Privacy policy

Privacy Policy

About This Privacy Policy

This Privacy Policy has been updated effective November 4, 2021.

This Privacy Policy applies to www.pearlcapital.com, www.pcbfportal.com, and all their related
subdomains (the “Sites”), which are owned and operated by Pearl Capital Business Funding, LLC
(“Pearl Capital,” “us,” “we” or “our”).

At Pearl Capital, we recognize and respect your privacy. This Privacy Policy explains how we
collect, use, and disclose personally identifying information (“Personal Information”) gathered
through our Sites. It also describes the choices available to you regarding the use of, your
access to, and how to update and correct your Personal Information. This Privacy Policy applies
only to information collected through our Sites. It does not address our collection of Personal
Information from other sources, such as from sales representatives including any independent
sales or marketing representative who may refer you or your business to us (“ISO”). Note that
this is a business-to-business, not a consumer website and that we also collect information
regarding businesses. Again, this Privacy Policy applies to Personal Information about
individuals and not to information about businesses.

The Privacy Policy is subject to and incorporates by reference our Terms of Use, including its
limitation on liability.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider, (free of charge) at https://feedback-form.truste.com/watchdog/request. To view more details regarding certification, please visit the validation page by clicking on the seal below:

Types of Personal Information We Collect Through The Sites

You may browse our Sites without creating an online account, but to
use certain features you or your ISO may be required to create an account. When you create an
account with us, we may collect your name, email address, contact information, a username and
password that you will use to access your account and other information. In addition, to submit
a question, comment, or post to a blog, you may be required to submit your name and email
address, and we may also ask you for other optional information, such as your business’s website
address.

We also collect information from you if you log into our Sites through an account created with a
third-party website (e.g. Facebook, or LinkedIn). The option to access our Sites via these
third-party websites may occur and will be entirely at your option. The information we are able
to migrate to our Sites from these third-party websites will depend on the privacy settings that
you have in place with the third-party site from which you log in. If you choose to log into the
Sites via a third-party website, you hereby consent to our access to and collection of such
Personal Information about you. We also collect the following types of Personal Information
through the Sites:

Business owner contact information (such as name, address, email address, and phone number)
and individual job information (such as job title)
Personal and financial information necessary to assess your eligibility to access working
capital
Optional Personal Information you may wish to share in the furtherance of your funding
application
Information about your visits to and use of the Sites or the websites of third-party services
to help us maintain the appropriate features, functionality, and user experience
Information to verify an individual’s identity (including social security number, user name
and password, and other data elements such as driver’s license number and age or date of birth)
Individual financial or credit bureau information (such as a business owner’s credit score,
credit history, and bank account information)
Personal Information contained in government filings or legal agreements (such as corporate
formation agreements, business licenses, lease or loan agreements, and business tax returns)
Information uploaded by users to our Sites, such as your driver’s license, pictures of your
business, and bank statements
Any other Personal Information you submit or upload through our Sites or to one of our email
addresses

We may also append to the Personal Information collected through our Sites data or an ISO’s new
or other data that we receive from other sources, such as public records, demographic
information, and other background information supplied by information services or third parties.
Examples of the types of Personal Information that may be obtained from other sources may include:

Address information about you from third party sources, such as the U.S. Postal Service, to
verify your address so we can properly ship your order to you and to prevent fraud.
Purchased marketing data about our customers from third parties that is combined with
information we already have about you, to create more tailored advertising and products.
Credit / Background information about you from an outside reporting agency to help us
with customer authentication and credit-related decisions.

In addition, we automatically collect through our Sites information that is often not personally
identifying, such as the website from which you came to our Sites and your IP address, browser
type, Internet service provider (ISP), referring/exit pages, the files viewed on our site
(e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data,
and other information relating to the device through which you access the Sites. We may
combine this information with the Personal Information we have collected from you, which we
store in log files. We do this to improve services we offer you.

Information We Collect From You and About You

Some information collected from you is required and some is optional; some will remain private
and some will be shared with third parties. Additional information may be gathered during your
subsequent use of the Sites, whenever you choose to provide it. Certain Personal Information must
be supplied to determine eligibility for financial products and to verify and guard against
potential fraud. We will use this information to request a credit report from a credit bureau to
process your application as well as to help assess your funding request in the context of your
overall financial situation. We will also use your required and optional information to
facilitate activities and transactions that need to occur during the funding process.

