Privacy Policy

This Privacy Policy shall be effective as of January 1, 2024.

This website is owned and operated by CX Lending, LLC (“CX Lending”). At CX Lending, we respect and protect the privacy of our website visitors and customers. This Privacy Policy is designed to demonstrate our commitment to safeguarding your privacy. Except where noted otherwise, this Privacy Policy outlines our practices regarding the collection, use, and sharing of information when you access our services, including content located on this website or any other websites, pages, features, or content we own or operate (collectively, the “Site(s)”), or third-party applications relying on our API and related services (collectively, the “Services”).

Our Sites are general audience websites, and we do not knowingly collect personal or other information from children under the age of 18. If you are under 18, please do not use our site. If we suspect that information provided to us is from someone under 18, we will delete, aggregate, or anonymize that information as soon as possible. If you are aware of any individuals under 18 using our services, please notify us so we can take action to prevent their access.

CX Lending provides a marketplace to assist small businesses in accessing and managing capital. This Privacy Policy applies to everyone who uses our Sites.

We encourage you to review CX Lending’s Terms of Use. Where your consent is required to process your personal information, we will ask for your consent to collect, use, and disclose your personal information as described below. We may provide additional disclosures or information about our data processing practices for specific Services. These notices may supplement or clarify our privacy practices or provide you with additional choices about how we process your data.

1. Types of Information Collected
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We collect several types of information about you and your business when you access our Sites.

1.1 Information We Collect Directly From You
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We collect information directly from you about yourself, including:
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- Personal Identification Information: Full name, date of birth, demographic information (e.g., nationality, gender), signature, utility bills, photographs, phone number, home address, IP address, social security number, and email.
- Formal Identification Information: Government-issued identity documents 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 any other information necessary to comply with our legal obligations.
- Institutional Information: Employer Identification Number (or comparable number), proof of legal formation (e.g., Articles of Incorporation), personal identification information for all material beneficial owners.
- Financial Information: Bank account information, Tax return information, Federal and State Tax ID, Profit and Loss Statements, Income Statements, Credit Score, Business Invoices, and Wire Instructions.
- Transaction Information: Information about transactions made on our Services, such as the name of the recipient, your name, the amount, and the timestamp.Employment Information: Office location, job title, and description of role.
- Correspondence: Survey responses, information provided to our support team or user research team.Business Information: Type of business, list of officers, members, or managers, articles of incorporation, certificates of good standing, and ownership structure.
- The documents and information collected are securely stored and safeguarded. To fulfill our service obligations to you, you authorize us to share any information provided to or obtained by CX Lending with lenders, other businesses that may need this information to fulfill their services to CX Lending, or to comply with regulatory or legal requirements. We will not disclose, transmit, or share these documents without your permission, except as required by law.

1.2 Information We Collect Automatically
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We collect information about your computer’s interactions with our Sites for various purposes, including customer support, performance improvement, personalized experiences, and fraud prevention. Information collected automatically includes:Online Identifiers: Geolocation/tracking details, browser fingerprint, operating system, browser name and version, and device IP addresses.Usage Data: Authentication data, security questions, click-stream data, public social networking posts, and other data collected via cookies and similar technologies.For example, we may automatically receive and record the following information on our server logs:How you came to and use the Services;Device type and unique device identification numbers;Device event information (such as crashes, system activity, and hardware settings);How your device interacts with our Sites and Services, including pages accessed and links clicked;Geographic location;Other technical data collected through cookies, pixel tags, and similar technologies.We may use identifiers to recognize you when you access our Sites via an external link, such as a link on a third-party site.

