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Privacy Policy

This Privacy Policy has been updated effective December 31, 2020

Funding Circle Privacy Policy

This privacy policy (this “Privacy Policy”) governs the collection, storage, and use of information and data collected by Funding Circle USA, Inc. or any of our U.S. affiliates (collectively, “Funding Circle,” “we”, “us”, or “our”), via our website at www.fundingcircle.com and its subdomains, by our mobile application, or by telephone, facsimile, email, or other means (collectively, and together with our website, “Funding Circle Services”).

We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use our website or any other Funding Circle Services.

Please read this Privacy Policy carefully. By accessing and using this website or any other Funding Circle Services, you confirm that you have read and understand this Privacy Policy in its entirety. You understand and acknowledge that we reserve the right to change or amend this Privacy Policy at any time, which will be reflected by the “effective” date above. Please check this webpage regularly to stay informed of updates to this Privacy Policy. If any material changes are made to this Privacy Policy, advance notice of the changes will be posted in the first section of this webpage as required by applicable law. You understand that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

If you do not agree to this Privacy Policy in its entirety, you must refrain from using this website or any other Funding Circle Services.

Please also visit our Terms of Use which establish the rules, disclaimers, and limitations of liability governing your use of our website.

1. What information do we collect from you?

A. Information provided by you directly or by your agent

Funding Circle collects information when you use Funding Circle Services and supplied by you or your designated agent during the application process, including but not limited to, the following information (as applicable):

Borrowers

Individual and business names

Mailing address

Business address

Phone and email details, including passwords

Bank account information

Date of birth

Social security number, drivers' license, or other government IDs

Income, assets, debt, and other personal and business data

Other information provided in correspondence with us, including by email, post facsimile, and telephone

B. Cookies and tracking technologies

When you use Funding Circle Services, we and our third-party service providers may utilize cookies and other similar technologies (such as web beacons or pixel tags) to capture and remember certain information (collectively, “Technologies”). These Technologies helps us to improve your website experience, provide you with better tools, and operate our business in other ways described under the heading “Why do we collect this information” below. You have the ability to disable cookies in your browser settings; however, doing so may affect the functionality of certain features of our website.

Analytics. We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Services, to provide tailored advertising, and to evaluate our marketing efforts. For more information about Google Analytics, please visit http://www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. We do not process “do not track” (DNT) signals. For more information on our use of cookies, including instructions on how to opt out, please visit https://www.fundingcircle.com/about-us/cookie-policy.

You may stop or restrict the placement of tracking technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at http://www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and http://www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings menu to exercise this choice.

Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

C. Device specific information and tracking technologies

When you use Funding Circle Services, we and our third-party service providers may collect device specific information. This information, including but not limited to your internet protocol address, geographical location, browser type, operating system, MAC address, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, length of visit, and pages viewed, is saved automatically in log files. We use the information in these files to improve the functionality of our services and in other ways described under the heading “Why do we collect this information” below.

D. Information obtained from third parties

Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.

Information from financial partners to process your loan. In addition to collecting personal information supplied by you or your designated agent, we use unaffiliated third parties to gather data on borrowers and prospective borrowers, from financial institutions, consumer reporting agencies, and other information service providers for purposes described under the heading “Why do we collect this information” below. This information includes the categories of information described above, and also includes:

Government IDs
Criminal records
Household records
Employment information, such as visa permit number

By using Funding Circle Services and applying for a loan, you acknowledge that our unaffiliated, third-party providers will have the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution or consumer reporting agency, according to the terms of such third-party provider’s privacy policy.

2. Why do we collect this information?

Funding Circle may use information we collect about you to:

determine your eligibility for a loan;
obtain, upon your authorization, a credit report, references, and other information from credit bureaus or other third parties in connection with your loan application;
verify your identity;
detect and guard against potential fraud and identity theft;
manage and monitor your Funding Circle account and update your records;
create a marketplace loan listing on the Funding Circle website, which includes a Funding Circle credit grade that is based on your credit history and financial circumstances;
process your payments and other transactions;
develop, maintain and improve our website, products, and services;
detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity;
improve customer acquisition through the use of advertising campaigns and other means, such as targeted marketing;
enforce our agreements;
carry out statistical analysis and market research and testing;
comply with our legal and regulatory obligations, and carry out regulatory checks;
make our website available to you and identify products and services you may be interested in; and/or
send or facilitate communications with you.