Additional Uses of Personal Information

We use the Personal Information you provide us and allow us access
as described herein for the following purposes:

Respond to requests or inquiries, and for similar, customer-service-related purposes
Evaluate your business’s or customers’ eligibility for products provided by or through us
or our affiliates
Effectuate or enforce a transaction or agreement
Adjust offerings or services, provided by or through us or our affiliates, to your
business and to tailor the information we send or display to you
Provide you with information about our company or products — provided by or through us
or our affiliates — that we believe you may find of interest, including marketing
and promotional e-mails
Authenticate visitors to our Sites
Improve our Sites, offerings or services provided by or through us or our affiliates
Better understand how users access and use our Sites, and offerings provided by or through
us or our affiliates, on an aggregated and individualized basis

Types of Disclosures of Personal Information

We will share your personal information with third parties only in
the ways that are described in this privacy policy. We do from time to time provide others with
your information, for various products and services as described below. We may disclose Personal
Information to third parties for the following purposes:

To provide you with information relating to products or services that we believe you may find
of interest; to provide you access to products, from third parties, if we cannot provide access. If you do not want us to share your personal information with these companies, contact us at [email protected].
In certain situations, we may be required to disclose personal information in response to
lawful requests by public authorities, including to meet national security or law enforcement
requirements
In response to a subpoena or other legal process by a governmental entity or third party, or
if otherwise required by law
To protect or enforce our rights or property, protect your safety or the safety of others,
investigate fraud, or respond to a government request
In the event of the sale or dissolution (bankruptcy) of all of our assets, in which case, you
will be notified, there after by a prominent notice on our Web sites of any change in ownership
or uses of your personal information, as well as any choices you may have regarding your
personal information
To third parties involved in the process of providing services to us or you or performing
functions on our behalf, such as contractors, customer service providers (e.g., information
technology or human resources consultants or service providers), credit bureaus, and collection
agencies. These companies are authorized to use your personal information only as necessary to
provide these services to us
To our affiliates and subsidiaries for marketing purposes, or for product or service delivery
To the ISO that referred you to us — for example, in connection with reporting on your
progress
in the application process or in connection with calculating or reporting on the commission due
to the referral source or otherwise
To our lenders, investors, partners, or auditors in the course of their review or auditing us
To provide products or services requested
To our vendors, who may use the information to further improve their database services to us

Notwithstanding anything else in the Privacy Policy, we may share aggregate or personally
identifying information about users with third parties for marketing, advertising, research, or
other business purposes.

User Access

Upon request we will provide you with information about whether we
hold any of your personal information. If your personal information changes, or if you no longer
want updates or to be contacted for new products, you may correct, update, amend, delete/remove
or deactivate your contact information by emailing our Customer Support at
[email protected] or by contacting us by telephone or
postal mail at the contact information listed below. We will respond to your request within a
reasonable timeframe.

Data Retention

We will retain your information for as long as your account is
active or as needed to provide you services. In additional we are required to keep, retain your
information as necessary to comply with our legal obligations, resolve disputes, and enforce
agreements.

Cookies and Analytics

Technologies such as cookies or similar technologies are used
by us and our analytic partners or service providers. These technologies are used in
analyzing trends, administering the sites, tracking users’ movements around the sites 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.
We use cookies for to remember users’ settings or for authentication. Users can control the use
of cookies at the individual browser level. If you reject cookies, you may still use our sites,
but your ability to use some features or areas of our sites may be limited.

As described in this Privacy Notice, [CUSTOMER AND/OR] third parties on our digital propert(ies) may use cookies and similar tracking technologies to collect information and infer your interests for interest-based advertising purposes. If you would prefer to not receive personalized ads based on your browser or device usage, you may generally express your opt-out preference to no longer receive tailored advertisements. Please note that you will continue to see advertisements, but they will no longer be tailored to your interests.