1.3 Information Collected From Third Parties
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We may obtain the following types of information about you from third-party sources:

- Public Databases & ID Verification Partners: Information from public databases and ID verification partners for verifying your identity.
- Credit Bureaus: With your consent, information from credit bureaus, including your credit report. We use this information to provide services, match you with lenders, verify your identity, and prevent fraud.Financial Institutions: With your consent, information directly from your financial institution, including account statements. We use this information to assist in providing Services, including the underwriting process.
- Joint Marketing Partners & Resellers: Information about you shared by joint marketing partners or resellers to better understand which Services may interest you.
- Advertising Networks & Analytics Providers: De-identified information about how you found our Sites and interact with them. This information may be collected before account creation.
- Third-Party Service Providers: Information about you from third-party service providers used by CX Lending customers.

2. How Information is Collected
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We obtain information about you during the application process and through your interactions with our Sites.

Where your consent is required, we will ask for it before collecting, using, and disclosing your personal information as described. We may provide additional disclosures or information about data processing practices for specific Services. If you do not agree with any aspect of this Privacy Policy, you should discontinue use of our Services immediately.

Sources of personal information include:
- Directly from you: From forms you complete or through your use of our Products and Services.
- Indirectly from you: From observing your actions on our Sites.
- Third Parties: From third-party services connected to our Services.

During the Application Process: We may require personal information such as your name, address, phone number, email, and other details. This information is used primarily to process your order or as described herein.

Emails and Telephone Calls: We require an email address for registration. We use your email for transactional and promotional purposes. E-mails may contain tracking codes to monitor usage, including whether the email was opened and links clicked. To opt-out of promotional emails, see “Choice/Opt-Out.” We may also contact you by phone or text solely in connection with CX Lending’s services. To opt-out of calls or texts, change or delete your number from account preferences or request removal from our contact list.

Log Files: Our servers automatically gather information from your browser for trend analysis, site administration, fraud prevention, and demographic insights. We log IP addresses to track user sessions and do not share log files externally.

Cookies: We use cookies to track information while you visit our Sites or use our services. Cookies allow us to count visitors, distinguish repeat visitors, save user preferences, and track trends. Our Sites may not function properly if your browser rejects all cookies. We do not link cookies to personally identifiable information.

Web Beacons: Small transparent graphic images used with cookies to personalize our Sites and collect limited information about visitors. We may use web beacons in email communications to understand customer behavior.

Other Sources and Third Parties: Information from third parties is used to create tailored advertising and product recommendations. Information obtained from third parties is used to match your business with lenders.

3. How Your Information is Used
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We use your information for various purposes, including:
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- Providing Services: To provide the Services to you, including business financing from our partners.
- Service Communications: To keep you updated about our Services, inform you of security issues or updates, or provide transaction-related information.
- Customer Service: To resolve questions, disputes, collect fees, or troubleshoot problems.
- Research and Development: To understand how you use our Services, customize and improve our Services, and develop new services.
- Enhancing Experience: To provide a personalized experience and implement your preferences.Corporate Transactions: To facilitate corporate acquisitions, mergers, or other transactions. You can close your account if you do not wish your information to be processed for these purposes.
- Legal and Regulatory Compliance: To comply with laws and regulations.Enforcing Agreements: To monitor, investigate, prevent, and mitigate prohibited or illegal activities and enforce our agreements.Fraud Detection and Prevention: To detect, prevent, and mitigate fraud and protect your account.
- Quality Control: For quality control and staff training to provide accurate information.
- Network and Information Security: To enhance security, monitor identity or service access, and combat malware or security risks.

4. Disclosures
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We may share your personal information as required by law, to provide our Services, and for legitimate business purposes. When we disclose your personal information to a third party for a business purpose, it is done under written contracts that specify the purpose, require the recipient to keep the information confidential, and prohibit using the information for any purpose other than performing the contract.

4.1 Disclosure by Law

You acknowledge and agree that we may disclose information you provide if required by law, at the request of a third party, or if we, in our sole discretion, believe that such disclosure is reasonable to (1) comply with the law, requests, or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), and (2) protect or defend the rights or property of CX Lending or a third party.