3. How and when is your information shared with other parties?

We do not “sell” your personal information as the term is defined under the California Consumer Privacy Act (CCPA), nor have we sold personal information in the preceding 12 months. Your information, as collected by or provided to us, may be shared by us (currently and in the preceding 12 months) with the following categories of third parties:

Category	Examples	Category of Third Parties Information is Disclosed to
Identifiers	A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.	Service Providers Investors Loan Partners
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))	A name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, bank account information,	Service Providers Investors Loan Partners
Protected classification characteristics under California or federal law	Age (40 years or older).	Service Providers Investors Loan Partners
Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Service Providers Investors and Loan Partners (limited to records of personal property) Advertising Partners (limited to records of Funding Circle products or services purchased, obtained, or considered)
Internet or other electronic network activity	Browsing history, search history, information on a consumer's interaction with an internet website, application, or advertisement.	Service Providers Advertising Providers
Professional or employment-related information	Current or past job history or performance evaluations.	Service Providers Investors Loan Partners
Inferences drawn from other personal information to create a profile about a consumer	Profile reflecting a consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Service Providers Advertising Providers

For more information on this sharing, see below:

Sharing with Investors. We share information about your business and financial situation (as described in more detail in Section 4 below) in order to operate our marketplace lending platform, including:
- To make available a loan listing to prospective investors.
- To make available additional loan and/or borrower information to investors who invest in a loan.
- To otherwise make information available to prospective investors who are contractually required to implement safeguards to protect and maintain the confidentiality of the information we share.

Sharing with Service Providers. In order to provide, operate, and improve Funding Circle Services for accredited investors, we may share your information with service providers who assist us in operating our website, providing market research and marketing our products and services, or servicing our loans, so long as the service provider contractually agrees to only use the data on our behalf.
- Service providers may also include your representative(s), to the extent such a representative assists or assisted with the investor eligibility process. Information shared with your representative may include, among others, information about your loan performance.

Sharing with Loan partners. In order to enable Funding Circle to carry out our services and conduct our businesses, such as marketing, lending, loan servicing, and collections activities, including, but not limited to:
- With credit bureaus, consumer reporting agencies, financial institutions, collections agencies, and fraud prevention agencies in order to, among other things, perform various checks, locate borrowers, or recover debts.
- With business credit bureaus to report loan performance.

Sharing with Advertising partners. We may allow third-party advertising partners to set cookies and other tracking tools described in “Cookies and tracking technologies” above to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third-party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions in “Cookies and tracking technologies” above to opt out, or visit this page for instructions: https://www.fundingcircle.com/about-us/cookie-policy#stopping_cookies.

In addition to the sharing outlined above, we may share any information we maintain about you with the following parties:

With our company affiliates in the US and UK;
With any third party who acquires some or all of our business and/or assets in connection with an acquisition or merger, as permitted under applicable law;
When required by applicable law, including, but not limited to:
- With law enforcement or other government bodies, such as to comply with subpoenas, bankruptcy proceedings, or similar legal processes or for the purposes of limiting fraud.
- When we believe in good faith that sharing such information is necessary to enforce our site policies or any loan agreement, protect our or other’s rights, property, or safety, and/or to comply with a judicial proceeding, court order, or legal process.; and
With other third parties in de-identified or aggregated form, for marketing, advertising, research, or other business purposes.
We may continue to process your information as described in this Privacy Policy after your use of Funding Circle Services has ended, for example to protect our rights as described above. For example, if you opt in to the “Funding Circle Marketplace” program, we will share your name, email address, phone number, loan request information (including but not limited to loan amount requested and use of proceeds), and business information (including but not limited to company name and the number of years in business) with unaffiliated third parties who are in the business of arranging or providing financing. We may receive financial compensation from these third parties in connection with the sharing of this information.

International Data Transfers. You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.

4. What will be displayed when a borrower’s loan lists on the Funding Circle website?

When a loan is approved, we will make available certain information about the loan and the borrower to prospective investors. This information may include business information, business Financials, loan terms, and other loan information, as shown below.

Business Information	Loan Information
Business Name	Business Bankruptcy
“Friendly” Listing Name	Date of Business Bankruptcy
Years of Operation	Debt Coverage Ratio
Industry	Asset Coverage Ratio
NAICS Code	Number of Guarantors
Business Location–City & State	Credit Score of Guarantor
Business activity	Part of Franchise Network
State of Incorporation	Prior Loan(s) with FC
Number of Employees	Amortization Table

Business Financials	Loan Terms
Income Statement	Loan Principal Amount
Balance Sheet	Interest Rate
	Term

5. Storage and security

While we take appropriate physical, technical and organizational measures to safeguard the personal information that you provide to us, unfortunately no system is 100% secure. To the fullest extent permitted by applicable law, we accept no liability if communications are unintentionally disclosed, intercepted by third parties, incorrectly delivered, or fail to deliver.

