This Privacy Policy governs the manner in which Funding Metrics, LLC dba Lendini and its parents, subsidiaries and affiliates (collectively “Lendini”, “we,” “our,” or “us”) collects, uses, maintains and discloses information collected from users (each, a “User”) of the Lendini.com website (“Site”). This Privacy Policy applies to the Site, the “Lendini App” and all products and services offered by Lendini.

Personal identification information.

Lendini may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site or use mobile applications; register on the site; fill out any part of the form on our website or any webpage on our website; open and respond to our e-mails; open and respond to our text messages; visit any page online that displays our ads or content; visit any of our blogs, social media outlets, or affiliated websites; directly call Lendini or its affiliates with phone numbers provided through any and all marketing and lead generation sources; provide information to Lendini employees through e-mail, phone, text message, or facsimile; interact with our advertising and applications or third-party websites and services, if those applications or advertising include links to this policy; and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, social security number, business information including the business name, EIN, size, type and financial information including bank statements, credit card statements, average bank balance, personal and business credit history, payment history bank account information and tax information. When required, we will collect information on the beneficial owners of our business customers for the purpose of verifying identity only. The US Government implemented the beneficial ownership regulation to help deter financial crimes. Pursuant to our privacy policy and procedures, we will maintain beneficial ownership information in our system. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information.

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies.

Our Site may use “cookies” to enhance User experience, provide us with useful information, to help us improve our Site and Services, to conduct advertising and to analyze the effectiveness of advertising. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. Please note that cookies may be linked to personal information about you.

How You Can Opt-Out of Cookies.

You can block Cookies by changing your Internet browser settings. You can find out more about Cookies and how to manage them by visiting www.aboutcookies.org or www.allaboutcookies.org.

How we use collected information.

Lendini may collect and use User’s personal information for the following purposes:

• To verify your identity and conduct appropriate due diligence;
  
• To register you as a user and identify you when you sign into your account;
  
• To process your business’ application and determine whether or not your business qualifies for our products;
  
• To service your business product account, including but not limited to deducting automatic remittances;
  
• To compile, save, use and analyze your Personally Identifiable Information in both a personally identifiable form and as part of aggregated data;
  
• To operate, maintain, improve and provide to you the Services and to conduct our business activities, including our own products and referring you to our affiliates and third party collectors;
  
• To communicate with you regarding your account, respond to customer service requests, send marketing communications, and send account update notifications;
  
• To conduct tests, research and analyses to better understand our customers;
  
• To communicate with you about our Site or Services or to inform you of any changes to our Site or Services;
  
• To provide support;
  
• To maintain and improve our Site and Services;
  
• To protect the security and integrity of our Site and Services;
  
• To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Use, and to otherwise fulfill our legal obligations;
  
• To monitor compliance with and enforce this Privacy Policy and any other applicable agreements and policies;
  
• To defend our legal rights and the rights of others;
  
• To fulfill any other purposes for which you provide it, or any other purpose we deem necessary or appropriate;
  
• To efficiently maintain our business;
  
• To comply with applicable law; and
  
• To produce data analytics and reports containing de-identified summaries of Personally Identifiable Information and other information that is not Personally Identifiable Information (such information, “General Information”) that we share with business partners. General Information may include Personally Identifiable Information that has been aggregated and will not identify you.
  

How We Share Your Information.

We may share the information that we collect about you in the following ways:

• To personalize user experience.
  
• We may use information in the aggregate to understand how our Users as a group use the services and resources provide on our Site.
  
• To improve our Site.
  
• We may use feedback you provide to improve our products and services. To share your information with third parties we may share or sell information with third parties for marketing or other purposes.
  
• To send periodic emails.
  
• We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
  
• To send updates about your revenue-based financing.
  
• We may use your cell phone number to contact you through text messages. By supplying Lendini with your mobile phone number you acknowledge and consent to receive SMS text messages, this includes receiving offers and updates via text message. Msg. & Data rates may apply. To Opt-out text STOP as directed in our text message on your mobile phone. You will receive a confirmation text that you have been opted out.
  

How we protect your information.

We adopt and maintain commercially reasonable security measures to protect the Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security. If you allow us 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. Employees cannot view your banking username and passwords. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Third Party Links.

The Site and Services may contain links that will let you leave the Site and Services and access another website. Linked websites are not under our control. Except as stated below, this Privacy Policy applies solely to Personally Identifiable Information that is acquired by us on this Site and Services. We accept no responsibility or liability for these other websites.

Notice to Nevada Residents.

Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt out of sales and we will record your instructions and incorporate them in the future if our policy changes. You may send opt-out request to customerservice@Lendini.com.

Notice to California Residents.

The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”

Notice of Collection of Personal Information.

