Privacy Policy

This Privacy Policy ("Policy") applies to data collected by MorCap Funding LLC The Policy has two parts:

• Part 1 provides our U.S. Privacy Policy, including our Privacy Policy for morbizcap.com ("Website").
• Part 2 is our California Supplement, which provides our California Consumer Privacy Act of 2018 ("CCPA") Privacy Policy. The CCPA provides various rights to consumers who reside in California with regard to personal information. A natural person, including a business owner or guarantor, is considered to be a consumer under the CCPA.

We collect the following information from you:

• Contact information such as name, business name, email address, mailing address, and phone number;
• Financial information such as bank statements, credit card statements, your average bank balance, personal and business credit history, payment behavior, bank account information, and tax ID number;
• Social security number;
• Unique identifiers such as user name and password, and IP address;
• Business information including company size and business type; and
• Beneficial ownership information.

In addition to collecting information via our Website, we may obtain information and external data used by lenders to process applications and complete and manage transactions, e.g., from credit reporting agencies and other vendors, as well as from social media. Once you are a MorCap Funding customer, we may reach out to you for, or otherwise obtain, information if you decide to renew your funding or as otherwise needed to provide the Service.

When required in the U.S., we will collect information on the beneficial owners of our business customers for purposes of verifying their identity only. The U.S. Government implemented the beneficial ownership regulation to help deter financial crimes. Pursuant to our privacy policies and procedures, we will maintain beneficial ownership information in our system of record.

We use the information we collect to:

• Compile, save, use and analyze your Personal Information in both a personally identifiable form and as part of aggregated data;
• Operate, maintain, improve, and provide to you the Service and to conduct our business;
• Verify your identity and conduct appropriate diligence;
• Register you as a user and identify you when you sign into your account;
• Process your business' application and determine whether or not your business qualifies for one of our funding products;
• Process your business funding account, including deducting automatic payments;
• Communicate with you to send confirmations, respond to customer service requests, send marketing communications, and send account update notifications;
• Conduct research and analyses to better understand our customers; and
• Produce data analytics and reports containing de-identified summaries of Personal Information and other information that is not Personal Information ("General Information") that we share with business partners. General Information may include Personal Information that has been aggregated and will not identify you.

MorCap Funding will share your Personal Information with third parties only in the ways that are described in this Privacy Policy and as required by law. MorCap Funding (or any of its affiliated entities) will never sell your Personal Information to third parties.

We may disclose your information to lenders and affiliates strictly for the purpose of conducting business related to your funding applications. These parties are bound by confidentiality obligations and are only permitted to use your information in accordance with our instructions.

We will provide your Personal Information, which may include application information, to our trusted business partners, third party lenders of MorCap Funding products, service providers, and subsidiaries and affiliates to provide financing and/or to provide services to help us with our business activities, such as offering customer service, processing credit checks or secure data storage, and other similar services. These companies are authorized to use your Personal Information only as necessary to provide these types of services to us. If you do not want us to share your basic information (name, company name, phone number, email address and requested funding amount) with business partners to market their services to you, please contact us to opt out by email at info@morbizcap.com.

We may also disclose your Personal Information:

• As required by law, such as to comply with a subpoena, or similar legal process, including in a bankruptcy proceeding;
• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a request from a governmental entity;
• If MorCap Funding is involved in a merger, acquisition, or sale of all or substantially all of its assets or equity, in which case, 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; and
• To any other third party with your prior consent to do so.

If your Personal Information changes, or if you no longer desire our Service, you may correct, update, amend, delete/remove, or deactivate it by emailing our Customer Support or by contacting us by postal mail. We will respond to your request within 30 days.

We will retain your information for as long as your account is active or as long as reasonably useful for commercial purposes. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

MorCap Funding and our business partners may contact you to offer you products and services that may be of interest to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails, telephone solicitations or other forms of contact from MorCap Funding and our trusted business partners by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page, or by contacting us by email or postal mail.

MorCap Funding and our partners, affiliates, or analytics or service providers use cookies or similar technologies. These technologies are used in analyzing trends, administering the Website, tracking users' movements around the Website and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies for user authentication and analytics. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Website, but your ability to use some features or areas of our Website may be limited.

As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you and to improve marketing, analytics, and Website functionality.

