and/or any person or entity acting on Credibility Capital’s behalf or servicing your business’ loan for Credibility Capital) may communicate with you, your business, and/or any other principal of the business using any current or future means of communication, including but not limited to: automated telephone dialing equipment, as defined by law, the FTC, or the FCC; artificial or pre-recorded voice messages; telephone or other electronic facsimile machine; SMS or text messages; and email. You, on behalf of yourself, your business, and your business’s other principals acknowledge that such communications are informational communications and are not made for the purpose of telemarketing. Credibility Capital (and/or any person or entity acting on Credibility Capital’s behalf or servicing the loan for Credibility Capital) may use such means of communication even if you, your business, and/or your business’s other principals will incur costs to receive such telephone messages, telephone calls, SMS or text messages, emails, or communications via other means.

Unless you otherwise expressly arrange with us, all notices and disclosures will be sent to you electronically; including without limitation notices regarding any privacy and/or security concerns. If you would like to receive notices and disclosures by other than electronic means, please contact us at inquiries@credibilitycapital.com

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently failing to receive any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system.

Updating and Accessing Personal Information, and Other Privacy Rights Requests: THIS IS NOT A CONSUMER SITE, AND THIS IS NOT A CONSUMER TRANSACTION. We nevertheless provide you with certain privacy rights, subject to applicable laws and regulations which require us to (i) retain your information for fraud detection and prevention purposes, and other regulated purposes, and (ii) verify your identity before we honor a request.

If your requests will prevent or impede Credibility Capital’s ability to provide its lending services, or is contrary to applicable laws associated with business financing transactions and/or anti-fraud measures and requirements, Credibility Capital will so advise you. You can then elect to terminate your loan application, or withdraw your request.

Furthermore, your rights to personal information are not absolute. Depending upon 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 Credibility Capital rights and properties; or (e) where the request is frivolous or vexatious, or for other reasons.

  1. Access: You may request that Credibility Capital provide you a copy of your personal information held by Credibility Capital. 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, Credibility Capital will not honor a request to transfer your data to a new funding source. You will need to begin the process anew with that potential source.
  2. Rectification of incomplete or inaccurate personal information: You should provide to us information to rectify or update any of your personal information to ensure that the most current and accurate information is collected. You may do this at any time by sending an e-mail to inquiries@credibilitycapital.com or contacting one of our loan account executives.
  3. Erasure: As suggested above, you may terminate your Account.  If you close your Account, Credibility Capital will mark your account as “Closed,” but will keep certain account information, including your request for erasure. 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 Credibility Capital’s legal obligations. However, if you close your account, your personal information will not be used by Credibility Capital 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.
  4. 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 Credibility Capital’s processing based on consent before your withdrawal.
  5. Restriction of processing: In some jurisdictions, applicable law may give you the right to restrict or object to Credibility Capital processing your personal information under certain circumstances. Credibility Capital 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.
  6. Automated individual decision-making, including profiling: Credibility Capital relies on automated tools to help determine whether a transaction or an 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.
  7. How to make a privacy request: You can make privacy rights requests relating to your personal information by contacting Credibility Capital at inquiries@credibilitycapital.com. When Credibility Capital receives an individual rights request via other intake methods, Credibility Capital may take steps to verify your identity before complying with the request to protect your privacy and security.
  8. How to lodge a complaint: If you believe that Credibility Capital has infringed your rights, please contact Credibility Capital at inquiries@credibilitycapital.com.

As noted above, 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 rather than a consumer transaction.  As such, this transaction and your rights are not governed by consumer privacy laws.

Nevertheless, Credibility Capital will accommodate reasonable requests where possible and not excessive.

Your Responsibilities: By your continued use of the Website, you acknowledge and agree that, to the fullest extent allowed by law, Credibility Capital and its service providers will not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to Credibility Capital by e-mail or other electronic communications or via the Website.

Security: Credibility Capital has implemented reasonable technological, administrative and operational controls to protect information collected through this Website and the portal from loss, misuse, unauthorized access, exfiltration, and/or alteration.  Credibility Capital will exercise reasonable care to endeavor to provide secure transmission of information between your computer and Credibility Capital servers and cloud data storage resources. Please understand, however, that no technology can be considered completely secure or impenetrable and Internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We cannot guarantee that only authorized persons will view your information or that information you share on the Website or via e-mail or other electronic communication with Credibility Capital will not be intercepted by third parties. We and you each acknowledge and agree that we shall have no liability to you for any exploitation or criminal conduct by third parties. To the fullest extent allowed by law, Credibility Capital accepts no liability for any unintentional disclosure. For further information, please see the Terms of Use. In the event that there is a confirmed data breach impacting your personal information on or through this Website and the portal maintained by Credibility Capital, Credibility Capital will notify you as required by applicable law, and as further provided in this Privacy Policy.