4.2 Lenders and/or Brokers

By signing up for our services or submitting a request for a business loan product or service on our Sites, you consent to the disclosure of your information to lenders and/or brokers within our network. We will not perform a credit check without your authorization. Please be aware that the lenders, brokers, and/or other service providers with whom you are matched and your information is shared may retain your information, even if you do not enter into an agreement with them. You should contact each party directly regarding their privacy and information policies. Additionally, if you enter into an agreement with a lender, broker, or other service provider through the CX Lending service and make changes to your information, we may share the updated information with those lenders, brokers, and/or service providers.

4.3 Disclosure to Trusted Third Parties

Upon completing a profile on the Site and filling out the application, we will share your information with third-party service providers with whom you are matched. A list of these partners can be found on our partners' page. By accepting the Terms of Use, you agree to receive various marketing materials from our trusted third parties, including potential lenders and service providers. We are not responsible for the content or actions of these third parties. Your information may also be shared with third-party contractors that provide services to CX Lending and are bound by this privacy policy. These third parties will treat your information as private and confidential and use it only for authorized purposes. Additionally, from time to time, we may share personal information (such as email or mailing address) about our user base with carefully selected third parties to offer goods and services that may interest our users. If you do not wish to receive offers from our trusted partners, you can change your email preferences at any time by following the steps outlined in the “Choice/Opt-Out” section below.

4.4 Service Providers

We share your personal information with service providers under contract who help with parts of our business operations. Our contracts require these service providers to use your information only in connection with the services they perform for us and prohibit them from selling your information to anyone else. Examples of the types of service providers we may share personal information with include:

- Network infrastructure
- Cloud storagePayment processing
- Transaction monitoring
- Security
- Document repository services
- Customer support
- Internet service providers (ISPs)
- Data analytics
- Information technology
- Marketing

4.5 Other Companies

We may share your personal information with companies or entities we plan to merge with or be acquired by. You will receive prior notice of any change in applicable policies.

4.6 Third-Party Advertising Platforms and Providers

We may share certain personal information with, or make certain personal information available to, third-party advertising platforms and providers, such as usage data and online identifiers when you visit certain portions of our Sites.

4.7 Professionals

We may share your personal information with our professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services to complete third-party financial, technical, compliance, and legal audits of our operations or to comply with our legal obligations.

4.8 Miscellaneous

We may disclose your personal information for any purpose with your consent.

Updating, Accessing, Retaining, and Deleting Your Information

You have the right to update, access, or delete your data, although we may be legally required to retain certain information to comply with the law.

You can update or access your contact information at any time by logging into your account and making any changes. These updates will take effect immediately. If you wish to stop using your account, you may deactivate it. Deactivating your account will prevent your information from being sent to any further lenders, brokers, or other third parties, but the information will not be deleted. You will have the option to restore your account in its entirety if you choose to reactivate it.

You may request to delete your account from CX Lending under certain circumstances. CX Lending may be legally required to retain your information to comply with relevant laws. In such cases, your account will be deactivated, you will be opted out of all communications, and your access will be disabled. If CX Lending can comply with your request to delete your account, the data you provided will be retained in a commercially reasonable manner to comply with relevant laws. Once deleted, your data will no longer be shared, and will only be used for internal research and marketing. Data will be retained for a commercially reasonable period as determined by CX Lending in accordance with applicable law.

We store your personal information securely throughout the life of your CX Lending account and retain it only as long as necessary to fulfill the purposes for which it was collected, including any legal, accounting, or reporting obligations, or to resolve disputes. Retention periods vary by jurisdiction, but generally:

- Personal information collected to comply with legal obligations may be retained after account closure for as long as required by law.
- Contact information for marketing purposes is retained until you unsubscribe, after which your details are added to a suppression list.
- Content you post (e.g., support desk comments, photographs, videos) may be retained after account closure for audit and crime prevention purposes.
- Recordings of our telephone calls with you may be kept for up to six years.
- Information collected via technical means (e.g., cookies, web page counters) is kept for up to one year from the expiry of the cookie.

