This Privacy Policy shall be effective for all customers on January 1, 2020.
Last Updated: April 24, 2020

This website is owned and operated by Liberty SBF Holdings, LLC. (“Liberty”). We at Liberty respect and protect the privacy of visitors to our websites, and the privacy of our customers. This Privacy Policy describes our information handling practices when you access our services, which include our content located on this website, or any other websites, pages, features, or content we own or operate (collectively, the “Site(s)”) or third party applications relying on API, and related services (referred to collectively hereinafter as “Services”). This Privacy Policy applies to the information we collect through the Liberty websites and otherwise. Your use of the Liberty websites and our services is subject to this Privacy Policy and the Terms of Use.

Please know that the Terms of Use contain a binding arbitration clause and class action waiver that impact your rights about resolving disputes. If you live in the United States, such provisions are binding on both you and Liberty. Please read the arbitration clause and class action waiver contained in the Terms of Use carefully. If you disagree or are uncomfortable with the Terms of Use, or this Privacy Policy, please discontinue your use of our website and related services, otherwise, you will have consented to our continued adherence to this Privacy Policy and the Terms of Use.

Please take a moment to read this Privacy Policy carefully. If you have any questions about this Policy, please submit an email detailing your questions or concerns to info@LibertySBF.com.

This website, and all other Liberty websites (collectively, the “Websites”) are general audience sites and we do not knowingly collect personal, or other, information from children under the age of 18. If you are under the age of 18, please do not use our site. If we suspect that information provided to us is, in fact, personal information of an individual younger than 18 years of age, such information will be deleted, aggregated, or anonymized as soon as possible. Please notify us if you know of any individuals under the age of 18 using our services so we can take action to prevent access to our services.

We respect and value the privacy of our clients and have developed this Privacy Policy to demonstrate our commitment to protecting your privacy. This policy describes and sets forth our policies on the following topics:

1. Acceptance of this Privacy Policy
By accessing and using our Services, you signify acceptance to the terms of this Privacy Policy. Where we require your consent to process your personal information, we will ask for your consent to the collection, use, and disclosure of your personal information as described further below. We may provide additional “just-in-time” disclosures or information about the data processing practices of specific Services. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your data.
If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of our Services.

2. Information and Data
Personal information is data that identifies relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.

A. Information you provide to us:
To access our Services, we’ll ask you to provide us with some important information about you or your business. This information is either required by law (e.g. to verify your identity), necessary to provide the requested services (e.g. you will need to provide three (3) months of bank statements), or is relevant for certain specified purposes, described in greater detail below. As we add new features and Services, you may be asked to provide additional information.

Please note that we may not be able to serve you as effectively or offer you our Services if you choose not to share certain information with us. Any information you provide to us is voluntary.

B. Information we collect:
Personal Identification Information: Full name, date of birth, nationality, gender, signature, utility bills, photographs, phone number, home address, IP Address, social security number, and/or email.

Formal Identification Information: Government issued identity document such as Passport, Driver’s License, National Identity Card, State ID Card, Tax ID number, passport number, driver’s license details, national identity card details, visa information, and/or any other information deemed necessary to comply with our legal obligations.

Institutional Information: Employer Identification number (or comparable number issued by a government), proof of legal formation (e.g. Articles of Incorporation), personal identification information for all material beneficial owners.
Financial Information: Bank account information, Tax return information, Federal and State Tax ID, Profit and Loss Statements, Income statements, Credit Score, Business Invoices, and Wire Instructions.

Transaction Information: Information about the transactions you make on our Services, such as the name of the recipient, your name, the amount, and/or timestamp.

Employment Information: Office location, job title, and/or description of role.

Correspondence: Survey responses, information provided to our support team or user research team.

Business Information: Type of business, list of officers, members, or managers of the business, articles of incorporation, certificates of good standing, and ownership structure.

The documents and information collected are securely stored and safeguarded. By voluntarily providing this information to access our Services, you provide your, permission to share these documents with certain lenders who will use the same care in securely storing and safeguarding that information.

