Privacy Policy

First Up Lending LLC Privacy Policy  |  Version 1.0 

First Up Lending LLC (“us”, “we”, and “our”) is committed to protecting your privacy.  We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below)  we collect from users of our website, located at https://www.firstuplending.com/  (the “Site”) and online services (“Services”).

Questions; Contacting Us; Reporting Violations.  If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or email:

First Up Lending LLC
980 North Federal Highway,
Suite 110,
Boca Raton, FL 33432
privacy@FirstUpLending.com

User Consent.  By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.

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.  

A Note to Users Outside of the United States.  If you are a non U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy.  In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.  By providing your data, you consent to such transfer.  

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.  

Log Files.  As is true of most websites, we gather certain information automatically and store it in log files.  This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.  We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs.  For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.  Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.

Cookies.  Like many online services, we use cookies to collect information.  “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.    This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

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.

Website Analytics.  We may use Google Analytics or other similar such software applications, to help analyze how users use the Site.  Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information.  We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google.  Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy

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

General Use.  Except as provided in this Privacy Policy, First Up Lending LLC will not disclose, transfer, sell, trade, rent, or otherwise provide your Personal Information to any third party, without your consent. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better.  We may use your Personal Data in the following ways:  

• 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.

Disclosure of Your Personal Data.  We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

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.

Affiliates.  We may share some or all of your Personal Data with our, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.  

Corporate Restructuring.  We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets.  In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our First Up Lending LLC, business, or assets, that acquiring company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

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.

Other Disclosures.  Regardless of any choices you make regarding your Personal Data (as described below), First Up Lending LLC may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on First Up Lending LLC; (c) to protect or defend the rights or property of First Up Lending LLC or users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

Third Party Websites.  Our Site may contain links to third party websites.  When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Data or Anonymous Data from you.  We have no control over, do not review, and cannot be responsible for, these outside websites or their content.  Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites.  We encourage you to read the privacy policies of every website you visit.  The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

Your Choices Regarding Information.  You have several choices regarding the use of information on our Service:

Email Communications.  We will periodically send you free newsletters and emails that directly promote the use of our Site or Services.  When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly (please see contact information below).  Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

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 privacy@firstuplending.com

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.
  • • Changes to This Privacy Policy.  This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an email to the last email address you provided to us and/or by prominently posting notice of the changes on our Site.  Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Service.  Please note that at all times you are responsible for updating your Personal Data to provide us with your most current email address.  In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice.  If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us.  Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Effective Date: October 10, 2018

Last update: October 10, 2018