The personally identifiable information that you provide and that we collect will be stored and maintained by Funding Circle 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 Privacy Policy, or (b) to comply with applicable laws, contracts or other rules or regulations.

6. Your rights

In accordance with applicable law, you may have the right, subject to verification of your identity:

To update and correct any out-of-date or incorrect personal information that we hold about you free of charge; and
To opt out of any marketing communications that we or any service provider to whom we have disclosed your personal information may send you.
To request deletion of your personal information, subject to certain exceptions prescribed by law.
To request restriction of or object to processing of your personal information, including the right to opt in or opt out of the sale of your Personal Data to third parties, if applicable, where such requests are permitted by law.

If you wish to exercise any of the above rights, please contact us using the details specified under the heading “Contacting us” below. Note that we will require you to take steps to verify your identity before you may exercise the rights listed above, such as by requesting you provide us with your account information, or asking you to answer questions regarding your activities on our Services. Once you have verified your identity, you may also designate an authorized agent to exercise your rights on your behalf by providing the agent’s contact information to out customer support staff, as required by applicable law.

You may have a right not to receive discriminatory treatment as a result of your exercise of these rights.

Please note that the Fair Credit Report Act (FCRA) requires each of the nationwide credit reporting agencies—Equifax, Experian, and TransUnion—to provide you with a free copy of your credit report, at your request, once every 12 months. For more information, visit: http://www.ftc.gov.

7. Links to Other Sites

Our website may offer links to sites of other companies and associations. While we monitor the quality of content provided on these sites, these external sites are not subject to this Privacy Policy and we have no control over their content. Please carefully review the policies of these sites before providing any personal information.

8. Children’s Online Privacy Protection Act

We comply with the requirements of the Children’s Online Privacy Protection Act. We do not knowingly collect personal information from children under the age of the 13, nor do we have actual knowledge of any sale of personal information of minors under 16 years of age, as the term “sale” is defined under the CCPA. Our websites, products, and services are all directed to people who are at least 13 years of age or older

If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.

9. Supervisory authority

If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

10. Contacting us

If you have any questions regarding this Privacy Policy, you may contact us using the information below.

Address:

Funding Circle
Attn: Data Protection Officer
85 2nd Street, Floor 4
San Francisco, CA 94105
USA

Telephone: 877-226-9058 (Mon – Fri, 7:30am – 4:30pm PT)
Email: us_data_request@fundingcircle.com

Terms of Use

December 5, 2019

As a condition to using Funding Circle’s website, you must agree to the following terms and conditions of use. If you do not agree to these terms and conditions, you should exit this website immediately.

User Agreement

Welcome to Funding Circle’s website. This website is owned and operated by Funding Circle USA, Inc., a Delaware corporation, and its affiliates (Funding Circle, we, or us). By visiting our website at www.fundingcircle.com/us/, including any subdomain thereof, but excluding www.fundingcircle.com/us/invest/, www.fundingcircle.com/us/investors/, and https://investor-portal.us/us/investors¹. (the Website), you acknowledge and agree to accept and adhere to the following terms and conditions as stated in this agreement (hereafter referred to as User Agreement), along with the terms and conditions as stated in our Privacy Policy. Users means anyone who accesses or uses the Website or the Resources (defined below).

We reserve the right to change or amend this User Agreement from time to time without notice. All changes shall be effective upon posting. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. We may terminate, suspend, change, or restrict your access to all or any part of the Website without cause, notice, or liability.

Limitations of Use and Compliance with Laws

You agree to use the Website, including without limitation, the text, data, source code, software, photos, images, information, resources, services, products, tools, and other information (collectively the Resources), only for the purposes permitted by (a) the terms and conditions of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices and guidelines.

The Website and related services are intended solely for Users who, if natural persons, are eighteen (18) years of age or older, and any registration by, use of, or access to the Website by natural persons under 18 years of age is unauthorized, unlicensed, and in violation of this User Agreement. By using the Website or any related services, you represent and warrant that, if you are a natural person, you are 18 years of age or older, and that you agree to and will abide by all of the terms and conditions in this User Agreement.

