This policy applies to information we collect:
- On this Website.
- In e-mail, text and other electronic messages between you and this Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. This policy may change from time to time, without notice. It is your sole responsibility to check the policy periodically for updates.
II. INFORMATION WE COLLECT ABOUT YOU
We collect information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number and other information that can be used to identify you (“Personal Information”).
We collect Personal Information directly from you when you provide it to us. For example, the Personal Information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to any services offered on the Website, including the information you provided on any applications, posting material or requesting further services. We may also ask you for information when you report a problem with our Website.
- Records and copies of your correspondence (including e-mail addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Website, including financial information.
- Your search queries on the Website, if any.
We may also collect certain information automatically when you browse the Website that individually does not identify you, to help us administer and operate the Website and better understand how users access and interact with the Website. Examples of this type of information include:
- Your IP address
- The equipment you use to access our Website
- Browser type and operating system information
- Your state or country from which you accessed the Website
- Your internet service provider
- Number of links you click within the site.
- Date and time of your visit to the Website
- Web page you linked to our site from.
- Pages you viewed on the site.
III. HOW WE USE YOUR PERSONAL INFORMATION
We use information that we collect about you or that you provide to us, including Personal Information, for the following business purposes:
- To provide you with information, products or services that you request from us or that we believe may be relevant to you, or to respond to your questions or requests;
- To provide you with notices about your account, including expiration and renewal notices;
- To provide, support, personalize, and develop the Company’s Website, products and services;
- To create, maintain, customize, and secure your account with the Company;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To notify you about changes to our Website or any products or services we offer or provide through it;
- To contact you about our goods and services, or events or news, that may be of interest to you;
- To allow you to participate in interactive features on our Website;
- To process your requests, purchases, transactions, and payments and prevent transactional fraud;
- For testing, research, analysis, and product development, including to develop and improve the Company’s website, products, and services;
- To protect the Company, you, and others; prevent fraud and other unlawful or unauthorized activity; and create and maintain a trusted, secure, and reliable online environment;
- To comply with applicable law;
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about consumers is among the assets transferred; or
- In any other way we may describe when you provide the information.
We use aggregated and automatically-collected data to improve our Website and to deliver a better and more personalized service, including by enabling us to do certain things, including but not limited to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
IV. HOW WE SHARE YOUR PERSONAL INFORMATION
We may share Personal Information that we collect about you as follows:
- With third-party service providers who perform services on our behalf. For example, we may share your Personal Information with credit reporting services when we request a credit report regarding you, and to other potential sources of funding you identify to us. We may share your Personal Information with third parties who assist us with customer support services, who provide IT services, and who otherwise help us provide, maintain, and improve our services;
- With our business partners in connection with our Website and/or products and services, consistent with your expressed preferences and reasonable expectations;
- With our affiliates, to provide our Website and for our administrative, business, and commercial purposes;
- With collection agencies, in order to collect on delinquent accounts;
- Affiliate and business transfer. In connection with a transaction or proposed transaction involving the transfer of substantially all of the assets of Upscale Capital or one or more of its businesses to another entity, whether an affiliate or a third party, or in connection with a bankruptcy;
- Compliance and harm prevention. In order to investigate, prevent, defend against, or take other action regarding violations of our Terms of Service, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our Website and/or services offered on our Website; to protect ourselves against legal liability; to respond to claims that any posting or other content violates the rights of third parties; in an emergency, to protect the health and safety of our Website’s users or the general public; or to respond to subpoenas, court orders, or legal processes, including requests from law enforcement.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
V. COOKIES AND SIMILAR TECHNOLOGIES
A cookie is a small file, often including a unique identifier, which is sent to your browser from a website and placed on the hard drive of your computer.
We use both “session” cookies and “persistent” cookies. We use session cookies to make it easier for you to navigate our Website. A session cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your browser’s help file.
We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our Website. If you choose to turn off cookies on your computer, you may be unable to access certain parts of our Website.
Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For more information about flash cookies, please visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company to gather website statistics, including but not limited to counting users who have visited those pages or opened an e-mail. Other examples include but are not limited to recording the popularity of certain website content and verifying system and server integrity. We may tie this information to Personal Information about you that we collect from other sources or that you provide to us.
We also use Google Analytics to collect information such as your IP address, your internet service provider, the web page you linked to our Website from, and other clicking and browsing behavior, to analyze how users use our Website. You may opt out of Google Analytics by using the browser add-on provided by Google, available at https://tools.google.com/dlpage/gaoptout.
VI. YOUR CHOICES
You are not obligated to provide Personal Information while accessing the Website. However, if you choose not to provide Personal Information through the Website, certain functionalities of the Website may not be available to you and the Company may not be able to provide certain services to you or respond to your requests. For example, you may not be able to apply for financing online, submit an application for employment, or otherwise access all of the features of the Website.
You may have certain rights and choices regarding our use and disclosure of your Personal Information, including:
- 1. Opting out of receiving electronic communications from us. If you no longer wish to receive marketing emails from us, you can opt out of these communications by clicking on the “unsubscribe” link included in those emails or emailing email@example.com with the subject line: Marketing Unsubscribe. This opt-out does not apply to communications from the Company as a result of financing you negotiate or receive, responses to calls you have placed to the Company, or other transactions.
VII. USE OF THE WEBSITE BY UNDERAGE INDIVIDUALS
Our Website is not intended for children under 18 years of age. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18, we will use commercially-reasonable efforts to delete that information. If you believe we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
VIII. CHANGES TO YOUR INFORMATION
If you believe any Personal Information we have about you is inaccurate, you may send us an e-mail at email@example.com to request that we correct or delete any inaccurate Personal Information that you have provided to us. We will not accommodate a request to change Personal Information if we believe the change would violate any law or legal requirement, cause the information to be incorrect, or materially hinder our ability to provide you with services or collect an outstanding balance.
IX. HOW WE RESPOND TO “DO NOT TRACK” SIGNALS
We take reasonable measures to help protect Personal Information against loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no system is perfectly secure or guaranteed to be free from unauthorized use or access. Before submitting any Personal Information through the Website, please be aware of these inherent risks and know that you do so at your own risk.
XII. CONTACT US
Effective Date: 01/01/2021
Last Revised on January 1, 2024
I. Information the Company Collects
As part of providing funding to small and medium-sized businesses, the Company collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). Personal Information includes information collected by the Company via any medium, including online and offline.
Personal Information does not include:
- Publicly available information, which includes information made available from government records; information that a business has a reasonable basis to believe is lawfully available to the general public, either through widely distributed media, or by the consumer; and information that is made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, including but not limited to:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
In particular, the Company has collected the following categories of Personal Information from consumers, in relation to commercial financing, within the past twelve (12) months:
Categories of Personal Information We Collect
Examples of Types of Personal Information We Collect in Each Category
First and last name; postal address; email address; telephone number; Social Security number; account name and password; Internet Protocol (IP) address and similar online or device identifiers
Personal information as described in California Civil Code Section 1798.80(e)
First and last name; residential address; signature; bank account number and related bank account information; payment card information
Characteristics of protected classifications under California or federal law
Gender or gender identity; age and date of birth; income level and related information; marital status; military or veteran status; and/or national origin; criminal records
Products and services that you have purchased, obtained, or considered; account balances and activity; and/or other purchasing or consumer histories, tendencies, and preferences
Internet or other electronic network activity information
Global Positioning System (“GPS”) data based on your IP address
Recordings of calls to or from our customer service centers; photographs
Professional or employment-related information
Business or employer name, address, and other contact information; job title or role
Inferences about you
Inferences based on information about an individual to create a profile about a consumer reflecting the individual’s characteristics, predispositions, and behavior.