C. Information we collect from you automatically
We receive and store certain types of information automatically, such as whenever you interact with the Sites or use the Services. This information helps us address customer support issues, improve the performance of our Sites and applications, provide you with a streamlined and personalized experience, and protect your account from fraud by detecting unauthorized access. Information collected automatically includes:

Online Identifiers: Geo location/tracking details, browser fingerprint, operating system, browser name and version, and/or personal IP addresses.

Usage Data: Authentication data, security questions, click-stream data, public social networking posts, and other data collected via cookies and similar technologies.

For example, we may automatically receive and record the following information on our server logs:

• How you came to and use the Services;
• Device type and unique device identification numbers;
• Device event information (such as crashes, system activity and hardware settings, browser type, browser language, the date and time of your request and referral URL);
• How your device interacts with our Sites and Services, including pages accessed and links clicked;
• Broad geographic location (e.g. country or city-level location); and,
• Other technical data collected through cookies, pixel tags and other similar technologies that uniquely identify your browser.
  
  We may also use identifiers to recognize you when you access our Sites via an external link, such as a link appearing on a third-party site.

D. Information collected from third parties
From time to time, we may obtain information about you from third party sources as required or permitted by applicable law. These sources may include:

Public Databases & ID Verification Partners: We obtain information about you from public databases and ID verification partners for purposes of verifying your identity in accordance with applicable law.

Credit Bureaus: With your consent, we obtain information from credit bureaus, including your credit report. However, we will not disclose your credit report without your explicit permission. We obtain your credit information to better provide services to you, to match you with appropriate lenders, to ensure your identity, and to avoid fraud.

Financial Institution: With your consent, we obtain information directly from your financial institution, including copies of your account statements.

Joint Marketing Partners & Resellers: For example, unless prohibited by applicable law, joint marketing partners or resellers may share information about you with us so that we can better understand which of our Services may be of interest to you.

Advertising Networks & Analytics Providers: We work with these providers to provide us with de-identified information about how you found our Sites and how you interact with the Sites and Services. This information may be collected prior to account creation.

E. Data Anonymization and Data Aggregation
Anonymization is a data processing technique that removes or modifies personal information so that it cannot be associated with a specific individual. Except for this section, none of the other provisions of this Privacy Policy applies to anonymized or aggregated customer data (i.e. information about our customers that we combine together so that it no longer identifies or references an individual customer).

Liberty may use anonymized or aggregate customer data for any business purpose, including to better understand customer needs and behaviors, improve our products and services, conduct business intelligence and marketing, and detect security threats. We may perform our own analytics on anonymized data or enable analytics provided by third parties.

Types of data we may anonymize include, transaction data, click-stream data, performance metrics, and fraud indicators. Moreover, should you request that your information be deleted in accordance with the policies set forth more fully below, your information will be anonymized or aggregated, which complies with applicable law regarding deletion of personal information.

3. How we collect your information
Log Files: Any time you visit any of our websites, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. For example, we may log your IP address for system administration purposes. IP addresses are logged to track a user´s session. This gives us an idea of which parts of our site users are visiting. We do not share the log files externally.

Cookies: We use “cookies” to keep track of some types of information while you are visiting our website or using our services. Cookies are very small files placed on your computer, and they allow us to count the number of visitors to our website and distinguish repeat visitors from new visitors. They also allow us to save user preferences and track user trends. We rely on cookies for the proper operation of our website; therefore, if your browser is set to reject all cookies, the website will not function properly. Users who refuse cookies assume all responsibility for any resulting loss of functionality. We do not link the cookies to any personally identifiable information.

Web Beacons: ”Web beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize our website for our users and to collect a limited set of information about our visitors. We may also use web beacons in email communications in order to understand the behavior of our customers. We do not link the web beacons to any personally identifiable information.

Sign-Up Information: To process sign-ups, we may require your name, address, phone number, email address and other personal information. Such information is used primarily to process your order or as otherwise described herein. This is information you provide to us.

Application: To access our services, we require your name, address, phone number, email address, and other personal information. We also require, among other information, the name of your business, its address, its federal and state tax ID, the type of business, business location, state of incorporation, and purpose of the loan.