Engaging in any activity that disrupts or interferes with the Website or the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Website or the Resources is strictly prohibited.

Permissible Purpose and Consents

You understand and agree that, by applying for a loan with Funding Circle, you have provided “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), for Funding Circle to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you while you are doing business with Funding Circle, and such information may be obtained from Experian Information Solutions, Inc. and/or Dun & Bradstreet, Inc. (“Credit Bureaus”) or any other credit reporting company. You understand and agree that, pursuant to such authorization, Funding Circle may access your credit profile, including without limitation, your credit report, credit score(s) and other related information, to, among other things, verify your identity and to provide credit monitoring, credit scoring, credit score monitoring and tracking, or alerts for, among other things, dormant accounts, new accounts, inquiries, other changes to information contained in your credit report. You understand and agree that by applying for a loan, you have provided express consent to receive credit monitoring, credit scoring, credit score monitoring and tracking and/or alerts via SMS text at the number provided in your loan application. You understand and agree that Funding Circle may, from time to time, provide additional products, services, features, and/or functionality to you, and that they shall be offered pursuant to the same authorization you provided Funding Circle for Funding Circle to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you review while you are doing business with Funding Circle.

You further understand and agree that, by applying for a loan with Funding Circle, you have provided “written instructions” in accordance with FCRA for Funding Circle to obtain and use the information you have provided, and your credit report(s) and/or scores(s) to notify you of credit opportunities and other products and services that may be available to you through Funding Circle or through unaffiliated third parties. You understand and agree that Funding Circle receives compensation for the marketing of credit opportunities or other products or services through third parties, and that this compensation may impact how and where such credit opportunities, products or services appear on this Website (including, for example, the order in which they appear).

Consent to Doing Business Electronically (Consent)

Affirmative Consent

Because Funding Circle operates principally on the internet, you will need to consent to receive communications and transact business with us online and electronically. This section informs you of your rights when receiving notices, disclosures, documents, reviews, analyses, information, communications, or other materials (collectively Communications) from us electronically, including IRS Form 1099 (An IRS Form 1099 refers to any Form 1099 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may be provided electronically (each, an IRS Form 1099)). By accessing this Website, you certify that you understand the requirements stated herein and consent to transact business electronically. You hereby agree that we may, at our sole discretion, deliver all Communications concerning you, your business, or Funding Circle, including, without limitation, information, required or permitted to be provided to you and/or your business under this User Agreement or any other agreement between you and/or your business and Funding Circle by means of email, posting on the Website, or other means of electronic communication. You will keep us informed of any change in you or your business’s email or mailing address so that you can continue to receive all Disclosures promptly. You have the right to receive a free paper copy of any Communication by contacting us in the manner described below.

Withdrawing Consent

You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. However, you acknowledge that we may continue to deliver Communications electronically to you after you withdraw consent that are either 1) relevant to our concluding any transactions that occurred while you were a User, or 2) required by law. Because we operate as an online lending platform, if you withdraw consent while your business has a pending loan application, we reserve the right to terminate that application. The withdrawal of your consent will not affect the legal validity and enforceability of any business transacted between us prior to the time you withdraw your consent, including this User Agreement or any other agreements. Any other further Communications after you withdraw consent, including Communications related to any pending loan applications, will be sent by mail to the business address provided or by other non-electronic means. We may discontinue providing electronic Communications at any time in our sole discretion.

If you withdraw your consent to receive Communications electronically, we will confirm your withdrawal and its effective date in writing by email. As to Communications related specifically to IRS Form 1099, any withdrawal of consent will only take effect for the calendar year in which it is made so long as such withdrawal is made before November 1 of such calendar year. We will subsequently provide IRS Forms 1099 by paper to the mailing address you have provided (as updated).

Paper Copies

Any Communications will be provided to you and/or your business electronically either on our Website or via electronic mail to the email address you provide(d). If you require paper copies of such Communications, you may contact us as provided below and a paper copy will be sent to you at no charge. A request for a paper copy of any Communication will not be considered a withdrawal of your consent to receive Communications electronically.

How to Contact Us Regarding Electronic Disclosures

You can contact us via email at support@fundingcircle.com or by calling us toll-free at (877) 226-9058. You may also reach us in writing to us at Funding Circle, 85 2nd Street, Floor 4, San Francisco, CA 94105, Attention: Compliance.

