Privacy Policy

Updated March 1, 2019

At Circadian Affiliates (“CA,” “we,” “us” or “our”), we respect the privacy rights of Merchants and their owners and principals (collectively, “you” or “your”) and are committed to protecting the information we collect or receive from you. We help you find and obtain business funding (“Funding”) through our website and the other services listed below. By accessing or using our website or other services described below, you agree to the terms and conditions of this Privacy Policy.

This Privacy Policy describes how CA collects and receives information through the following services:

• Our website or our mobile applications
• Our e-mails or links in our e-mails
• Our online ads or web content on third-party websites
• Our blogs or social media outlets
• Our merchant support services
• Our other marketing channels, including, but not limited to, our call and mail centers

This Privacy Policy does not apply to the collection of information through any other service or by any other party. All Internet websites have the ability to collect information about you. We encourage you to read the privacy policies of every website you visit.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information. This Privacy Policy may change from time to time, so please check this Privacy Policy periodically for updates.

Information We Collect About You and How We Collect Information

We may collect non-personally identifiable information about you when you use our website or other electronic services, including information:

• About your Internet connection, the equipment you use to access our website and services, and usage details
• About your operating system, browser version, IP address, and mobile device
• About the web pages that you view and information that you search for on our website
• Which ads or web content from us or affiliates that you click to or view on our website or on third-party websites
• When you open our e-mails or click on any links in the e-mails

We collect this information using technologies, such as cookies, beacons, tags and scripts.

We collect or receive business information and personally identifiable owner information (collectively, “Information”) about you, when you:

• Fill out forms or fields on our website
• Provide location information from your mobile device
• Communicate with us by e-mail, mail, telephone, facsimile or other electronic means

We may collect or receive the following business information: mailing addresses, e-mail addresses, telephone numbers, company name, company size, business type, bank or credit card statements and bank account information. We may collect or receive the following owner information: names, mailing addresses, e‑mail addresses, telephone numbers, dates of birth, business ownership interests and duration, estimated FICO scores and Social Security numbers. We obtain Information in connection with helping you find and obtain Funding.

Children under 13

CA’s website and services are not for children under 13 years old. We do not knowingly solicit data online from, or market online to, children under 13. If we knowingly receive a child’s personal information, we will delete it from our systems.

Testimonials

We share stories of satisfied customers in our marketing materials. With your consent, we may display your name and any testimonial or photographs provided by you directly or indirectly to us. If you have questions regarding your testimonial or photographs, contact us at info@circadianfunding.com.

How We Use Information We Collect

We (or our servicers and affiliates) use the information collected or received, sometimes combined with information from other sources, in the following ways:

• To advertise and market our funding partners’ products and services;
• To conduct research and analysis to prevent fraud and to better understand our customers and website visitors;
• To engage in merchant support services;
  • To fulfill any other purpose for which you provide the information; or
  • For any other purpose with your consent.

Anti-money Laundering Compliance Notice

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means to you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

Disclosure of Your Information

CA will share your Information with third parties only in the ways described by this Privacy Policy. We may share non-personally identifiable information without restriction.

We provide your Information, whether aggregated or not, to our subsidiaries, affiliates, service providers, and business partners to help us with our business activities, including, but not limited to, marketing our funding partners’ products and services to you. We share Information with our funding partners in connection with helping you find and obtain Funding. We may share Information with business partners to inform you of products or services that may interest you. We may also disclose your Information:

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of CA’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Information held by CA is among the assets transferred;
• To fulfill any purpose or effect the action for which you provide the Information;
• To any third party with your consent;
• To comply with any court order, law or legal process, including to respond to any government or regulatory request;
• To enforce or apply our terms of use and other agreements with you; or
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of CA, our customers, funding partners or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Other Choices You Have

Providing information to CA is voluntary. Most computer systems and browsers offer their own privacy settings. Advanced settings may allow you to disable cookies. However, if you disable cookies from our website, some of our website features and services may not work.

CA may contact you to inform you of Funding that may interest you. If you do not wish to be contacted by us at certain addresses or telephone numbers you can:

• Register for the Direct Marketing Association’s Mail Preference Service at dmachoice.org/MPS/proto1.php
• Click “unsubscribe” or reply to the e-mail address found on the bottom of CA e-mails and follow the instructions provided
• Tell a representative that you no longer wish to be contacted at a certain address or telephone number

Exercising one of these options may not cause all communications from CA to cease.