E-mails and Telephone Calls: We require an e-mail address from you when you register for our services. We use your e-mail for both transactional and promotional (e.g., newsletters, new product offerings, event notifications, special third-party offers) purposes. E-mail messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. If you would rather not receive promotional e-mails from us, please see the section below labeled “Choice/Opt-Out”. We reserve the right to send you certain communications relating to the Liberty services, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. We may also contact you by telephone or text message (including to any wireless number you may provide to us) solely in connection with Liberty’s services. If you would rather not receive telephone calls or text messages from us, you may change or delete your number from your account preferences page(s) or ask to be removed from our contact list if you receive a call or text message from us.

Other Sources. We may obtain information about you from third parties such as credit reports. We do not pull a credit report without your permission.

4. How we use your information
Our primary purpose in collecting personal information is to provide you with a secure, smooth, and efficient experience. We generally use personal information to create, develop, operate, deliver, and improve our Services, content and advertising.

We may use this information in the following ways:

1. As required under applicable law or in accordance with our partner, to maintain legal and regulatory compliance. Our Services may be subject to laws and regulations requiring us to collect, use, and store your personal information in certain ways. We may use third parties to verify your identity by comparing the personal information you provide against third-party databases and public records. When you seek to associate a bank account with your Liberty services, we may require you to provide additional information which we may use in collaboration with service providers acting on our behalf to verify your identity or address, and/or to manage risk as required under applicable law. If you do not provide this personal information, we reserve the right to not perform the services.
2. To enforce our terms in our user agreement and other agreements. Liberty handles sensitive information, such as your identification and financial data, so it is very important for us and our customers that we actively monitor, investigate, prevent, and mitigate any potentially prohibited or illegal activities, enforce our agreements with third parties, and/or prevent and detect violations of our posted user agreement or agreements for other Services.
3. To detect and prevent fraud. We process your personal information in order to help detect, prevent, and mitigate fraud and abuse of our services and to protect you against account compromise or information loss.
4. To provide Liberty’s Services. We process your personal information to provide the Services to you. For example, when you wish to seek a loan from Liberty SBF or one of our lending partners, we require certain information such as your identification, contact information, and income information. We cannot provide you with Services without such information.
5. To provide Service communications. We send administrative or account-related information to you to keep you updated about our Services, inform you of relevant security issues or updates, or provide other transaction-related information. Without such communications, you may not be aware of important developments relating to your relationship with us that may affect how you can use our Services. You may not opt-out of receiving critical service communications, such as emails or mobile notifications sent for legal or security purposes.
6. To provide customer service. We process your personal information when you contact us to resolve any questions, disputes, collect fees, or to troubleshoot problems. Without processing your personal information for such purposes, we cannot respond to your requests and ensure your uninterrupted use of the Services.
7. To ensure quality control. We process your personal information for quality control and staff training to make sure we continue to provide you with accurate information. If we do not process personal information for quality control purposes, you may experience issues on the Services.
8. To ensure network and information security. We process your personal information in order to enhance security, monitor and verify identity or service access, combat spam or other malware or security risks and to comply with applicable security laws and regulations. The threat landscape on the internet is constantly evolving, which makes it more important than ever that we have accurate and up-to-date information about your use of our Services. Without processing your personal information, we may not be able to ensure the security of our Services.
9. For research and development purposes. We use such information to customize, measure, and improve Liberty’s Services and the content and layout of our website and applications, and to develop new services.
10. To facilitate corporate acquisitions, mergers, or transactions. We may process any information regarding your account and use of our Services as is necessary in the context of corporate acquisitions, mergers, or other corporate transactions. You have the option of closing your account if you do not wish to have your personal information processed for such purposes.
11. To engage in marketing activities. Based on your communication preferences, we may send you marketing communications (e.g. emails or mobile notifications) to inform you about our events or our partner events; to deliver targeted marketing. Our marketing will be conducted in accordance with your advertising marketing preferences and as permitted by applicable law.
12. For any purpose. We may disclose your personal information for any purpose you consent to.
