First Up Lending LLC
980 North Federal Highway,
Boca Raton, FL 33432
A Note About Children. The Website is intended for persons 18 years of age and older. If you are under 18, we ask that you do not submit any personal information through the Website, by e-mail or any other means of communication to First Up Lending LLC. We do not intentionally gather Personal Data from visitors who are under the age of 18. If a child under 18 submits Personal Data to First Up Lending LLC and we learn that the Personal Data is the information of a child under 18, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 18, please contact us at privacy@FirstUpLending.com.
Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
Information You Provide to Us
We may collect Personal Data from you, such as your first and last name, telephone number, email and mailing addresses, date of birth, professional title, company name, Tax ID and password when you create an account to log in to our network (“Account”). In addition, we may collect certain financial data, such as tax returns, business ownership information and business accounting data. As described below, we use this Personal Data to verify the identities of businesses, business owners and principals, determine borrowers’ eligibility for loans, to monitor and manage loans, to mitigate risk, to make and collect payments and to assess loan drawdown requests.
If you use our Services on your mobile device, we may collect your phone number and the unique device id number.
If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can deactivate GPS on your mobile device.
Our mobile homepage lets you store preferences like your location, safe search settings, and favorite widgets. We may associate these choices with your ID or the mobile device, and you can edit these preferences at any time on our mobile homepage.
When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
Certain Services may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
We retain information on your behalf, such as files and messages that you store using your Account.
If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
When you participate in any of our surveys, we may collect additional profile information.
We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via email regarding support for the Services.
We may also collect Personal Data at other points in our Site that state that Personal Data is being collected.
Information Collected via Technology
Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send email messages in a format users can read, and they tell us whether emails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
We do not currently respond to “do not track” signals from web browsers.
Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
Information Collected from Third Party Companies. We may receive Personal and/or Anonymous Data about you from companies that, for example, provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our Site. These third party companies may supply us with Personal Data beyond what we collect directly from you. We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide. For example, we use Validis to supply us with Financial Data from our borrowers’ accounting platforms. This data allows us to better provide Services to you. We reserve the right to use any and all Personal and/or Anonymous Data to underwrite and continually monitor the health of our portfolio for ourselves and our investment crowd. For more information on Validis’s data collection and privacy practices, please visit https://validis.com/privacy-policy/.
Use of Your Personal Data
• facilitate the creation of and secure your Account on our network;
- • for borrowers, to determine your creditworthiness and overall financial health;
- • work with our financial services partners for payments and other transfers;
- • identify you as a user in our system;
- • provide improved administration of our Site and Services;
- • provide the Services you request;
- • improve the quality of experience when you interact with our Site and Services;
- • help you to manage your account;
- • send you email notifications, to provide status on your application and help you manage your account;
- • make telephone calls to you, from time to time, as a part of servicing your account or to solicit your feedback; and
- • send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of First Up Lending LLC.
User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with your Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
Third Parties Designated by You. When you use the Services, the Personal Data you provide will be shared with the third parties that you designate to receive such information, including other websites, your friends, relatives and business associates. Depending on the type of access you grant to such third parties, they may also be permitted to edit the information you have provided to us and to designate others to access and edit such information. You may change your settings at any time as to who has access to your information by going to your account settings and changing your publishing options.
Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the First Up Lending LLC. These third party service providers are required not to use your Personal Data other than to provide the services requested by First Up Lending LLC.
As Required by Law or for the Protection of Rights – First Up Lending LLC reserves the right to disclose your personally identifiable information based on the good faith belief that such action is necessary or appropriate to:
- (a) meet any applicable law, regulation, legal process or enforceable governmental or judicial request (including discovery or subpoena);
- (b) enforce our Terms of Service or this Policy, including investigation of potential violations or criminal activity by you or third parties;
- (c) detect, prevent, or otherwise address fraud, security or technical issues;
- (d) protect and defend the rights or property of First Up Lending LLC, its directors, officers, employees, agents or service providers; or employees, agents or service providers; or
- (e) act in urgent circumstances to protect the safety or security of the public (or any segment thereof) or of users of First Up Lending LLC’s services and/or the Website.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83
A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY EMAILING PRIVACY@FIRSTUPLENDING.COM. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS EMAIL ADDRESS.
Your Choices Regarding Information. You have several choices regarding the use of information on our Service:
Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.
Changing or Deleting Your Personal Data. You may change any of your Personal Data in your Account by editing your profile within your Account. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.
Security of Your Personal Data.
- • First Up Lending LLC is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. However, despite our best efforts, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while First Up Lending LLC uses reasonable efforts to protect your Personal Data, First Up Lending LLC cannot guarantee its absolute security.
- • As a user of the Website and your First Up Lending LLC Account, you are solely responsible for maintaining the secrecy and confidentiality of your User ID and password, and other account information and should take steps to protect them from misuse. You are solely responsible for all actions or activities that occur on the Website or any First Up Lending LLC server, computer, system, network, cloud or software connected to or through the website that is performed on or through your First Up Lending LLC Account during the time your user ID and password are logged in to the Website, whether or not expressly authorized by you.
- • If you become aware of any unauthorized use of, loss or theft of your username, password, or other account information or credentials, you should immediately inform us at firstname.lastname@example.org
Indemnity for Service Provider Acts
- • You and we acknowledge and agree that First Up Lending LLC shall have no liability to you or any other person for, or resulting from, any acts or omissions by any agent, representative or third-party service provider whom you may at any time delegate, or who is acting on your behalf, while such person is using your First Up Lending LLC Account. You hereby agree to indemnify, save and hold harmless First Up Lending LLC, its affiliates and subsidiaries and its and their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, consultants, employees and advisors in their individual and representative capacities from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees and expenses and any amount paid in settlement to a third party, brought by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of any such act or omission by your agent, representative or third-party service provider while such person is using your First Up Lending LLC Account, regardless of whether the specific use was authorized by you.
Effective Date: October 10, 2018
Last update: October 10, 2018