Privacy Policy

Last Updated: April 4, 2024

This privacy policy (“Privacy Policy”) is applicable to Capixa Capital Funding Corp. (“Capixa” “we” or “us”). At Capixa, we consider the privacy of our clients, customers, users and visitors of our website and small business funding services (collectively, “Users”, “Customers” or “you”) to be extremely important. In this document, we describe how Capixa collects, uses and discloses the information we collect from you and about you when you browse our website (“Website” or “Site”) or use our business funding and online services (“Services”).

Our objective is to provide you with transparent and accessible information about our information collection practices and your privacy choices. The following items assist you in understanding and navigating this privacy policy:

Types of information collected
Methods of collecting information
Mobile messaging
Uses of information collected
Sharing of collected information
Storage of collected information
Security of your information
California privacy data use disclosure
Children’s privacy rights
Choices regarding information collection
Links to other websites and services
Changes to Privacy Policy

Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Service and Business Funding Terms.

1. Types of Information Collected

In connection with your use of our Website and Services, we collect the following types of information:

Personally Identifiable Information (“PII”) refers to any information that identifies or can reasonably be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, FICO scores, and credit card information. PII does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected or reasonably connectable to an identified individual. In this Privacy Policy the term PII may be used to specifically identify an individual business owner, principal, business representatives, loan applicants, or Website visitors.

In the U.S., federal law requires Capixa to collect and verify beneficial ownership information of our Customers. In addition, if you make payments through the Services, Capixa may also collect information, such as payments or invoicing information including name, postal and email addresses, or phone number. Certain information may not be personally identifiable when standing alone but may become so when combined with other information. As a rule, Capixa does not collect PII when you visit our Website, unless you choose to provide such information or use Services that necessitate the need to collect that information.

Computer and other Technical Information When you use our Website, we automatically collect information relating to your computer, mobile device and other information associated with the device you use to access the Services, including: download, use and access information for mobile applications or mobile-optimized sites; IP address or other unique identifiers that are automatically assigned to your computer, mobile or other device used to access the Website; the type of browser you are using; the third party website from which your visit originated; the operating system you are using; the domain name of your Internet service provider; the search terms you use on our Website; the specific areas within our Website or Services that you visit; and/or the time of day and duration of your visits, internet connection, referring/exit pages, clickstream data, and information that you search for using the Services. This information can be used to identify you and is considered PII.

Business Information means information regarding businesses and their principals that use or otherwise access the Services, including: business name, address, email, and telephone number, company structure, industry type, incorporation date, annual revenue, bank account information, marketplace account information, payment information, business social network data, accounting information, vendor usage information, information regarding our transactions and experiences with the business, information regarding business principals and beneficial ownership information (collectively, “Business Information”). Business Information may also include information about your customers if collected in connection with your use or access of the Services. Use of our Business Funding Services is governed by our Terms of Service and Business Funding Terms and Conditions.

2. Methods of Collecting your Information

The information we collect about you depends on how you use our Services, and if your business becomes a Customer of Capixa.

Information Provided by You. We may collect information from you when you register or use the Services. For example, we may collect PII, user information and Business Information from you when you register an account on our Sites, fill out forms or fields on the Sites, or complete an application for Business Funding Services. We may also collect information when you communicate with us through email, mail, text, telephone, facsimile or other means.

Information Collected when You Use Services. As noted above, we automatically collect PII from your computer, mobile device or other PII associated with your device you use or access the Services (including downloading and using a mobile application or accessing a mobile optimized Site). We may collect PII when you view content about the Services on a third-party website or open emails or links in email communications from us. We, our business partners, or our service providers may use cookies, web beacons, pixel tags, and other similar technologies which collect information when we provide you with Services.

IP Address. An IP address is a number that is assigned to your computer, mobile or other computing device whenever you are surfing the Internet. Web servers (computers that “serve up” web pages) automatically identify your computer or other computing device by its IP address. When users request pages from our Website, servers may log their IP addresses. Capixa may collect IP addresses for the following purposes, among others: system administration, to report non-personal aggregate information, and to track the use of the Website. IP addresses that are associated with your computing devices, mobile phones, or other devices are PII.