Please note that because of the overlapping nature of certain of the categories of Personal Information identified above, which are required by state law, some of the Personal Information we collect may be reasonably classified under multiple categories.
Sensitive personal information. Certain of the personal information that we collect, as described above, may constitute “Sensitive Personal Information” as defined by California law, including:
- Social Security number, driver’s license, state identification card, or passport number;
- Account log-in and/or financial account number combined with required security or access codes, passwords, or other credentials allowing access to an account; and
- Precise geolocation.
II. Sources of Personal Information
The Company obtains the categories of Personal Information listed above from the following categories of sources:
- Directly from you or your agent(s). For example, from information that you provide on an electronic financing application on the Company’s website (https://www.upscalecapital.com/ and its sub-domains).
- Indirectly from you or your agent(s). For example, through website usage details collected automatically when you browse the Company’s website, such as your Internet Protocol (IP) address or browser type.
- From third parties that interact with the Company in connection with the services the Company provides to you. For example, from a broker or independent sales organization (ISO) that facilitates the funding process or presents a funding deal to the Company on your behalf.
- From third parties that may provide your information based upon your interest in our products and services.
III. How We Use Your Personal Information
- Identify and communicate with employees and other representatives of the businesses that engage the Company in connection with receiving its products and services;
- Maintain and improve the Company’s ability to serve those individuals and the businesses that they represent; and
- Negotiate, execute, and perform on contracts and other arrangements to receive the Company’s products and services.
The Sensitive Personal Information that we collect as described in Section I above may be used for any of the above purposes.
The Company will not collect additional categories of Personal Information or use the Personal Information it collected for materially different, unrelated, or incompatible purposes without providing you notice.
IV. Disclosure of Personal Information
The Company may disclose your Personal Information to certain third-party service providers or contractors for one or more business purposes. The Company only makes these business purpose disclosures pursuant to written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract.
- Affiliate, parent, or subsidiary organizations.
- Service providers, which may include Internet service providers, analytics providers, social networks, fraud prevention providers, customer relationship management (CRM) providers, professional services providers, and other businesses that may provide the Company with various services.
- Government entities in connection with our legal obligations.
- Business partners, such as brokers or ISOs that facilitated the funding process with the Company on your behalf, and consistent with your notice and direction.
In the preceding twelve (12) months, the Company has “sold” and/or “shared” Personal Information as those terms are defined by the CCPA only to the extent that the Company for purposes of cross-context behavioral advertising. Specifically, as with many online companies, the Company partners with third parties, such as Google, to manage our marketing on other platforms, where such advertising is based on your past visits to our Website. These third-party partners may use technologies, such as cookies and other trackers, to gather information about your activities on the Website to deliver such advertising to you when you visit their platforms.
The CCPA requires us to identify the categories of Personal Information that we have “sold” or “shared” under the CCPA in the preceding twelve (12) months.
In the last twelve (12) months, we have “shared” the following categories of Personal Information to advertising partners for cross-context behavioral advertising purposes:
- Internet or other electronic network activity information
Other than as disclosed above, the Company does not and will not sell Personal Information.
V. Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This Section V describes your CCPA rights and explains how to exercise those rights.
Right to Know and Data Portability
You have the right to request that the Company disclose certain information to you about its collection and use of your Personal Information (the “right to know”). Once the Company receives your request and confirms your identity (see Exercising Your Rights below), the Company will disclose to you:
- The categories of Personal Information the Company collected about you.
- The categories of sources for the Personal Information the Company collected about you.
- The Company’s business or commercial purpose for collecting that Personal Information.
- The categories of third parties with whom the Company shares that Personal Information.
- The specific pieces of Personal Information the Company collected about you (also called a “data portability” request).
- If the Company disclosed your Personal Information for a business purpose, a list of such disclosures identifying the Personal Information categories that each category of recipient obtained.
