Privacy & Security Policy

Austin Business Finance, LLC dba Backd is committed to protecting your security and privacy. In an effort to provide you with the highest quality of care, the following Privacy & Security Policy explains our online information practices and the choices we make together about the way your information is collected and used. The access or use of our website is an agreement to be bound by the terms of this Privacy & Security Policy. If you have any questions about this policy, please contact our team.

Information We Collect Online

We collect personal information that you choose to provide to us or which we receive from other sources (“Personal Information”). Our primary purpose for collecting your information is to provide you with the best products and services, and to exceed your expectations. The information which we collect and store includes:

• Identifiers (name, postal address, online identifier, Internet Protocol address, email address, account name, Social Security 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
• Any additional information you choose to submit or upload through our website or to one of our email addresses

Note that we collect Personal Information 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 Personal Information, the device you use to access our website contains information that we may collect and store. We use technologies, such as cookies, to improve the use and security of our website, and we use cookies to remember user preferences for optimization.

Sources of Information

The primary source of all information we receive is you, our valued customer. In addition to the information you entrust us, we may collect information from publicly available sources, third party referral sources, internal records, credit agencies and financial crime prevention agencies.

Third Party Information

In some cases, we may receive certain Personal Information from you about a third party. If you submit any Personal Information about another individual to us, you are responsible for making sure you have the authority to do so and to allow us to use their Personal Information in accordance with this Privacy & Security Policy.

The Way We Use Information

We use the information you provide us to tailor our various products and services for you. We do not share this information with outside parties except as necessary to complete your request and in conjunction with this policy. Specific uses of your information may include:

• To verify your identity, conduct background checks or determine eligibility for funding, and if funding is provided, to service the funding Agreement.
• Improve customer service, including our website, and to communicate with you about products or services and deliver the exceptional service you expect to receive from us.
• Share information with our trusted partners, affiliates, brokers, marketing partners and subsidiaries.
• In response to a court order, subpoena, or request for cooperation from a regulatory, law enforcement or other government agency; to establish or exercise our legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations. In such events we will only disclose information relevant and necessary to the investigation or inquiry.
• In the event of merger, acquisition, transfer or sale (including a bankruptcy proceeding), we may disclose information in connection with such event.
• To protect or enforce our rights, or protect your safety or the safety of others.

Additionally, we may allow customers to post information to our website. If you post information on our website, such as commenting on content or participating in blogs or forums, or when you interact with our site through social media sites, this information may become public on the Internet. We are unable to prevent or control further use of this information. Likewise, we are not responsible for the accuracy of any information posted by customers.

How We Share Your Information

If we ever share the information that we collect about you, it may be in the following ways:

• Third-party lenders that we partner with;
• With vendors who perform data or site-related services on our behalf;
• With vendors to prepare and analyze advertising content;
• To the extent that we are required to do so by law;
• In connection with any legal proceedings or prospective legal proceedings;
• To establish, exercise, or defend our or a third party’s legal rights, including providing information to others for the purposes of fraud prevention;
• With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personal Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Information;
• With any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition, bankruptcy, liquidation, or similar proceeding, or in preparation for any of these events;
• With any other person or entity where you consent to the disclosure; and
• For any other purpose disclosed by us when you provide the Personal Information or for any other purpose we deem necessary, including to protect the health or safety of others.

Third Party Links

Our website may contain links to other, third-party websites. We do not control third-party websites, their cookies, or have any control over third-party privacy policies. We are not responsible for the privacy policies and practices of third-party websites. Our website may contain social media features or widgets, such as Instagram, Facebook or LinkedIn, and any such social media feature or widget is hosted and controlled by a third-party.

Cookies and Other Tracking Technologies

Cookies are packets of data that are stored by your web browser software on your computer hard drive or other devices and which are used to identify the user (“Cookies”).

We use Cookies to:

• Estimate audience size and usage patterns;
• Gather information in order to understand your preferences for future visits, this allows us to customize our website and our services to your needs;
• Show you advertisements for content that relate specifically to you;
• Collect and compile data about traffic on, and interactions with, our website in order to resolve issues and offer better experiences; and
• Recognize when you return to our website.

How to 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.

Platform Controls

You can opt out of Cookies set by specific entities by following the instructions found at these links:

• Adobe: https://www.adobe.com/privacy/opt-out.html
• Google: https://adssettings.google.com
• Facebook: https://www.facebook.com/about/ads
• LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-optout
• Mixpanel: https://help.mixpanel.com/hc/en-us/articles/360001113426-Opt-Outof-Tracking
• Outbrain: https://my.outbrain.com/recommendations-settings/home

If you decide to make use of these opt-out options please note that you will need to opt-out on every device that you use.

Google Analytics

Please note that we use Google Analytics. Google Analytics uses Cookies and other similar technologies to help analyze how our website and services are being interacted with by users, compile reports on these activities, and provide other services related to activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The information which Google Analytics collects will be sent to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, visit https://policies.google.com/technologies/partner-sites.

“Do Not Track” Signals

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked.

There is not a uniform way that browsers currently communicate this “Do Not Track” signal, therefore our website does not respond to or change its practices when it receives “Do Not Track” signals.

Choices About Your Information

If you would like to opt-out and stop receiving communications from us or if you would like to obtain a copy of the information we have on you, correct any information, delete or restrict the use of any of your Personal Information, please contact us. Note that you may not opt-out of administrative emails (for example, emails about your account, transactions, or policy changes) for your registered account.

Marketing Communications

To unsubscribe from our marketing emails, please click the unsubscribe link included in the footer of our emails.

Children's Policy

Our products and services are marketed to successful businesses. Our products and services are not intended for children under the age of 18. We do not knowingly collect or store information from users under the age of 18.

Policy Changes

The terms of this Privacy & Security Policy are subject to amendment and improvement. If we make changes to this policy, we will post the changes to this website. The continued use of our website will constitute your acknowledgement of any such changes or amendments and your agreement to be bound by the terms.

Security

We maintain reasonable procedures to safeguard your personal and valuable information. The physical security of your information is achieved through network firewalls, data encryption, physical access controls to our office space, and information access authorization controls. You are responsible for ensuring the security of your password(s).

Although we do our best to protect your personal information, no transmission over the Internet, or method of electronic storage, is 100% secure. By providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our website, products, and services. In the unlikely event of a security breach, we will, to the extent required by law, notify you so that you can take appropriate measures.

Notice to California Residents

We comply with the California Consumer Privacy Act of 2018. If you are a California resident and wish to learn more about your privacy protections under this Act, please click here https://oag.ca.gov/privacy/ccpa

Retention of Personal Information

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

Shine the Light Law

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

How To Contact Us

We'd love to hear from you! If you have questions or concerns about this Privacy & Security Policy, please contact us.