We currently collect the following categories of Personal Information:

• Identifiers (name, postal address, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number)
  
• Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology)
  
• Telephone number
  
• Signature
  
• Bank account number
  
• Other financial information, including bank statements, credit card statements, average bank balance, personal and business credit history, payment behavior, and tax identification number
  
• Internet or other electronic network activity information (browsing history; search history; and information regarding consumer’s interaction with website, application or advertisement)
  
• Geolocation data
  
• Commercial information (records of personal property and personal credit information)
  
• Professional or employment-related information (including employment history)
  
• Characteristics of protected classifications under California or federal law (age 40 and older)
  
• Audio or similar information (recordings for monitoring and training purposes)
  
• Inferences drawn from above information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, behavior, and abilities
  

We collect Personal Information directly from California residents and from agents, referral partners, brokers, or credit reporting agencies. We do not collect all categories of Personal Information from each source.

In addition to the purposes stated above in the Section “How We Use Your Information” we currently collect and have collected the above categories of Personal Information for the following business or commercial purposes:

• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
  
• Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes;
  
• Debugging to identify and repair errors that impair existing intended functionality;
  
• Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us, provided that your Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us;
  
• Performing services, including maintaining or servicing accounts, providing customer service, processing transactions, verifying customer information, providing financing, or providing similar services;
  
• Providing advertising and marketing services, except for cross-context behavioral advertising, to you provided that, for the purpose of advertising and marketing, our service providers and/or contractors shall not combine the Personal Information of opted-out consumers that the service provider or contractor receives from us, or on our behalf with Personal Information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with you;
  
• Undertaking internal research for technological development and demonstration;
  
• Undertaking activities to verify or maintain the quality or safety of a service and to improve, upgrade, or enhance the service;
  
• Advancing our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.
  

Sale, Sharing, and Disclosure of Personal Information.

The CCPA defines “sale” as the transfer of Personal Information for monetary or other valuable consideration. Although we do not “sell” Personal Information as that term may be commonly interpreted, we engage in online activities that may constitute a sale or a share of Personal Information under California law. This may include showing you advertisements on other websites.

We disclose Personal Information for the following business or commercial purposes:

• Help ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes;
  
• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, and providing financing;
  
• Advancing our commercial or economic interests.
  

We do not knowingly collect, sell, or share the Personal Information of consumers under 18 years of age. We do not collect or process sensitive personal information for the purpose of inferring characteristics about individuals.

Retention of Personal Information.

We retain your Personal Information for as long as your account is active or as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.

Your Rights.

If you are a California resident, you have the following rights with respect to your Personal Information:

1. The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which we collected Personal Information, the business or commercial purpose for collecting, selling or sharing Personal Information (if applicable), the categories of third parties to whom we disclose Personal Information (if applicable), and the specific pieces of Personal Information we collected about you;
   
2. The right to delete Personal Information that we collected from you, subject to certain exceptions;
   
3. The right to correct inaccurate Personal Information that we maintain about you;
   
4. If we sell or share Personal Information, the right to opt out of the sale or sharing;
   
5. If we use or disclose sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
   
6. The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.
   

How to Submit a Request to Know, Delete, and/or Correct.

You may submit a request to know, delete, and/or correct by emailing us at customerservice@Lendini.com or by calling us at: 844.700.5363.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.

We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable.

For requests to access categories of Personal Information and for requests to delete or correct Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion or correction, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities. For requests

to access specific pieces of Personal Information or for requests to delete or correct Personal Information that is sensitive and poses a risk of harm by unauthorized deletion or correction, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information you previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, we may request that you submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

To verify your request, we will match the personal information you submit with the information we have about you. If we cannot conclude your information matches what we have, you may be directed to contact us with further instructions to assist us in responding to your request. To verify your request, we may ask you to submit the following information:

• Your first and last name;
  
• The last 4 digits of your Social Security number;
  
• Your date of birth; and
  
• The name of your business
  

Right to Opt-out of Sale or Sharing of Personal Information.

If you are a California resident, you have the right to direct us to stop selling or sharing your Personal Information.

You may submit a request to opt out of sales or sharing by clicking on our website footer link: “Do Not Sell or Share My Personal Information.” If you have enabled privacy controls on your browser (such as a plugin), we will also treat that as a valid request to opt out.

Shine the Light Law.

We do not disclose personal information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

Accessibility.

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this privacy policy in an alternative format, please contact us as described below.

Opt Out Choices.

E-Mail.

Use the unsubscribe link in the footer on any promotional or marketing e-mail or email customerservice@Lendini.com.

Mobile Marketing.

Please text STOP as directed in our text message on your mobile phone. You will receive a confirmation text that you have been opted out.

Direct Mail or Telemarketing.

Write to us by mail at: Lendini ATTN: Marketing Dept. Opt-Out, 3220 Tillman Drive, Suite 220, Bensalem, PA 19020. Please include your name, business name, business address, e-mail address and telephone number.

·You may call us at: 844.700.5363 or fax us at 855.361.7594.

Changes to this Privacy Policy.

Lendini has the discretion to update this Privacy Policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting Us.

If you need help with our program, have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at:

Funding Metrics, LLC

3220 Tillman Drive, Suite 200

Bensalem, PA 19020P

844.700.5363

customerservice@Lendini.com

September 2023