To withdraw your consent to receive communications electronically, please label your email or letter, or preface your call with: Withdrawing Consent
To update the email address at which you receive communications electronically or your mailing address, please label your email or letter, or preface your call with: Updated Email Address or Updated mailing address (as applicable)
To request paper copies, please label your email or letter, or preface your call with: Paper Copies

Hardware/Software Requirements

Before you decide to do business electronically with us, you should consider whether you have the following required hardware and software capabilities. To access and retain the Communications electronically, you will need to use a device with an internet connection, an up-to-date browser (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher) capable of opening portable document formats (PDF), a valid email address that has been provided to Funding Circle, and a printer or an ability to save electronic Communications to your personal computer or device. You acknowledge that you can receive and access electronic Communications in the designated format(s) described herein, or other effective manner. For access and optimal printing of your loan documents in PDF format, please download Adobe Reader (to install the free version of Adobe Reader click here: http://get.adobe.com/reader/otherversions/). If you are accessing our Website electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device’s app store. If your mobile device does not have this functionality, you must access our Website through alternate means that provide you with the ability to print and save the Communications.

You agree to print a copy of this Consent for your records and you agree and acknowledge that you can access, receive and retain all Communications electronically sent via email or posted on the Website.

Consent to be Contacted

You hereby expressly consent to be contacted by us in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using automated telephone dialing system or an automated texting system at the telephone number provided by you on this Website, any other number subsequently provided by you, or any number at which we reasonably believe we can reach you (through skip trace, caller ID capture, or other means). You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf, for any purpose in connection with this Website, your application, or your loan. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voicemail, or send one via text. You represent that you are the owner or authorized user of any telephone number you provide. You represent that you are permitted to receive calls and/or messages at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.

You understand and acknowledge that your carrier may charge fees for communications via text messaging, internet or telephone. Any and all fees are your sole responsibility. You also understand and agree that consent is not required as a condition of receiving credit.

Opting Out

You may revoke your consent to receive communications via text at any time by calling or texting “STOP” to (415) 612-8339, emailing us at unsubscribe@fundingcircle.com, or contacting us by mail at Funding Circle, 85 2nd Street, Suite 400 San Francisco, CA 94105, Attention: Compliance.

Call Monitoring and Recording

If you contact Funding Circle (including our agents, representatives, affiliates, third parties, or anyone calling on our behalf) by phone or Funding Circle (including our agents, representatives, affiliates, third parties, or anyone calling on our behalf) contacts you by phone, you agree that we may monitor and/or record the call for purposes including but not limited to quality assurance, training, risk management and/or collection purposes.

Offers and Promotional Materials

Funding Circle may, from time to time, offer discounted rates, reduced fees, discount codes, discount coupons or other such promotional offers (collectively Offers and Promotional Materials) to certain Users. Unless otherwise required by law or specifically authorized in writing by Funding Circle, such Offers and Promotional Materials are non-transferable. Funding Circle expressly prohibits the reproduction of its Offers and Promotional Materials, unless specifically authorized in writing by Funding Circle.

Taxation

Please be aware that borrowing money can result in unintended tax consequences for some borrowers in specific cases. Funding Circle disclaims any obligation to prevent or liability caused by additional taxes, destruction of tax benefits, or tax penalties incurred due to an extension of credit from Funding Circle, including, but not limited, to extensions of credit to businesses owned by 401(k) plans, IRA plans, or other retirement plans. It is your obligation to determine potential liabilities and, where needed, consult with your tax advisors.

Referral Compensation

Funding Circle will be responsible for any compensation owed by it directly to a broker or referral agent in connection with originating your loan. In no case will Funding Circle reimburse Users for any amounts paid or owed by Users to a broker or referral agent related to your loan.

Marketing Content

Funding Circle may display certain resources and tools for informational and marketing purposes on the Website. These illustrative items, including but not limited to loan application timelines and estimated payments calculators, may be based on averages or approximations of historical applications, and/or be based on our most creditworthy applicants, and thus are not necessarily indicative of your individual situation. Additionally, these items may be subject to change.

Access to Resources

In order to access the Resources, you may be required to provide certain information about yourself and your business (including information about your identity, finances, and business performance) as part of the registration process. You agree that any information you provide will be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Resources. Accordingly, you are responsible for all activities that occur under your account. Accessing (or attempting to access) any of the Website or the Resources by any means other than through the means we provide, is strictly prohibited, and you agree not to access (or attempt to access) the Website or the Resources through any automated or unconventional means without our written consent. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you.