Opting Out of Receiving Electronic Communications

If you no longer wish to receive promotional email communications from us, follow the instructions in Section 7 below.

Security

We have implemented extensive security measures to protect your information. These measures include industry-standard encryption, restricted administrative access, and other proprietary security methods applied to all data repositories and transfers. While we strive to ensure secure transmission of information between your computer and our servers, no transmission over the internet can be guaranteed 100% secure, and we cannot ensure or warrant the security of any information transmitted to us over the internet. We accept no liability for any unintentional disclosure.

In the event of a data breach at CX Lending, we will notify you as soon as reasonably practicable with information about the breach and any additional information needed to fulfill our obligations under breach notification laws and regulations.

Do not share your account login and/or password with anyone else. Sharing your account information may lead to additional exposure of your account.

Choice / Opt-Out of Marketing

You can choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us at support@CXLending.com. Choosing not to provide certain information may result in the inability to use certain features of the site and obtain the services and products you seek. Do not post personal information on public forums, as you are solely responsible for any information you post.

If you decide you no longer wish to receive our services or future contact from lenders, brokers, or other third parties, you may cancel your account as discussed herein. Canceling your account will prevent your information from being sent to lenders, brokers, or other third parties, but does not guarantee they will cease contacting you. Contact them directly to ensure they stop contacting you.

Certain federal and state regulations require us to maintain a record of your information for specific periods. Due to these regulations, we may be unable to completely delete your information from our database until these periods have expired.

California Privacy Notice

In addition to the rights provided above, the information in this section applies solely to residents of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and California Privacy Rights Act of 2020 (CPRA). Any terms defined in the CCPA have the same meaning when used in this Policy.Effective January 1, 2020, California residents have specific rights regarding their personal information, subject to certain exceptions. Any terms defined in the CCPA have the same meaning when used in this California Privacy Notice.

8.1 Personal Information We Collect

CX Lending may collect the following categories of personal information from California residents within the last twelve (12) months:

- Identifiers: First and last name, email address, phone number, home address, social security number, driver’s license, passport, other government-issued identity documents, password and account credentials, Employer Identification Number, and other contact and personal identification information.
- Personal Information Categories Listed in the California Civil Code § 1798.80(e): First and last name, phone number, home address, signature, social security number, driver’s license, passport, other government-issued identity documents, payment card information, bank account information.
- Internet or Other Electronic Activity Information: Cookie identifiers, pixel tags, embedded scripts, IP address, device identifier, device type, operating system, browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons, geolocation data, browsing history, time spent on the platform, pages visited, links clicked, language preferences, and the pages that led or referred you to our platform.
- Characteristics of Protected Classifications: Date of birth, demographic information (e.g., nationality, gender).
- Commercial Information: Payment histories, account balances and activity, products and services you have purchased or considered, utility bills, profit and loss statements, income statements, credit score and other credit report information, information about transactions made on the Services, and other purchasing or consumer histories and preferences.
- Geolocation Data: Global Positioning System (GPS) data based on your IP address.
- Audio, Electronic, or Visual Information: Photographs, recordings of calls to or from our customer service centers.
- Professional or Employment-Related Information: Office location, job title, and description of role.
- Inferences About You: Inferences based on information about you to create a profile reflecting your preferences, characteristics, psychological trends, behavior, attitudes, intelligence, abilities, and aptitudes.Because of the overlapping nature of certain categories of personal information required by state law, some personal information may reasonably be classified under multiple categories.

8.2 Uses of Personal Information

CX Lending may collect, use, or disclose personal information about California residents for purposes listed in Section 3 of this Privacy Policy. The sensitive personal information described above may be used for any of these purposes.8.3 Sources of Personal InformationCX Lending may collect personal information about California residents from the categories of sources listed in Sections 1.3 and 2 of this Privacy Policy.