If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the United States and of your country.

General: You acknowledge and agree that all rights not otherwise expressly granted to you by the Policy are reserved to Credibility Capital. Excluding the terms of any loan agreement with Credibility Capital, this Policy, together with the Terms of Use, constitute the sole and entire agreement between you and us with respect to the subject matter hereof and thereof and supersedes all other prior or contemporaneous negotiations, discussions, agreements, understandings, and representations and warranties, both written and oral, between you and us with respect to such subject matter. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Credibility Capital as a result of this Policy or any use of the Website. The failure of Credibility Capital to exercise or enforce any right or provision of the Policy shall not constitute a waiver of such right or provision. If any provision of the Policy is found by a court of competent jurisdiction to be invalid, void, unlawful, or unenforceable, the Parties agree that the court should give effect to the Parties' intentions as reflected in such provision, and the other provisions of the Policy shall remain in full force and effect.  The section titles in the Policy are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Credibility Capital, nor trade practice, shall act to modify any provision of the Policy. For purposes of the Policy, the terms “include,” “includes,” “including,” “such as,” and “for example” shall be construed as if each term were followed by the words, “without limitation.”  Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.

Terms of Use: Credibility Capital’s Terms of Use can be found here. The Terms of Use govern your access to and use of the Website and its contents, including your permitted uses and our disclaimers and limitations of liability with respect to your use of the Website.  The Terms of Use are hereby incorporated in this Policy in their entirety by reference.

Modifications to this Policy: Credibility Capital reserves the right to make changes to this Policy at any time. It is your responsibility to review the Policy from time to time to see if modifications have been made. Your continued use of the Website after any modification of the Policy will conclusively indicate that you accept those changes.  Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.

Choice of Law; Forum for Disputes: This Policy and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to this Policy, the Website or its contents, the interpretation, validity or performance of this Policy, the rights and obligations of you and us under this Policy, or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction. We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New Jersey and of the United States of America (the “New Jersey Courts”) for any litigation, lawsuit, or proceeding between you and us arising out of or relating in any way to this Policy (including any non-contractual claims), the Website, the interpretation, validity, or performance of this Policy, the rights and obligations of you and us hereunder, or any transaction contemplated by the Website.

You and we each waive any objection to the laying of venue of any such litigation in the New Jersey Courts and agree not to plead or claim in any New Jersey Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New Jersey Courts.  You and we each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.

WAIVER OF JURY TRIAL WE AND YOU EACH HEREBY AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT WE OR YOU, RESPECTIVELY, MAY HAVE TO A JURY TRIAL IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS POLICY OR THE WEBSITE AND ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER AND MAKES THIS WAIVER VOLUNTARILY.

CLASS ACTION WAIVER WE AND YOU AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT-OUT CLASS ACTIONS OR OPT-IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

Links to Third Party Websites: The Website may contain advertisements, links, or connections to third party websites.  Any such link or connection is provided only as a convenience, and should be used at your own risk. Credibility Capital has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification, or monitoring by Credibility Capital or create any liability on the part of Credibility Capital in respect of such link or connection. Please be aware that your use of any such third party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.

You and we hereby acknowledge and agree that Credibility Capital and the Released Parties (as defined below) shall have no responsibility for any liabilities arising from or related to the contents of any third party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website. For purposes of this Policy, the “Released Parties” shall mean Credibility Capital, any affiliate or subsidiary of Credibility Capital or any of their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives, or advisors in their individual and representative capacities.

Special Notice to California Residents; Your Rights Under S.B. 27: Under S.B. 27 as enacted in California law, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make a request under S.B. 27, please send a written request to Credibility Capital’s principal office at the address below. Please include the phrase “California Privacy Request” in the subject line, and provide us with your name, address, and e-mail address.

Do Not Track: Do Not Track is a standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Policy. To learn about Do Not Track, visit http://www.allaboutdnt.com.

Questions or Comments: If there are any questions regarding this Policy, you may contact us at inquiries@credibilitycapital.com.

Original effective date: June 2019
Last modified: July 2022