Cookies. Cookies are small text files containing a string of alphanumeric characters. When you visit our Website or access our Services, we or our analytics providers may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets Capixa help you log in faster and enhance your navigation through the Site. We may use both session cookies and persistent cookies.

Session Cookies: A session cookie disappears after you close your browser.

Persistent Cookies: A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Services. A cookie may also convey information to us about how you use our Sites and Services (e.g., the pages you view, the links you click and other actions you take on our Sites or use of our Services) and allow us to track your usage of our Sites and Services over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions.

Your Cookie Choices: You can reset your web browser to refuse all cookies or to choose when a cookie is permitted. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Sites or when you access our Services, you may not be able to utilize all the features of the Services to their fullest potential. Clear GIFs, Pixel Tags, and Other Technologies.

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs, or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third-party service providers also may use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel,” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

Log file information. Log file information is automatically reported by your browser or mobile device each time you access our Sites or use our Services. When you access our Sites or use our Services, our servers automatically record certain log file information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on our Sites, domain names, landing pages, pages viewed, and other such information.

Email Communications. If you send us an email with questions or comments, we may use PII to respond to your questions or comments and save your questions or comments for future reference. For security reasons, it’s not recommended that you send non-public personal information to Capixa by email. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive promotional messages, you will be given the option to opt-out. We also use your information to send you service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of our Services, technical and security notices).

Information Received from Third Parties. The Services allow us, upon your direction, to obtain user information and Business Information from third party entities that your business maintains accounts with such as financial institutions, service providers referral partners, identity verification services, card networks, vendors, mailing list providers, consumer reporting agencies, commercial credit bureaus and associations, fraud prevention agencies, and publicly available sources including social networking services. We may combine this information with information we already collected from you or about you. For example, we may obtain transactional information about your business from financial institutions, information about your business’s engagement with customers from social networking services, and information about your business’s sales volume from service providers.

3. Mobile Message Service – Terms and Conditions

The Capixa mobile message service (the “Service”) is operated by Capixa Capital Funding Corp. (“Capixa”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Capixa’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Capixa through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Customer service-related messages may include updates, alerts, and information (e.g., offer updates, application requirements, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., promotional reminders or new offers).

You understand that you do not have to sign up for this program in order to conduct any business with Capixa, and your consent is not a condition of any offer from Capixa. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command UNSUBSCRIBE to (888) 222-6788. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Capixa mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to (888) 222-6788 or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any UNSCUSCRIBE or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please read the whole Privacy Policy

4. Use of Information

Marketing and Advertising, Third-Party Ad Networks and Online Tracking. We, advertisers, sponsors, and our third-party service providers may use third parties such as network advertisers to display advertisements on our Site. Network advertisers are third parties that display advertisements based on your visits to our Site as well as other websites. We, advertisers, our third-party service providers, and the ad networks may track your behavior on this Site. Specifically, third-party ad-network providers (such as Google or Facebook), advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs, and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one.

Use of Personal Information; Opt Out Rights. In order to generate such targeted advertisements, we may provide these third-party advertisers with certain information about your usage of our Site and our Services, as well as aggregate or non-personally identifiable information about visitors to our Site and users of our Service. This information typically includes the following PII: IP address, email address, phone number, mailing address (if applicable), name and company name. Upon uploading, the ad server companies immediately “hash” this PII data so that it is not human-readable, for added security. If this data set matches information the ad server company already has on file for you, these third-party companies may use this information to re-target you with ads we think may be of interest to you using “cookies”. However, we are never compensated for the transfer of any of your PII to any third party (including third-party ad-network providers). The ad server networks we use (EG, Google and Facebook) have confirmed they will delete and not make any further use of any customer data sent to them as soon as this is “matched” with their data set. In addition, we offer our customers and users the right to opt out of receiving future advertisements using our products in accordance with applicable law, as per instructions set forth in the targeted advertisements.

Automated Devices; Privacy Practices. We may use automated devices and applications, such as Google Analytics, to evaluate usage of our Site, and to the extent permitted, our Apps. We also may use other analytic means to evaluate our Site and Apps. We maya use these tools to help us improve our Site’s and Apps’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy.

Cross-Device Use. We and our service providers, including Google, may use the information that we collect about you (whether directly from our Site, from our mobile applications, through your device(s), or from a third party) to help us and our service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.).