8.4 Disclosure of Personal Information

We may disclose your personal information to the categories of service providers and third parties identified in Section 4 of this Privacy Policy, as described in that section. This includes disclosure of your personal information to service providers for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to keep the information confidential and not use it for any purpose other than performing the contract. In the preceding twelve (12) months, we have disclosed each category of personal information listed above, including sensitive personal information, for a business purpose.

Additionally, CX Lending “sells”/“shares” certain personal information, as those terms are defined by the CCPA, for cross-contextual behavioral advertising purposes. Specifically, CX Lending partners with third-party advertising platforms to manage marketing based on your past visits to our Sites and Services. These third parties may use cookies and pixels to gather information about your activities on the Sites and Services to deliver advertising when you visit their platforms. Please review our disclosures in Sections 1.2, 2, and 5 of our Privacy Policy for more information.

The CCPA requires us to identify the categories of personal information we have “sold”/“shared” in the preceding twelve (12) months. In the last twelve (12) months, we have “sold”/“shared” the following categories of personal information to advertising partners for cross-context behavioral advertising purposes:

- Identifiers
- Internet or other electronic network activity information
- Personal information categories listed in the California Civil Code § 1798.80(e)
- Internet or other electronic activity information

8.5 Your California Privacy Rights

California residents have the right to:

- Right to Know: Request what personal information we collect, use, disclose, and/or sell, and to whom, as applicable. You may request a report disclosing the general categories or specific pieces of personal information collected.
- Right to Delete: Request the deletion of your personal information, subject to certain exceptions.
- Right to Opt-Out of Sale or Sharing: Opt-out of the “sale”/“sharing” of your personal information, as defined under California law.
- Right to Limit Use and Disclosure: Limit the use or disclosure of your sensitive personal information to uses necessary for providing our products and services or other authorized purposes. We will not use or disclose your sensitive personal information after you exercise your right unless you provide subsequent consent.
- Right to Correct: Request the correction of your inaccurate personal information.
- Right to Non-Discrimination: Not receive discriminatory treatment for exercising your privacy rights.

How to Submit a Request

You can exercise your rights by contacting us at support@CXLending.com, calling customer service at (805) 244-5032, or filling out this online form. Any request is subject to identification and residency verification as permitted by the CCPA. We will not fulfill your request unless you provide sufficient information to reasonably verify your identity.

Requests by authorized agents: If you are a California resident, you may designate an authorized agent to make a request to access or delete information on your behalf. We will respond to authorized agents who submit proof of authorization or evidence of power of attorney under California Probate Code section 4000 to 4465.

Responses: We will respond to your request within forty-five (45) days of receipt for a period covering twelve (12) months, up to twice in a twelve-month period. CX Lending reserves the right to extend the response time by an additional forty-five (45) days with notification within the first forty-five (45) days.Direct marketing by third parties: CX Lending does not disclose personal information to third parties for direct marketing purposes. California residents have the right to request information regarding such practices under California’s “Shine the Light” law. To inquire further, email privacy@CXLending.com.

8.6 Notice of Right to Opt-Out

As detailed above, CX Lending “sells”/“shares” personal information for cross-context behavioral advertising. To opt-out, fill out this online form.

9 Special Notice to Vermont Residents

Vermont law places additional limits on sharing information about residents, allowing sharing only under specific conditions. We will not share information about Vermont residents except as permitted by law, with companies performing services on our behalf, or with the authorization of the resident.

10 Notification of Privacy Policy Changes

We may update this Privacy Policy to reflect changes in our practices. If we make any material changes, we will notify you by email or via a notice on the Site. We encourage you to review this page periodically for the latest information.

11. Contact Information

If you have any questions about this Privacy Policy or wish to exercise your privacy rights, please contact us at:

11042A Cedar Walk Lane
Charlotte, NC 28177
Telephone: (805) 244-5032
Email: support@CXLending.com