Right to Delete
You have the right to request that the Company delete any of your Personal Information that the Company collected about you and retained, subject to certain exceptions (the “right to delete”). Once the Company receives your request and confirms your identity (see Exercising Your Rights below), the Company will review your request to see if an exception allowing the Company to retain the Personal Information applies.
Right to Opt-Out of “Sales” and/or “Sharing”
You have the right to opt-out of the sale or sharing of your personal information as those terms are defined under California law. Please review our “Notice of Right to Opt-Out” below.
Right to Correct
You have the right to request the correction of Personal Information that you believe is inaccurate.
Right to Limit Use and Disclosure
You have the right to limit the use or disclosure of your Sensitive Personal Information to only the uses necessary for us to provide goods or services to you or for certain other purposes authorized by California law. We will not use or disclose your Sensitive Personal Information after you have exercised your right unless you subsequently provide consent for the use of your Sensitive Personal Information for additional purposes.
You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above. However, the Company may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive the Company offers will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. The Company does not currently offer a financial incentive program.
Exercising Your Rights to Know or Delete
To exercise your rights to know or delete described above, please submit a request to the Company in any of the following ways:
- Emailing firstname.lastname@example.org
- Calling 212-827-5602
Only you, or someone legally authorized to act on your behalf, may make a request. To designate an authorized agent, or if you are an authorized agent seeking to exercise CCPA rights on behalf of another person, you must contact the Company by one of the methods listed above and provide the Company with the agent’s name, contact information, and other relevant information and documentation, such as a Power of Attorney or letter of conservatorship, that will help the Company identify the authorized agent. You may also make a request on behalf of your minor child.
Your request must:
- Provide sufficient information that allows the Company to reasonably verify that you are the person about whom the Company collected Personal Information or that person’s authorized representative, which may include name, email address, phone number, proof of your identity, residency verification, and last four digits of your Social Security number in order to match the identifying information you provide to the Personal Information of the consumer already maintained by the Company.
- Describe your request with sufficient detail that allows the Company to properly understand, evaluate, and respond to it.
The Company cannot respond to your request or provide you with Personal Information if the Company cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. You do not need to create an account with the Company in order to submit a request. The Company will only use Personal Information provided in the request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
The Company will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact email@example.com. The Company endeavors to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If the Company requires more time (up to another 45 days), the Company will inform you of the reason and extension period in writing. If you have an account with the Company, the Company will deliver its written response to that account. If you do not have an account with the Company, the Company will deliver its written response by mail or electronically, at your option. The response the Company provides will also explain the reasons that the Company cannot comply with a request, if applicable. For data portability requests, the Company will select a format to provide your Personal Information that is readily useable and should allow you to transmit the Personal Information from one entity to another entity without hindrance, typically by email or first-class mail (based on how the request was submitted), but the Company does not guarantee that all formats are useable in all media.
The Company does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If the Company determines that the request warrants a fee, the Company will tell you why it made that decision and provide you with a cost estimate before completing your request.
We currently do not collect household data. If we receive a request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 13, as we do not collect Personal Information from any person under the age of 13.
VI. Notice of Right to Opt-Out
If you wish to opt-out of the “sales” and/or “sharing” of Personal Information for purposes of cross-context behavioral advertising, as described in Section IV above, please utilize our opt-out email at firstname.lastname@example.org.
We also encourage you to visit the Network Advertising Initiative and/or the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising for more information about opting out of seeing targeted digital advertisements. You may also visit these websites for more information on how you can opt back in to the sharing of data.
VII. Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Company’s website that are California residents to request certain information regarding the Company’s disclosure of personal information, if any, to third parties for those third parties’ direct marketing purposes. The disclosure requirements apply only if the Company shares consumers’ personal information with third parties for them to directly market their own products to those consumers, instead of assisting the Company with the Company’s own business. If you are a California resident and would like to make such a request, please email email@example.com
VIII. Changes to This Policy
IX. Contact Information