Privacy Policy

This Privacy Policy has been updated effective January 8, 2018

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, 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, understand, and agree to 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. Your continued use of Funding Circle Services constitutes your agreement to this Privacy Policy and any future revisions.

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

Funding Circle collects information when you use Funding Circle Services and supplied by you 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 e-mail details
Bank account information
Date of birth
Social security number
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. This individual and aggregate information 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.

We and our third-party service providers may also employ cookies and other similar tracking technologies that collect your information across multiple websites and over time. We use these tracking technologies to provide tailored advertising and evaluate our marketing efforts. We do not process “do not track” (DNT) signals. Our third-party service providers may also not respond to DNT signals. To the extent that they do offer an opt-out of targeted advertising, you may do so here. Third-party service providers are not permitted to use the information collected on our behalf, except to help us conduct and improve our business.

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, 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. Third-party information

In addition to collecting personal information supplied by you, we use unaffiliated third parties to gather data on borrowers, including 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. By using Funding Circle Services, you grant our unaffiliated, third-party providers 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. We do not have access to and do not store the username(s) or password(s) that you use to access your financial institution(s).

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 and improve our website, products, and services;
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?

Your information, as collected by or provided to us, may be shared by us with other parties as provided below.

Your information may be shared:

With our affiliates, or any third party who acquires all (or substantially all) of our business and/or assets in connection with an acquisition.
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 available to prospective investors who are contractually required to implement safeguards to protect and maintain the confidentiality of the information we share.

In order to provide, operate and improve Funding Circle Services, including, but not limited to:

With unaffiliated third parties (“Trusted Partners”) who assist us in operating our website, providing market research and marketing our products and services, or servicing our loans, so long as the Trusted Partner contractually agrees to keep such information confidential.
With your representative(s) to the extent such a representative assists or assisted you with the loan application process. Such information may include, among others, information about your loan performance.

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.

In order to provide other services to borrowers or prospective borrowers, including, but not limited to:

With third parties who may be able to help prospective borrowers secure credit, after we receive your consent.
With a borrower’s franchisor (if applicable).

For legal reasons, including, but not limited to:

When required by applicable law.
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 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.

In aggregated form, with third parties for marketing, advertising, research, or other business purposes.

We may continue to share your information as described in this Privacy Policy after your use of Funding Circle Services has ended. However, you retain all the rights listed in this Privacy Policy on an ongoing basis, regardless of your status as a current or previous user of Funding Circle Services. Notwithstanding any other provision in the Privacy Policy, we may share your information with your consent.

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
	FC Credit Rating

5. Do we sell your personal information?

We will never sell or rent your personal information to any third party unless we have your consent. And, if you do consent, but later change your mind, you may contact us directly using the details described under the heading “Contacting us” below and we will stop any such activity as soon as is reasonably practicable.

6. Storage and security

While we take appropriate physical, technical and organizational measures to safeguard the personal information that you provide to us, we accept no liability if communications are 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.

7. Your rights

You have the following rights:

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 Trusted Partner to whom we have disclosed your personal information may send you.

If you wish to exercise any of the above rights, please contact us using the details specified under the heading “Contacting us” below.

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.

8. 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.

9. 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. Our website, products, and services are all directed to people who are at least 13 years of age or older.

10. Contacting us

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

Address:

Funding Circle
85 2nd Street, Suite 400
San Francisco, CA 94105
USA

Telephone: (415) 813-5245 (Mon – Fri, 8am – 8pm PT)
Email: support@fundingcircle.com