CAN Capital Notice at Collection

Last Revised: June 30, 2023

Notice of Collection of Personal Information

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, CAN Capital has collected one or more kinds of data within the following categories of Personal Information within the last twelve (12) months:

A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, Social Security Number/tax ID number, driver’s license number, passport number, or other similar identifiers.
B. Personal information categories.Name, signature, Social Security Number, address, telephone number, passport number, driver’s license or state identification card number, employment, employment history, bank account number, or other financial information.
C. Protected classification characteristics under California or federal law.Age (date of birth) and citizenship via passport country of issuance.  
D. Commercial information.Records of personal property and personal credit information
E. Internet or other similar network activity.Browsing history (CAN Capital pages visited), device ID, device type and information regarding a consumer’s interaction with the Site, application, or advertisement.
F. Audio data.Interactions with CAN Capital staff are recorded for quality and monitoring purposes
G. Professional or employment-related information.Current or past job history or performance evaluations.
H. Inferences drawn from other personal information.Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Personal Information is used to identify you, process your business’s application, access the personal guarantor’s credit bureau report, verify that the personal guarantor is old enough to enter into a legally binding contract, analyze the use of the CAN Capital website, fraud analysis, marketing, customer service, collections and to determine future product offerings. Personal Information about employees is used for human resources purposes, such as to administer benefits and make personnel decisions.

Personal Information does not include:

  • Publicly available information that is lawfully made available by federal, state, and local government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, including:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

CAN Capital obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, information provided as part of the business funding application, employment relationship, or related processes.
  • Indirectly from you. For example, from observing your actions on our Site or information we collect in the course of providing services.
  • From our Site. For example, applications submitted through our Site portal or web lead information.
  • From Third Parties. For example, from business partners such as ISOs, service providers, sub-contractors, advertising networks, credit reference agencies, analytics providers, data brokers, or aggregators.
  • From Publicly Available Sources. For example, from public databases or social media platforms.

Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request business funding or ask a question about the products or services we provide access to, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to enter into a contract for a funding product, we will use that information to close that transaction. We may also save your information to facilitate new financial transactions;
  • To verify your identity to ensure security and to conduct due diligence;
  • To administer our Site and for internal operations, including product development, troubleshooting, data analysis, testing, research, statistical, and survey purposes, including to determine and manage the effectiveness of our advertising and marketing;
  • To create, administer, and communicate with you about and in the framework of your account (including fundings, payment, document management, information, including marketing communications in line with your preferences) or other relationship with us;
  • For system administration and to report aggregated statistical information about browsing patterns and actions which does not identify any individual;
  • To process, evaluate, and respond to your inquiries or requests;
  • To process your business’s application and determine whether your business qualifies for funding;
  • To administer employment benefits and for other human resources purposes;
  • To provide your business with access to funding products;
  • To review for potential fraudulent activity;
  • To service your business’s funding, including, deducting automatic daily, weekly or monthly payments from your business’s bank account;
  • To initiate, perform, and manage contractual relationships, e.g., by accepting and processing funding requests, performing transactions, processing payments, accounting, auditing and billing;
  • To communicate with you about products, services, events, surveys, and promotions, e.g., by notifying you about changes in our services or by sending you marketing communications;
  • To improve, enhance, or expand the products, services and CAN Capital Channels offered by CAN Capital (for example, to provide better information, products, and special offers);
  • To maintain and protect the security of our products, services, and CAN Capital Channels, to prevent and detect security threats, fraud, or other criminal or malicious activities;
  • To make suggestions and recommendations to you and other users of our Site about goods or services that are of interest to you or them;
  • To tailor the content that we display to you; to personalize and continually improve the Site and CAN Capital Channels and the service it provides to you;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • To ensure compliance with our legal obligations (such as record keeping as required by country specific obligations) and due diligence (to prevent white-collar or money laundering crimes), and CAN Capital policies or industry standards;
  • To carry out contract enforcement, dispute resolutions, and to initiate or protect against legal claims;
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA; or
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of CAN Capital’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by CAN Capital about our Site users is among the assets transferred.

CAN Capital will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Personal Information Disclosed for a Business Purpose

CAN Capital may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We disclose your Personal Information to the following categories of third parties:

  • Other CAN Capital Affiliates: CAN Capital may disclose personal data to other affiliates of CAN Capital, if and to the extent necessary for the purposes mentioned above.
  • Business Partners and ISOs: CAN Capital may disclose information to its business partners and ISOs as necessary to offer access to financial products or services, respond to requests, provide customer services, and communicate about products and services we provide access to.
  • Banking Partners: All business loans are currently made by WebBank, and if you request a loan through us, your Personal Information will be disclosed to WebBank. CAN Capital may, from time to time and in its sole discretion, elect to contract with one or more other bank(s) or financial service provider(s) to underwrite loans. In such case, you will be notified of such bank(s) or financial service provider(s) during the loan process. All equipment financing transactions are currently made both directly and by a select network of providers. If you request equipment financing through us, your Personal Information will be disclosed to this network of providers. You will be notified of the provider during the equipment financing process.
  • Service Providers: We may disclose certain information to third party service providers we engage to perform services for us or on our behalf, such as IT maintenance and support services (including ticketing), payment processing, marketing assistance, data analysis and data cleansing services, telemarketing services, human resources and benefit administration services, postal, mailing and package delivery services, logistics, contractors, credit bureaus, collections agencies, etc. These service providers are contractually bound to act in compliance with applicable laws and restricted from using or disclosing information, except as necessary to perform the services or comply with legal requirements.
  • Advertising Companies: We may use third party advertising companies to serve advertisements regarding products and services that may be of interest to you when you access and use the services and other websites or online services, based on information relating to your access to and use of the services and other websites or online services on any of your devices, as well as on information received from third parties.
  • Legal Process: We may disclose certain information in response to a subpoena or other legal process by a governmental entity or third party, or if otherwise required by law.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, CAN Capital has disclosed the following categories of personal information for a business purpose:

  • Category A: Identifiers.
  • Category B: Personal information categories.
  • Category C: Protected classification characteristics under California or federal law.
  • Category D: Commercial information.
  • Category E: Internet or other similar network activity.
  • Category F: Audio data.
  • Category G: Professional or employment-related information.

Retention of Personal Information

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

Sales or Sharing of Personal Information

As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration. In addition, the CCPA defines “sharing” as the disclosure of personal information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration. This means that for CCPA purposes, we may be considered to have “sold” or “shared” personal information when we have received some kind of benefit in return for sharing that personal information, even when that benefit is not necessarily a monetary benefit.

Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold or shared, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

We may sell and may have sold or shared in the last twelve (12) months the following categories of personal information:

  • Category A: Identifiers
  • Category B: Personal information categories
  • Category D: Commercial information
  • Category E: Internet or other similar network activity

This Personal Information may be sold or shared with the following categories of third parties:

  • Advertising Companies: We may use third party advertising companies to serve advertisements regarding products and services that may be of interest to you when you access and use the services and other websites or online services, based on information relating to your access to and use of the services and other websites or online services on any of your devices, as well as on information received from third parties.

We do not knowingly collect personal information from minors under the age of 16, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children’s Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell or share the personal information of individuals we actually know to be less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either that individual (if the individual is between 13 and 16 years of age), or the parent or guardian of that individual (if the individual is less than 13 years of age). Consumers who opt-in to the sale or sharing of personal information may opt-out of future sales or sharing at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting us as described below.

If you have reason to believe that a child under the age of 16 has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.