13. Disclosure of your information to third parties. (i) Disclosure By Law: You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law) and (2) protect or defend Liberty’s, or a third party’s, rights or property. (ii) Lenders and/or brokers. By signing up for our services or submitting a request for a business loan product or service as offered on the Websites, you signify your agreement to proceed and that you are consenting, acknowledging and agreeing to the disclosure of you information with lenders and/or brokers within our network. We will not perform a credit check without your authorization. Please be aware that the lenders, brokers, and/or other service providers with whom you are matched and with whom your information is shared may retain your information, even if you do not enter into an agreement for their products or services. Please contact each such party directly regarding their privacy and information policies. Also, if you enter into an agreement with a lender, broker, or other service provider through the Liberty service and make changes to the information you have provided to us, we may share the updated information with such lenders, brokers, and/or service providers. (iii) Disclosure to Trusted Third Parties By Us: Upon completing an application, we will share your information with third party service providers with whom you are matched. By accepting the Terms of Use, you agree to receive various marketing materials from our trusted third parties, including potential lenders and service providers. We are not responsible for the material of the third parties or their actions. Your information may also be shared with third-party contractors that provide services to Liberty and are bound by this privacy policy. Your information will be treated as private and confidential by such third parties and not used for any other purpose than we authorize. In addition, from time to time, we may share personal information (such as e-mail or mailing address) about our user base with carefully selected third parties, so they can offer goods and services that we believe may be of interest to our users. If you do not wish to receive offers from our trusted partners, you can change your e-mail preferences at any time by following the steps outlined in the “Choice/Opt-Out” section below. (iv) Service Providers. With service providers under contract who help with parts of our business operations. Our contracts require these service providers to only use your information in connection with the services they perform for us and prohibit them from selling your information to anyone else. Examples of the types of service providers we may share personal information with (other than those mentioned above) include: Network infrastructure; Cloud storage; Payment processing; Transaction monitoring; Security; Document repository services; Customer support; Internet (e.g. ISPs); Data analytics; Information Technology; Marketing. (v) Other Companies. With companies or other entities that we plan to merge with or be acquired by. You will receive prior notice of any change in applicable policies. (vi) Professionals. With our professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services in order to complete third party financial, technical, compliance and audits of our operations or otherwise comply with our obligations. By disclosing your information to us through signing up on any of the Websites and agreeing to the Terms, you expressly consent to any transfer of your information as described in this Privacy Policy, the Terms, and the Site.
14. Information obtained from third parties. We purchase marketing data about our customers from third parties and combine it with information we already have about you, to create more tailored advertising and products. If you provide information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us. Any information obtained from a third-party will be used to assist matching your business with various lenders.
15. Third Party sites and services. If you authorize one or more third-party applications to access your Liberty Services, then information you have provided to Liberty may be shared with those third parties. Unless you provide further authorization, these third parties are not allowed to use this information for any purpose other than to facilitate your transactions using Liberty Services. Please note that third parties you interact with may have their own privacy policies, and Liberty is not responsible for their operations. Information collected by third parties, which may include such things as contact details, or other personal information, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties. As applicable, personal information collected to comply with our legal obligations under financial, consumer protection, and commercial credit laws may be retained after you cease your Services for as long as required under such laws. Contact Information such as your name, email address and telephone number for marketing purposes is retained on an ongoing basis until you unsubscribe. Thereafter we will add your details to our suppression list to ensure we do not inadvertently market to you. Recording of our telephone calls with you may be kept for a period of up to six years. Information collected via technical means such as cookies, webpage counters and other analytics tools is kept for a period of up to one year from expiry of the cookie.
16. Privacy Rights. Except as provided for under applicable law, Liberty has absolute discretion in providing you with the below. (i) Access and portability. You may request that we provide you a copy of your personal information held by us. This information will be provided without undue delay subject to a potential fee associated with gathering of the information (as permitted by law), unless such provision adversely affects the rights and freedoms of others. (ii) Rectification of incomplete or inaccurate personal information. You may request us to rectify or update any of your personal information held by Liberty that is inaccurate. (iii) Erasure. You may request to erase your personal information, subject to applicable law. If your relationship with Liberty Account ceases, we will mark your account in our database as “Closed,” but will keep certain information, in our database for a period as described above. This is necessary to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by ceasing their relationship with Liberty SBF. (iv) Withdraw consent. To the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of Liberty’s processing based on consent before your withdrawal. (v) Restriction of processing. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law. (vi) Automated individual decision-making, including profiling. Liberty relies on automated tools to help determine whether a transaction presents a fraud or legal risk. (vii) How to make a privacy request. You can make privacy rights requests relating to your personal information by contacting us at info@LibertySBF.com. When we receive an individual rights request via other intake methods, we may take steps to verify your identity before complying with the request to protect your privacy and security. (viii) How to lodge a complaint. If you believe that we have infringed your rights, we encourage you to contact us at info@LibertySBF.com.