To opt-out of interest-based advertising by participating companies in the following consumer choice mechanisms, please visit:

-Digital Advertising Alliance (DAA)’s self-regulatory opt-out page (http://optout.aboutads.info/) and mobile application-based “AppChoices” download page (https://youradchoices.com/appchoices)
-European Interactive Digital Advertising Alliance (EDAA)’s consumer opt-out page (http://youronlinechoices.eu)
-Network Advertising Initiative (NAI)’s self-regulatory opt-out page (http://optout.networkadvertising.org/).

In the mobile environment, most mobile operating systems offer device-based opt-out choices that are transmitted to companies providing interest-based advertising. To set an opt-out preference for a mobile device identifier (such as Apple’s IDFA or Android’s GAID), visit the device manufacturer’s current choice instructions pages, or read more about sending signals to limit ad tracking for your operating system here: http://www.networkadvertising.org/mobile-choices.

Please note that these settings must be performed on each device (including each web browser on each device) for which you wish to opt-out, and if you clear your cookies or if you use a different browser or device, you will need to renew your opt-out preferences.

Social Media Widgets

Our Web sites include or may include Social Media Features, such as
the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs
that run on our sites. These Features may collect your IP address, which page you are visiting on
our sites, 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 Sites. Your interactions
with these Features are governed by the privacy policy of the company providing it.

User Content

We may, from time to time, allow users or third parties to post
information to our Sites, such as comments or blogs or to offer you information on small business
topics. Any information that you post to our Sites becomes public information and may be viewable
by other users, as well as visitors to our Sites (this is not true of uploaded documents as part
of the funding process). In addition, your name, as well as other optional information you
choose to submit along with the information you post, will be publicly displayed along with your
comment or blog. We are not responsible for the privacy of any information that you choose to
post to our Sites, or for the accuracy of any information contained in those postings. We cannot
prevent such information from being used by others in a manner that may violate this Privacy
Policy, the law, or your personal privacy. To request removal of your personal information from
our blog or community forum, contact us at [email protected].
In some cases, we may not be able
to remove your personal information, in which case we will let you know if we are unable to do
so and why. Your posting of any content to any of the Sites is subject to our Terms of Use.

Testimonials

We display personal testimonials of satisfied customers on our sites
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 at
[email protected]

Third-party Links

At times, our Sites may contain links to other, third-party
websites. Any access to and use of such linked websites is not governed by this Privacy Policy
but, instead, is governed by the privacy policies of those third-party websites. We are not
responsible for the information practices of such third-party websites.

Marketing Communications

We may send you emails from time-to-time about information that we
(or third parties) believe may be of interest to you. We may also send you news and offers from
us or other third parties, which may include our newsletter or information about special offers,
products or offerings, or other items. If, at any time, you would like to stop receiving these
promotional e-mails, you may follow the opt-out instructions contained in any such e-mail.

Please note that it may take up to 10 business days for us to process opt-out requests. If you
opt-out of receiving emails or promotions from us, we still may send you e-mails about your
account, your application or any products or services you have requested or received from us, or
for other customer service purposes. You do not have an option to opt out of these emails, which
are not promotional in nature.

International Users

The Sites are hosted in the United States. If you are accessing the
Sites from outside the United States, by providing your information to the Sites, you are
consenting to and authorizing the transfer of your information to the United States for storage,
use, processing, maintenance, and onward transfer of such information to other entities
regardless of their location in accordance with this Privacy Policy and our Terms of Use. You
are also consenting to the application of United States law in all matters concerning the Sites.

Security

We take reasonable steps to safeguard your personal and
sensitive information through vigorous physical, electronic, and operational policies and
practices. Data can only be read or written through defined service access points, the use of
which is password-protected. The physical security of the data is achieved through a combination
of network firewalls (there is no direct communication allowed between the database server and
the Internet) and servers with operating systems, all housed in a secure facility. Access to the
system is controlled.

Further, we also equip our servers with Secure Socket Layer (SSL) certificate technology to
ensure that when you connect you are actually on our Sites. SSL also ensures that all data
entered into the web sites is encrypted. To verify that SSL is being used, look for the key or
padlock icon on your browser. For further encryption protection, we use a 128-bit secure browser
for logins and transactions. Portions of our sites may make use of “CAPTCHA” technology, which is
a test that we use to ensure certain sensitive transactions are being initiated by a human and
not by another computer. The test involves viewing a distorted image of a word that a computer
would not be able to interpret and then entering in the text shown in the image. Finally, we
subject our systems to periodic security audits to ensure that your information is thoroughly
protected and secure.