Content Posting

We may provide links to various social media services. You understand that we do not pre-screen or monitor the content posted by Users of the open communication tools on these social media services, and it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools made available on the social media services, you agree that you will not upload, post, share, or otherwise distribute any content that:

is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
infringes on any trademark, patent, trade secret, copyright, or any other proprietary right of any party;
contains any type of unauthorized or unsolicited advertising; and
impersonates any person or entity, including any Funding Circle employees or representatives.

We have the right, in our sole discretion, to remove any content that we feel does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. You hereby consent to the removal of any content we may choose to remove, and you consent to waive any claim against us. We are not responsible for any delay or failure in removing any content.

We do not assume any liability or guarantee the accuracy of any content posted by you or any other third party Users. Any content posted by you using any open communication tools on the social media services, provided that it does not violate or infringe on any third party copyrights or trademarks, becomes the sole property of Funding Circle, and as such, gives us exclusive rights to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute as we see fit.

User Disputes

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Indemnification

You agree to indemnify and hold harmless Funding Circle and its affiliates, and each of their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement, your use of the Website or the Resources, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we have created a separate Privacy Policy to explain how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of this User Agreement.

Limitation of Warranties

THE WEBSITE AND RESOURCES MAY CONTAIN TECHNICAL ERRORS TYPOGRAPHICAL MISTAKES, OR OTHER INACCURACIES. FUNDING CIRCLE DOES NOT UNDERTAKE THE RESPONSIBILITY TO UPDATE OR AMEND THE WEBSITE OR THE RESOURCES OR TO PROVIDE SUPPORT FOR YOUR USE OF THE WEBSITE OR THE RESOURCES. UNLESS OTHERWISE EXPRESSED, THE WEBSITE AND THE RESOURCES ARE PROVIDED AS-IS, WITHOUT ANY WARRANTY AND FUNDING CIRCLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE WEBSITE OR THE RESOURCES ARE ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Furthermore, you understand and agree that:

any content downloaded or otherwise obtained through the use of the Website or the Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and
no information or advice, whether expressed, implied, oral or written, obtained by you from Funding Circle or its affiliates (and each of their agents or representatives) or through the Website or the Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL FUNDING CIRCLE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE WEBSITE, THE RESOURCES, OR ANY THIRD-PARTY WEBSITE TO WHICH THIS WEBSITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF FUNDING CIRCLE, ITS AFFILIATES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NEITHER FUNDING CIRCLE NOR ITS AFFILIATES ARE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THE WEBSITE. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT FUNDING CIRCLE AND ITS AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE.

Copyrights/Trademarks

All content and materials made available by Funding Circle, including, but not limited to, the Website, Resources text, graphics, website name, code, images, and logos are the intellectual property of Funding Circle, its affiliates, or the original creator of the material, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to, the reproduction, distribution, display, or transmission of any content on this Website is strictly prohibited, unless specifically authorized in writing by Funding Circle.

Other Agreements

In addition to this User Agreement, you may enter into other agreements with us that will govern your use of the Website or the Resources. If there is any contradiction or conflict between this User Agreement and another agreement you enter into with us applicable to the Website or the Resources, the other agreement shall take precedence in relation to the specific aspects of the Website or the Resources.

Severability

If any part, term, or provision of this User Agreement is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected, and the rights and obligations of the parties shall be construed and enforced as if this User Agreement did not contain the particular part, term, or provision held to be illegal or invalid.

Termination of Use

You agree that we may, at our sole discretion, limit, suspend, or terminate your access to all or part of the Website and the Resources without notice and cause. Any suspected illegal, fraudulent, or abusive activity is also grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of this User Agreement, your right to access or use the Website and the Resources will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Headings and Section References

Headings of the articles and sections in this User Agreement are for reference purposes only and shall not be deemed to have any substantive effect.

Governing Law

This User Agreement shall be construed and governed in accordance with the laws of the State of California (or if You are a resident of South Dakota, the laws of South Dakota shall apply), excluding conflicts of law provisions. Any action relating to this User Agreement shall be brought in the federal or state courts located in the City and County of San Francisco, California USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Additional State Law Notices

Maine Residents

As detailed in the standard loan agreement between Funding Circle and borrowers, as a condition of funding, we require that a borrower has in place certain insurance policies to protect its business. You may purchase the required insurance through any insurance agency or broker and from any insurance company.

Ohio Residents

The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.

Contact Information

If you have questions regarding this User Agreement or the Website, please contact us by e-mail at support@fundingcircle.com.

¹www.fundingcircle.com/us/invest and all subdomains thereof are governed by the separate Investor Terms and Conditions

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