PRIVACY POLICY

Effective Date: 10/10/19

This Express Capital Funding, Inc Privacy Policy ("Policy") applies to all websites owned and operated by  ("Express", "we", "us", or "our") including, www.expresscapital.com ("Website"), as well as to any process whereby we collect information, including by telephone. We are serious about maintaining the highest standards when it comes to your privacy and the security of the data you provide to Express. This Policy describes how Express collects and uses the personal information you provide us. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information. This Policy applies to the collection of individual personal information.

COLLECTION OF PERSONAL INFORMATION

We may collect personal information (the "Personal Information") from you such as contact information (e.g., name, mailing address, phone number and email), financial information (e.g., bank accounts, brokerage account numbers, investment types), social security number, unique identifiers (e.g., user name, account number or password), demographic information (e.g., age, education, and personal interests), and preference information (e.g., product "wish lists", order history or marketing preferences). We may also conduct a site visit to your business to collect information. We may also use communications with, and information collected by, independent sales or marketing representatives that may refer you to us.

The primary purpose for which Express collects Personal Information is to provide you with safe, secure, and efficient mechanisms to meet your business funding needs. More specifically, Express may use the Personal Information to: (1) evaluate and assess your business's needs, eligibility and suitability for products or services to be provided through Express or its affiliates; (2) respond to your requests or inquiries or for similar customer service issues; (3) verify your identity and enter into or support a transaction or agreement with you, on our own or on behalf of a third-party for business credit and/or financing transactions; (4) send product or service information you request; (5) generally provide administrative services related to your business's accounts and products; (6) resolve disputes or collect fees; (7) enforce our contractual rights; (8) send you information about Express and its various product and service offerings and those of our affiliates, including marketing and promotional materials via email or otherwise; (9) improve our Websites, products, services and marketing efforts; (10) conduct research and analysis; and/or (11) display content based upon your interests.

DISCLOSURE OF PERSONAL INFORMATION

We share your Personal Information with third parties who provide various products and services. We will only share this Personal Information as set forth below:

• When we believe in good faith that disclosure is necessary to protect or enforce our legal rights to property, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• To our subsidiaries or affiliates;
• To provide information about your transactions, creditworthiness and experiences;
• To provide you with information relating to products or services that we believe you may find of interest, including working capital or financing solutions from third parties if we cannot fulfill your needs. In these cases, we will only share basic information, such as your contact information, company name, and the amount of funds you requested;
• As required by law, such as in response to a subpoena, summons or similar legal process in general;
• To third parties who support us in providing products and services to you such as customer service, credit checks, bank account verification, secure data storage, transfer or payment or similar services. These third parties will be authorized to use your personal information only as necessary to provide services to us;
• To our partners, lenders and/or auditors during their review or audit of our business;
• To a buyer or successor entity in the event of a merger, acquisition or sale. You will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information;
• To an asset purchaser for an asset sale.

Third parties who have access to your Personal Information are required to adhere to privacy standards at least as stringent as those set forth in this Privacy Policy.

CAN SPAM ACT

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at:  optout@expresscapital.com

USER ACCESS AND CHOICE

Upon request, Express will provide you with information about whether we hold any of your Personal Information. If your Personal Information changes, or if you no longer want to be updated or to be contacted for new products or services, you may, at any time, correct, update, amend, delete, remove or deactivate your contact information by emailing us at optout@expresscapital.com, calling us at (800) 301-9149, or mailing us at 130 S. Chaparral Court, Suite 245, Anaheim, CA 92808, Attn: Customer Service. We will update our records and will respond to your request, usually within 15 days of hearing from you.

We will retain your information if your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may contact us at customerservice@expresscapital.com. If you cancel your account or your account is inactive, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

OPT-OUT PREFERENCES

We will use your name and email address to send our newsletters and other marketing materials to you. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, or you can contact us at optout@expresscapital.com.

INFORMATION SECURITY

We take the security of your Personal Information very seriously. We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

COOKIES AND OTHER TRACKING TECHNOLOGIES

Express and our business partners (such as our digital marketing agencies, affiliates, and/or service providers), use cookies or similar technologies to analyze trends, administer the Websites, track users' movements around the Websites, and gather demographic information about our user base. We may receive reports based on these technologies on an individual as well as on an aggregate basis.

We also use cookies to remember users' settings and for authentication purposes. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Websites, but your ability to use some features or some areas of the Websites may be limited and you may need to complete identity verification steps each time.

As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data.

We may combine this automatically collected data with other information we collect about you. We do this to improve the services we offer you, to improve marketing, analytics and/or website functionality.

Some web browsers transmit "do-not-track" signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

ADVERTISING

We may partner with third parties to display advertising on our Websites and manage our advertising on other sites. Our third-party partners may use technologies such as cookies to gather information about your activities on our Websites and other sites in order to provide advertising to you that is based upon your browsing activities and interests. 

LINKS TO 3RD PARTY SITES

Our Websites include links to other websites whose privacy practices may differ from those of Express. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

TESTIMONIALS

We display testimonials of satisfied customers on our Websites in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at customerservice@expresscapital.com.

SOCIAL MEDIA WIDGETS

Our Websites include social media features that allow you to interact with third-party sites such as Facebook, Twitter, LinkedIn or Glassdoor. These features may collect your IP address and which page(s) you visit on the Websites, and may set a cookie to enable the feature to function properly. These social media features are hosted by a third-party, or hosted directly on the third-party's website. Your interactions with these third-party sites are governed by those sites' respective privacy policies.

CHILDREN

We do not knowingly collect any Personal Information from children under the age of 13 without parental consent, unless permitted by law. If we learn that a child under the age of 13 has provided us with Personal Information, we will delete it in accordance with applicable law.

CHANGES TO THIS PRIVACY POLICY

We may update this Policy to reflect changes in our information collection or retention practices. When we update the Policy, we will revise the "Effective Date" above and post the new Privacy Policy. We encourage you to review this Policy periodically for the latest information on our privacy practices.