Fundbox Privacy Policy

Last Updated: December 31, 2019

This is the privacy policy ("Privacy Policy") that governs how we, Fundbox, Inc. ("Fundbox", "we", "our" or "us"), use Personal Information (defined below) that we collect, receive and store about you in connection with the use of: (i) the website fundbox.com, and any other website that we operate (each, together with its subdomains, content and services, a "Site"); and (ii) the Fundbox cash-flow optimization™, capital funding, invoice clearing™ and drawing services (each, a "Service"). The Site and any Service are individually and collectively referred to herein as the "Services".

1. Introduction.

We have implemented this Privacy Policy because your privacy, and the privacy of other users, is important to us. This Privacy Policy explains our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Services. "Personal Information" means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address, a home or other physical address, or other contact information.

All business loans and lines of credit issued by First Electronic Bank (“FEB”), a Utah chartered Industrial Bank are subject to FEB’s Privacy Policy, which FEB maintains and can be found here. Users that receive an FEB-issued loan or line of credit using the Services are also subject to the Privacy Policy and disclosures of FEB. Fundbox is not responsible for the privacy practices of FEB and does not exercise control over FEB’s sites.

Fundbox may, from time to time and in its sole discretion, elect to contract with one or more other bank(s) to underwrite loans. In such case, you will be notified of such bank(s) during the loan process.

2. Terms of Use.

This Privacy Policy forms part of our Terms of Use which is available at https://fundbox.com/tou/ ("Terms"). Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Terms.

By using the Services, you consent to the terms of this Privacy Policy and to our collection, processing and sharing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not access or otherwise use the Services. We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Site, and your continued use of the Services thereafter means that you accept those changes.

4. What Personal Information We Collect and How We Collect It.

We do not currently require you to provide Personal Information in order to have access to general information available on the Site. But, we do receive and/or collect Personal Information from you in the following ways:

4.1. Account.

In order to participate in the Service, you are required to create an account ("Account"). We may offer different options to create an Account, including:

(a) Online Registration Form: You may choose to complete and submit an online registration form. You will be asked to provide us with a business email address, a password and certain other basic business details that you will use for your Account.

(b) Third Party Accounts: You may choose to create (or supplement) an Account by clicking on a 'connect' or 'sign on' button that we may display on the Site for a designated account that you have with a third party website or service (each a "Third Party Account"), such as Intuit's QuickBooks, FreshBooks, Xero, or another third party e-invoicing or accounting software product that is designated on our Site. Doing so will enable you to link your Fundbox Service Account and your Third Party Account. If you choose this option, then we will obtain certain information, including Personal Information, from your Third Party Account. The information that we obtain from your Third Party Account is information that you have chosen to make available to us as part of your use of your Third Party Account, and is typically identified in the privacy policy of your Third Party Account provider. You acknowledge and agree to review and be bound by the terms of use and privacy policy of the provider of your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed-in to, an existing Third Party Account.

Regardless of which method you choose to register your Account, we may send an email to your nominated email address, or to the email address that you have designated in your Third Party Account, to instruct you how to confirm your registration.

4.2. Business Information.

If you wish to use a Service then you may be required to provide us with certain information about your business and business personnel ("Business Information"). Such information may include Personal Information about yourself or your business personnel. If you provide, or make available, any Personal Information about any business personnel you must first notify them and obtain their consent to disclose such information to us. Your participation in the Service is optional and you at all times have the choice of choosing whether to provide any Personal Information. Please be aware though that any failure to provide requested information may preclude your business from being approved to obtain funding from us. Fundbox currently uses Envestnet / Yodlee, Inc. (“Yodlee”) to gather data from financial institutions. By using our service, you grant Fundbox and Yodlee the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Yodlee in accordance with the Yodlee Privacy Policy.

4.3. Purchases.

The Service may include the option to purchase certain products or services from us (for example, to obtain funding). If you choose to make a purchase we (or one of our affiliated companies) will require sufficient information from you to complete the transaction. Such information could include a credit card number and related account and billing information, invoice related information, and other data required to process the order. We may also update such data should you grant us permission to bill you or your credit card for recurring charges, such as monthly or other types of periodic payments. We may use the tools, software or services of third-party service providers to process transactions on our behalf, in which case you acknowledge and agree to review and be bound by the terms of use and privacy policy of said third-party service provider.

4.4. 'Contact Us' Information.

If you send us a "Contact Us" request, whether by submitting an online form that we make available on the Site or by sending an email to an email address that we display on the Site, you may be required to provide us with certain information such as your name and email address.

4.5. Log Files.

We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the Services, track user's movement around the Services, and gather demographic information.

4.6. Cookies and Other Data Collection Technologies.

As is true of most digital platforms, we and our third-party providers also collect information about your device, browsing actions and website usage patterns automatically when you visit or interact with our website, including log data (such as your internet protocol (IP) address, operating system, browser type, browser id, the URL you entered and the referring page/campaign, date/time of your visit, the time you spent on our services and any errors that may occur during your visit to our services), analytics data (such as the electronic path you take to our website, through our website and when exiting our website, as well as your usage and activity on our website) and location data (such as your general geographic location based on the log data we or our third-party providers collect). We and our third-party providers may use (i) cookies or small data files that are stored on your computer and (ii) other, similar technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this personal information.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using our website, as some features and offerings may not work properly or at all. Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

Please note certain of our third-party providers may directly collect personal information about your online activities over time and across different websites when you use our website for purposes of providing online behavioral or interest-based advertising services to third parties. We support the self-regulatory principles for online behavioral advertising (“Principles”) published by the Digital Advertising Alliance (“DAA”). These Principles allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest-based advertising purposes. More information about these Principles can be found at www.aboutads.info. If you want to opt out of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our advertising partners, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/ to place an opt-out cookie on your device indicating that you do not want to receive interest-based advertisements. Opt-out cookies only work on the internet browser and device they are downloaded onto. If you want to opt out of interest-based advertisements across all your browsers and devices, you will need to opt out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to opt out again.