How We Keep Information Safe and Secure

We use reasonable administrative, technical, and physical security measures to protect your Information. These measures include computer safeguards and secured files and buildings.

The safety and security of your information also depends on you. Please do not communicate any information to us through unsecured channels, including e-mail or social media websites, or while you are in public areas. Where we have given you (or where you have chosen) a password, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet or other means of communication is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to our website or through other means of communication. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on any of our systems, including, but not limited to, our website.

Online Advertisement

We advertise on third-party websites. From time to time, we may engage in online behavioral advertising by partnering with third-party advertisers or using advertising networks. We or our service providers, such as Google Analytics, use cookies or similar technology to gather information about your visit to our website and use this information to provide advertisements to you on third-party websites that we believe will be more relevant to you.

Tracking Tools

“Cookies” are small text files that we may place on your hard drive whenever you visit our website. Their purpose is to identify files on your computer and record your preferences and other data about your visit to our website so that when you return to the website we are aware of who you are and can help personalize your visit and make relevant recommendations to you. The use of cookies may (if you do not disable or refuse the use of a cookie) allow you to avoid having to reenter information upon each visit. We may also use the information collected by the cookies, as well as other tools such as log files or web beacons, to determine how we can improve our website.

“Web beacons” are small graphic images placed on a web page, web-based document, or an email address that are designed specifically to allow us or our third-party vendors to collect certain information and monitor use activity on our website. Web beacons are invisible to the user because they are typically very small. We do not use web beacons to collect personal information about owners and principals. We may use them to collect non-personal information such as an IP address of the computer used, the URL of the page where the website visitor came from and the time when the web beacon was activated.

Accessing and Correcting Your Information

You may send us an e-mail at info@circadianfunding.com or call us at (646) 503-6084 to correct or delete any information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Changes to this Privacy Policy

We may change this Privacy Policy at any time. Changes are effective when we post them on this website and we encourage you to visit this site frequently for updates, as these updates will only be made available through this website unless otherwise and specifically requested from you or required by law. The date the Privacy Policy was last revised is identified at the top of the page.

Questions About this Privacy Policy

If you have questions about this Privacy Policy, call (646) 503-6084 or email us at info@circadianfunding.com.

DO-NOT-CALL POLICY SUMMARY

Circadian Funding strives to maintain the highest standards of ethical conduct in its marketing activities and is committed to complying with all federal and state legislation regarding applicable Do Not Call Procedures, including, without limitation, the Telephone Consumer Protection Act of 1991, the FTC Telephone Sales Rule, and state regulation.

If you do not want to receive sales calls from Circadian Funding, just ask us to place your name on our internal Do Not Call List. We will note your request immediately, but it may take up to 7 days to remove your information from previously prepared lists. You can also make your request by calling or writing to our Customer Service Department. When you make your request be sure to include your name, address and all telephone numbers that you want to be included on our list. If your information changes, please notify us promptly to remain on our internal Do Not Call List.

We maintain a record of your request and will honor your request for 5 years from the date the request is made, unless otherwise required by law. We will place a sales call to a telephone number on our internal Do Not Call List only if (i) you provide us with the telephone number directly, or indirectly through a separate source, or notify us that you would like to receive sales calls and (ii) you do not request to place that telephone number back on our internal Do Not Call List.

Representatives making sales calls will be trained on our internal Do Not Call List and will clearly identify themselves on calls.

This policy restricts telephone solicitation calls from Circadian Funding only, so you may continue to receive telephone calls from other companies, including our affiliates. We may still contact you by other means of communication and by telephone for non-marketing purposes, including, but not limited to, servicing or collecting accounts.

For a copy of our Do Not Call Policy, contact us at info@circadianfunding.com.

We respect your right to privacy.

Thank you for your interest in our policy.

For Nevada Customers Only: We are providing this notice under state law. If you are located in Nevada and have a preexisting business relationship with us, you may be placed on our internal Do Not Call list by calling us at (646) 503-6084 or by e-mailing us at info@circadianfunding.com. To obtain further information on this notice, contact: Bureau of Consumer Protection, Office of Nevada Attorney General, 555 E. Washington Street, Suite 3900, Las Vegas, NV 89101; Phone: 702-486-3132; E mail: BCPINFO@ag.state.nv.usor Circadian Funding, LLC, 500 7th Ave 8th Floor, NY, NY 10018, at the telephone number and email listed above in this notice.

Circadian Affiliates
500 7th, 8th Floor
New York, NY 10018