No method of transmission over the Internet, or method of electronic storage, is 100% secure,
however. Therefore, we cannot guarantee its absolute security. If you have any questions about
security on our Web sites, you can contact us at [email protected].

Secure, Off-Site Hosting

We store all sensitive financial data such as social security
numbers and bank accounts in a secure environment.

Protection of Account Numbers

When we contact you about your account or to confirm a funds
transfer, we only reference the last four digits of your social security number; this is done
for your protection.

Passwords

Your password is not known to any employee or third party with whom
we may partner, and we will never ask for your password as a means of identifying yourself. You
should never share your password with anyone, and if you ever receive an email purporting to
come from us that asks for your password, you should immediately report this development to us
at [email protected].

What You Can Do

In addition to our own substantial efforts, you can take several
precautions to protect the security of your computer and Personal Information. For instance, you
can start by using a complex/well-chosen password. You should avoid using any information that
others can easily learn about you, such as a family member’s name or birthday; you can also use
special characters in place of letters. We also recommend that you change your password
frequently. You can also install and regularly update antivirus and firewall software to protect
your computer or device from external attacks by malicious users. When you are finished with a
session on our sites, be sure that you log out and close the browser window.

If you use a computer that is accessed by other people, such as in a public library or Internet
cafe, we recommend that you take special precautions to protect the security of your account and
personal data. When you are finished using our sites, you should log out completely, then close
the browser window and clear the browser’s cache files.

You should also be aware of fraudulent attempts to gain access to your account information known
as “phishing.” Phishing is a tactic used by scammers in which unsuspecting people are brought to
a website by a genuine-looking email purporting to be from a legitimate company. The phony or
“spoof” email takes the person to a website that looks legitimate but in fact is not. Either in
the email itself or on this fake site, scammers will ask for login information to gain access to
people’s accounts and withdraw their money. We will never ask you for your login information in
the context of any email. In general, you can protect yourself against phishing by never
providing personal or login information via an email, instead, go the web site directly. You
might also make it a habit to check the URL of a web site to be sure that it contains the correct
domain. You should always ensure the URL contains the domain pearlcapital.com or pcbfportal.com
at the beginning of the URL.

Changes to This Policy

We may update this privacy policy to reflect changes to our
information practices. If we make any material changes we will notify you or our customers by a
notice on the Sites prior to the change becoming effective. We encourage you to periodically
review this page for the latest information on our privacy practices.

Session Time-Outs

We also employ session time-outs to protect your account. You will
be logged out of the Sites automatically after a specified period of inactivity. This time-out
feature reduces the risk of others being able to access your account if you leave your computer
unattended.

Contact Us

Questions? You may contact us with any questions or concerns about
this Privacy Policy at:

Pearl Capital Business Funding, LLC
525 Washington Blvd, 22nd Fl.
Jersey City, NJ 07310
Telephone: 800-888-9959
[email protected]

You may browse our Sites without creating an online account, but to
use certain features you or your ISO may be required to create an account. When you create an
account with us, we may collect your name, email address, contact information, a username and
password that you will use to access your account and other information. In addition, to submit
a question, comment, or post to a blog, you may be required to submit your name and email
address, and we may also ask you for other optional information, such as your business’s website
address.

We also collect information from you if you log into our Sites through an account created with a
third-party website (e.g. Facebook, or LinkedIn). The option to access our Sites via these
third-party websites may occur and will be entirely at your option. The information we are able
to migrate to our Sites from these third-party websites will depend on the privacy settings that
you have in place with the third-party site from which you log in. If you choose to log into the
Sites via a third-party website, you hereby consent to our access to and collection of such
Personal Information about you. We also collect the following types of Personal Information
through the Sites:

Business owner contact information (such as name, address, email address, and phone number)
and individual job information (such as job title)
Personal and financial information necessary to assess your eligibility to access working
capital
Optional Personal Information you may wish to share in the furtherance of your funding
application
Information about your visits to and use of the Sites or the websites of third-party services
to help us maintain the appropriate features, functionality, and user experience
Information to verify an individual’s identity (including social security number, user name
and password, and other data elements such as driver’s license number and age or date of birth)
Individual financial or credit bureau information (such as a business owner’s credit score,
credit history, and bank account information)
Personal Information contained in government filings or legal agreements (such as corporate
formation agreements, business licenses, lease or loan agreements, and business tax returns)
Information uploaded by users to our Sites, such as your driver’s license, pictures of your
business, and bank statements
Any other Personal Information you submit or upload through our Sites or to one of our email
addresses

We may also append to the Personal Information collected through our Sites data or an ISO’s new
or other data that we receive from other sources, such as public records, demographic
information, and other background information supplied by information services or third parties.
Examples of the types of Personal Information that may be obtained from other sources may include:

Address information about you from third party sources, such as the U.S. Postal Service, to
verify your address so we can properly ship your order to you and to prevent fraud.
Purchased marketing data about our customers from third parties that is combined with
information we already have about you, to create more tailored advertising and products.
Credit / Background information about you from an outside reporting agency to help us
with customer authentication and credit-related decisions.

In addition, we automatically collect through our Sites information that is often not personally
identifying, such as the website from which you came to our Sites and your IP address, browser
type, Internet service provider (ISP), referring/exit pages, the files viewed on our site
(e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data,
and other information relating to the device through which you access the Sites. We may
combine this information with the Personal Information we have collected from you, which we
store in log files. We do this to improve services we offer you.

Some information collected from you is required and some is optional; some will remain private
and some will be shared with third parties. Additional information may be gathered during your
subsequent use of the Sites, whenever you choose to provide it. Certain Personal Information must
be supplied to determine eligibility for financial products and to verify and guard against
potential fraud. We will use this information to request a credit report from a credit bureau to
process your application as well as to help assess your funding request in the context of your
overall financial situation. We will also use your required and optional information to
facilitate activities and transactions that need to occur during the funding process.

We use the Personal Information you provide us and allow us access
as described herein for the following purposes:

Respond to requests or inquiries, and for similar, customer-service-related purposes
Evaluate your business’s or customers’ eligibility for products provided by or through us
or our affiliates
Effectuate or enforce a transaction or agreement
Adjust offerings or services, provided by or through us or our affiliates, to your
business and to tailor the information we send or display to you
Provide you with information about our company or products — provided by or through us
or our affiliates — that we believe you may find of interest, including marketing
and promotional e-mails
Authenticate visitors to our Sites
Improve our Sites, offerings or services provided by or through us or our affiliates
Better understand how users access and use our Sites, and offerings provided by or through
us or our affiliates, on an aggregated and individualized basis

We will share your personal information with third parties only in
the ways that are described in this privacy policy. We do from time to time provide others with
your information, for various products and services as described below. We may disclose Personal
Information to third parties for the following purposes:

To provide you with information relating to products or services that we believe you may find
of interest; to provide you access to products, from third parties, if we cannot provide access. If you do not want us to share your personal information with these companies, contact us at [email protected].
In certain situations, we may be required to disclose personal information in response to
lawful requests by public authorities, including to meet national security or law enforcement
requirements
In response to a subpoena or other legal process by a governmental entity or third party, or
if otherwise required by law
To protect or enforce our rights or property, protect your safety or the safety of others,
investigate fraud, or respond to a government request
In the event of the sale or dissolution (bankruptcy) of all of our assets, in which case, you
will be notified, there after by a prominent notice on our Web sites of any change in ownership
or uses of your personal information, as well as any choices you may have regarding your
personal information
To third parties involved in the process of providing services to us or you or performing
functions on our behalf, such as contractors, customer service providers (e.g., information
technology or human resources consultants or service providers), credit bureaus, and collection
agencies. These companies are authorized to use your personal information only as necessary to
provide these services to us
To our affiliates and subsidiaries for marketing purposes, or for product or service delivery
To the ISO that referred you to us — for example, in connection with reporting on your
progress
in the application process or in connection with calculating or reporting on the commission due
to the referral source or otherwise
To our lenders, investors, partners, or auditors in the course of their review or auditing us
To provide products or services requested
To our vendors, who may use the information to further improve their database services to us