Other Uses of Information. We may use information collected about you to enhance provision of our Services to you, including to:

Provide, operate, maintain and improve the Services
Enable you to access and use the Services
Send you technical notices, updates, security alerts and administrative messages
Enhance the customer registration and application process
Provide customer support services
Conduct surveys and collect feedback about our Services
Monitor and analyze trends, usage and other metrics relating to the Services, including aggregate metrics such as total number of visitors, traffic, and demographic patterns
Notify you about special offers and other products and services we may offer
Diagnose or fix technology problems and other security-related purposes
Manage and protect our Website and IT infrastructure
Detect and protect against potentially prohibited or illegal activities, including fraud, unauthorized access and intellectual property infringement
Respond to lawful requests for information or legal process, or establish, exercise, or defend a legal claim
Comply with our contractual obligations, our policies, industry standards, and applicable laws
Process and use your information in an anonymized or aggregated form for marketing and other data analytics purposes
Use for other purposes for which we provide notice to you at the time of collection or for which we obtain your consent

5. Sharing of Your Information

We will not share, rent or sell your information to third parties outside Capixa and affiliated companies without your consent, except as noted below:

Sharing with Third Parties. We may share your information with third-parties for the purpose of providing our Services to you. Those third-parties may be given access to your information as is reasonably necessary to deliver our Services. By providing Capixa your Information and Documents, you expressly authorize (a) Capixa to disclose any or all of such Information and Documents, at its discretion, to financial institutions, providers of merchant cash advances, providers of factoring or receivables financing or other potential funders or lenders (collectively, “Funders”) in connection with a potential business funding transaction with you and (b) Capixa and Funders to disclose any or all of such Information and Documents, and share any or all of such Information and Documents with other third-parties to assist in facilitating potential business funding transactions with you.

Pursuant to Lawful Requests. Capixa will disclose your information if we reasonably believe that such action is necessary to (a) comply with applicable local, state and federal laws; (b) comply with reasonable requests by law enforcement; or (c) comply with a legally served subpoena in a civil legal action.

Protect the Company and Users. Capixa will disclose your information if we reasonably believe that such action is necessary to (a) enforce our Terms of Service and Business Funding Terms; or (b) protect the rights, property or personal safety of Capixa and our Users.

Use of Aggregate or Pseudonymous Information. We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

6. How We Store Your Information

Your information collected through our Sites and the use of our Services may be stored and processed wherever Capixa maintains facilities in compliance with all applicable local, state and federal laws.. Capixa reserves the right to remove any content that contains a virus or other malicious code, or that otherwise violates any term of this Privacy Policy, Terms of Service or Business Funding Terms.

7. Security of Your Information

Capixa cares about the security of your information and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through your use of our Sites and Services. We take reasonable measures, including physical, technical and organizational safeguards to protect your information from unauthorized access, disclosure, misuse, alteration, and destruction. These security measures include physical access controls, firewalls, data encryption and information access authorization controls. You are responsible for any use of our Sites and Services related to your account, whether by you or a third party, as well as for controlling access to your email communications from us. However, we cannot ensure or warrant the security of any information you transmit to Capixa or guarantee that information provided through our Sites and through the use of our Services may not be accessed, disclosed, altered, or destroyed.

For Site security purposes and to ensure that our Website remains available to all users, we may employ software programs to identify unauthorized attempts to upload or change information, or otherwise cause damage. When you submit information to us through our Website, you should be aware that your information is transmitted across the Internet, and that no method of transmission over the Internet is 100% secure. We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. While we strive to protect your privacy, we cannot guarantee or warrant the security of any information you choose to disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your PII. In the event your PII (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you (including by email) at the last address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation.

8. California Privacy Data Use Disclosure

California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below. We are not compensated for the transfer of any of your PII to any third party (including third-party ad-network providers). We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.

Other Permissible Collections and Uses: We may process your information in an anonymized or aggregated form for purposes other than described in this Privacy Policy. We may use the information we collect for other purposes for which we provide notice to you at the time of collection or for which we obtain your consent.