If you want to opt out of receiving online interest-based advertisements on mobile apps, please follow the instructions at http://www.aboutads.info/appchoices.

Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us on our website or third-party websites. It means that the online ads that you do see from DAA program participants should not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

5. The Way We Use Personal Information.

If you submit or we collect Personal Information through the Services, then such Personal Information may be used by us in the following ways:

5.1. We will use your Personal Information to provide and improve our Services, to contact you in connection with the Services and certain programs or offerings that you may have registered for, and to identify and authenticate your access to the parts of the Services that you are authorized to access.

5.2. We may use your designated email address to: (i) send you updates or news regarding the Services and our products; and/or (ii) respond to a "Contact Us" or administrative request (for example, to change your password).

5.3. We will use the Business Information and Third Party Account information that we collect to provide a Service to you, including to: (i) review your application for funding (this may include using such information to undertake a Background Check); and (ii) process an approved application and provide you with funding.

5.4. We may collect and use your Personal Information, the Business Information and Third Party Account information as otherwise set forth in our Terms.

5.5. We may transfer your Personal Information to our subsidiaries or affiliated companies for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries around the world. We require that these parties agree to process such information in compliance with our Privacy Policy.

5.6. We may share your Personal Information with our third party service providers and partners, but only to assist us with our business operations and to provide the Services. For instance, information used to determine creditworthiness may be shared with FEB, if your loan is originated by FEB. Such information may be transferred to other countries around the world. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Information.

5.7. We may disclose your Personal Information or any information you submitted via the Service if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Fundbox, our users, yourself or the public.

5.8. We may disclose your Personal Information, Business Information, Fundbox credit decision and process, as well as Third Party Account information (with or without compensation) to Fundbox platform merchants/vendors, affiliated brokers and advertisers in order to facilitate your use of the Service, and as required to fulfill contractual obligations. Our affiliates and broker partners are all required to preserve the confidentiality of any personal information they may access.

6. Use of Anonymous Information.

We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our Services and enhance your experience with the Services. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated information about the use of our Services.

7. Opting Out.

You may choose not to receive future promotional, advertising, or other Services-related emails from us by selecting an unsubscribe link at the bottom of such emails that you receive from us. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any "Contact Us" request as well as administrative emails (for example, in connection with a password reset request, an email verification, or a payment-related email) that are necessary to facilitate your use of the Services.

8. Choice.

At all times, you may choose whether or not to provide or disclose Personal Information. If you choose not to provide mandatory Personal Information, you may still visit parts of the Services but you may be unable to access certain options, programs, offers, and services that involve our interaction with you.

9. Access/Accuracy.

To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. You may use the tools that we make available on the Service to remove or modify certain information in your Account (you may also be able to remove or modify certain information via your Third Party Account that you have linked to). If you would like to correct any of your other Personal Information that we may be storing, you may submit an access request by sending an email to support@fundbox.com. Your email should include adequate details of your request. Fundbox may retain archived information that the you have provided in the course of obtaining or attempting to obtain services through Fundbox in order to comply with applicable law, regulation, legal process, partner contractual obligations and our own internal policies.

The Services may enable you to interact with or contain links to your Third Party Account and other third party websites, mobile software applications and services that are not owned or controlled by us (each a "Third Party Service"). We are not responsible for the privacy practices or the content of these Third Party Services. Please be aware that the Third Party Services may collect Personal Information from you. Accordingly, we encourage you to read the terms and conditions and privacy policy of each Third Party Service that you choose to use or interact with.

11. Children's Privacy.

The Services are not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at support@fundbox.com.

12. HIPAA.

Fundbox is not an entity that is covered by the Health Insurance Portability and Accountability Act (“HIPAA”). The HIPAA privacy rules apply to health plans, health care clearinghouses, to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of Health and Human Services has adopted standards under HIPAA (the “covered entities”) and their service providers (“business associates”). This means that the information that you provide to Fundbox is not protected by the HIPAA privacy rules and regulations. You may not submit or otherwise make available any protected health information (as that term is defined under HIPAA) to Fundbox.

13. Security.

The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the Service, you can contact us at support@fundbox.com.

14. Merger, Sale or Bankruptcy.

In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.

15. Commitment.

We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our Service to meet these demands. If you have any comments or questions regarding our Privacy Policy, or your Personal Information that we may be storing and using, please contact us at support@fundbox.com.

16. California Privacy Rights.

If you are a California resident, please review our California Notice. California residents may be able to exercise additional rights granted by California law in relation to the Personal Information that we have collected (subject to certain limitations) as described in our California Notice.

17. Nevada Privacy Rights.

If you are a Nevada resident, you may ask Fundbox to add you to our opt-out list for possible future sales of certain information we have collected or will collect about you. To submit such a request, please contact us at support@fundbox.com.

18. Vermont Residents.

If you live in Vermont, we will share information only as permitted by law. We will not share your personal information with nonaffiliates for their marketing purposes, unless you authorize us to do so. We will not share consumer report information about you with joint marketing partners or with affiliates, except with your consent or to the extent otherwise permitted by law.