We partner with third parties to display advertising on our Website and manage our advertising on other sites. Our third-party partners may use technologies such as cookies to gather information about your activities on this Website and other sites in order to provide you advertising based upon your browsing activities and interests. Opting out of interest-based ads does not opt you out of being served advertisements; you will continue to receive generic advertisements.

MorCap Funding takes the security of your information very seriously. Your information is securely sent to MorCap Funding with 128-bit encryption over the Transport Layer Security (TLS) protocol. This creates an encrypted connection between your browser and our servers. Thus, when you enter Sensitive Personal Information (such as a bank account number) on our forms, we encrypt the transmission of that information. If you have any questions about the security of your personal information, you can contact us at info@morbizcap.com.

If you allow MorCap Funding to see your banking information online rather than in paper form, it is on a read-only basis. We do not have access to change, edit, or modify bank account information in any way. MorCap Funding employees cannot view your banking username and passwords.

Our Website includes links to other websites whose privacy practices may differ from those of MorCap Funding. 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.

We display personal testimonials of satisfied customers on our Website 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 by email or postal mail.

Our Website includes social media features, such as the Facebook "Like" button. These features may collect your IP address, which pages you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by email or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

We collect the following categories of information from you, which may include the following:

• Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number/tax ID number, driver's license number, passport number or other similar identifiers. We use this information to identify you, process your application and access your personal credit bureau report, if you are a guarantor or business owner.
• Personal Information such as your name, signature, social security number, address, telephone number, passport number, driver's license or state identification card number, employment history, bank account number or other financial information.
• Protected classification characteristics under California or Federal Law such as age (date of birth). We use this information to confirm your identity and that you are old enough to enter into a contract.
• Commercial information, including records of personal property and personal credit information. We may consider this information when processing your application.
• Internet or other electronic network activity information, including browsing history, device ID, device type and information regarding a consumer's interaction with MorCap Funding' website, application or advertisement. We use this information to analyze the use of our website and for fraud screening.
• Geolocation data, collected for fraud prevention purposes.
• Audio or similar information — interactions with MorCap Funding sales staff, underwriters and customer service agents may be recorded for monitoring and training purposes.
• Professional or employment-related information, which we may use when underwriting.
• Inferences drawn from any of the information categorized above, used for credit and fraud analysis and to target future offers.

Personal information does not include publicly available information from government records, de-identified or aggregated information, or information excluded from the CCPA's scope, such as information covered by HIPAA, the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), the California Financial Information Privacy Act (FIPA) and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above directly from our applicants, clients, or their agents; indirectly from our clients or their agents; directly and indirectly from activity on our website; and from third parties that interact with us in connection with the services we perform, such as referral partners, brokers, and credit reporting agencies.

No mobile information will be shared with third parties/affiliates for marketing or promotional purposes. MorCap Funding will not sell your personal information to third parties. However, we may disclose your information to lenders and affiliates strictly for the purpose of conducting business related to your funding applications. These parties are bound by confidentiality obligations and are only permitted to use your information in accordance with our instructions.

MorCap Funding may share your information with its affiliated entities for business purposes, such as financial reporting. In the preceding 12 months, we may have disclosed personal information for a business purpose from each of the categories listed previously where we collect information.

We do not sell personal information.

The CCPA provides consumers, including owners/guarantors of small business funding (California residents), with specific rights regarding their personal information. This section describes the CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months, including the categories of information collected, the categories of sources, our business or commercial purpose for collecting it, the categories of third parties with whom we share it, and the specific pieces of personal information we collected about you.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies — for example, completing a transaction you requested, detecting security incidents, complying with a legal obligation such as federal anti-money laundering (AML) laws, or other lawful internal uses compatible with the context in which you provided it.

Exercising Access, Data Portability and Deletion Rights

Only you or a person you authorize to act on your behalf may make a request related to your personal information. You may only make a request for access or data portability twice within a 12-month period. The request must provide sufficient information that allows us to reasonably verify your identity and describe the request with sufficient detail for us to properly understand, evaluate and respond to it.

Response Timing and Format

We endeavor to respond to a request in writing within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will cover the 12-month period preceding the receipt of the request. We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or services, charge you different prices, or provide you a different level or quality of goods or services because you exercised your rights.

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

If you have any questions about this Privacy Policy or wish to exercise your rights, contact us at info@morbizcap.com or call 646-785-1449.