California Residents’ Rights: California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Do-Not-Sell: California residents have the right to opt-out of the sale of their “personal information”. We do not sell your personal information to anyone. We do provide certain personal information of customers and users to ad server networks in order to generate targeted ads for our products and services, but we offer such customers and users the right to opt out of receiving future advertisements.

Initial Notice: We have listed below the categories of personal information about California residents that we collect and/or disclose to third parties, including service providers. We only collect and disclose your personal for a business purpose relating to our Services.

CATEGORIES OF PERSONAL INFORMATION
NAME, CONTACT INFORMATION AND IDENTIFIERS: name, company name, address, email address, account information, social security number, driver’s license number and other similar identifiers.

CUSTOMER RECORDS: paper and electronic customer and business records that you have uploaded onto our system, including the information specified in Section 1 of this Privacy Policy and in this Chart.

PROTECTED CLASSIFICATIONS: protected classifications under California or federal law, such as race, sex, age, religion, national origin, sexual orientation, disability, etc.

PURCHASE HISTORY AND TENDENCIES: commercial information, including products or services purchased or other purchasing or consuming histories or tendencies.

USAGE DATA: internet activity information, including browsing history, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement.

GEOLOCATION DATA: geographic location information about a user or device.

AUDIO/VISUAL: audio, electronic, visual or other similar information.

EMPLOYMENT HISTORY: Professional or employment-related information.

EDUCATION INFORMATION: non- publicly available academic or other educational information.

PROFILES AND INFERENCES: characteristics used create a profile or reflect a user’s preferences, characteristics, l trends, predispositions, behavior, attitudes, abilities and aptitudes.

Verifiable Requests for Copy, Deletion and Right to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months:

Right of Deletion: The right to request deletion of their personal information that we have collected about them and to have such personal information deleted, subject to certain exemptions, including where such information is necessary complete the transaction for which the personal information was collected, provide a good or service requested by the customer, or reasonably anticipated within the context of a business’s ongoing business relationship with the customer, or otherwise perform a contract between a business and the customer.

Right to a Copy: The right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.

Right to Know: The right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the categories of personal information collected and the purposes for which such information was collected (in each case as specified in this Privacy Policy).

Shine the Light: California residents may request, free of charge, a list of what personal information (if any) we provided to third parties in the preceding year for that third party’s direct-marketing purposes. You may make one request per calendar year. In your request, please attest that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us as set forth in the User Agreement. Please allow up to thirty (30) days for a response.

Incentives and “Non-Discrimination”. The California Consumer Privacy Act (“CCPA”) prohibits discrimination against California consumers for exercising their rights under the CCPA and imposes requirements on financial incentives, including loyalty programs offered to California consumers related to their personal information.

Non-Discrimination: if consumers exercise their rights under CCPA, businesses may not discriminate against them including by denying or providing a different level or quality of goods or services or charging or suggesting that a business will charge different prices or rates or impose penalties, unless doing so is reasonably related to the value provided by the consumer’s data.

Submitting Requests. Requests to exercise the right to deletion, right to a copy, and / or the right to know may be submitted by contacting us. We will respond to verifiable requests received from California consumers as required by law.

9. Protecting Children

We take special care to protect the safety and privacy of children. Any features or aspects of our Website which may require the submission of information are not intended for anyone under 18 years of age. Capixa does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register as Users. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible.

10. Your Choices About Your Information

You control your account information and settings: You may update your account information and email-communication preferences at any time by accessing your account and changing your profile settings.

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Capixa or its analytics providers from tracking your browser’s activities in relation to the use of our Sites and Services. However, doing so may disable many of the features available through the Sites and Services. Following termination or deactivation of your User account, Capixa may retain certain information you have provided to us for a commercially reasonable time for backup, archival, or audit purposes.

11. Links to Other Web Sites and Services

We are not responsible for the practices employed by websites or services linked to or from our Sites or Services, including the information or content contained therein or sent to you in a message from any third party that contacts you through the use of our Sites and Services. Please remember that when you use a link to go from our Sites and Services to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website or through our Sites and Service, are subject to that third party’s own rules and policies. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through our Sites and Services.

12. Changes to Our Privacy Policy

This Privacy Policy is revised periodically to reflect the changes in our business and practices, and so you should review this page from time-to-time. When we change the policy in a material manner, we will notify you.