17. California Specific Privacy Rights. If you are a California resident, you have the right to request information from us regarding whether we share certain categories of your personal information with third parties for the third parties’ direct marketing purposes. To the extent we share your personal information in this way, you may receive the following information: (a) the categories of information we disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and (b) the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed. Effective January 1, 2020, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights in relation to their personal information, subject to limited exceptions. Any terms defined in the CCPA have the same meaning when used in this California Privacy Rights section. For personal information collected by us during the preceding 12 months that is not otherwise subject to an exception, California residents have the right to access and delete their personal information. Liberty will not discriminate against those who exercise their rights. Specifically, if you exercise your rights, we will not deny you services, charge you different prices for services or provide you a different level or quality of services. To the extent we sell your personal information to third parties, you also have the right to request that we disclose to you: (i) the categories of your personal information that we sold, and (ii) the categories of third parties to whom your personal information was sold. You have the right to direct us not to sell your personal information. Please note that the only time personal information is sold is when you decide to apply for, and fund, business loans through the Liberty marketplace. Otherwise, your information is maintained by Liberty, but is not sold. Should Liberty engage in any of the activities listed in this section, your ability to exercise these rights will be made available to you in your account settings. You can exercise your rights by contacting us at info@LibertySBF.com, by contacting customer service at (855) 853-6346, or by filling out this online form so that we may consider your request. If you are a California resident, you may designate an authorized agent to make a request to access or a request to delete on your behalf. We will respond to your authorized agent’s request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf, or submit evidence you have provided them with power of attorney pursuant to California Probate Code section 4000 to 4465. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf, or are unable to verify their identity.
18. Security. We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. These measures include administrative access to site data, as well as other proprietary security measures. We will exercise reasonable care in providing secure transmission of information between your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure. For further information, please see our Terms of Use. In the event there is a data breach at Liberty, Liberty will notify you within 60 days. We will notify you that a breach occurred, what type of information was breached, when the breach occurred, what steps you can follow to further protect your information, what actions we are taking regarding the breach and what steps we are taking to ensure the breach does not happen again. Do not share your account information with any other individual as this is sensitive and sharing this information may lead to additional exposure to your account.
19. Choice/Opt-Out. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instruction included in these emails or you can contact us at info@LibertySBF.com. You can choose not to provide us with certain information, but this will likely result in the inability to use certain features of the Websites and to obtain the services you are seeking. As a general matter, do not post personal information on public forums. You are solely responsible for the posting of any personal information on public forums. Certain federal and state regulations may require that we maintain a record of your information for certain periods of time. Due to these regulations, we may be unable to completely delete your information from our database until the time requirements of these regulations have expired.
20. Special notice to Vermont residents. Vermont law places additional limits on sharing information about Vermont residents so long as they remain residents of Vermont. In accordance with Vermont law, we will not share information we collect about Vermont residents to companies outside of Liberty except: (1) As permitted by law; (2) To companies that perform marketing or other services on our behalf; (3) Name, contact and transaction information to other financial institutions with which we have joint marketing agreements; or (4) With the authorization or consent of the Vermont resident as outlined herein. We also will not share non-transactional information about Vermont residents received from others within the Liberty family of companies except with the authorization or consent of the Vermont resident.
21. Changes to this Privacy Policy. We may modify this Privacy Policy from time to time which will be indicated by changing the date at the top of this page.
22. Notification of Privacy Policy Changes. We may update this privacy policy to reflect changes to our information practices. We encourage you to periodically review this page for the latest information on our privacy policy. When we make changes to this Privacy Policy, we will revise the revision date at the top of the Privacy Policy.
23. Contact Information. You can contact us about this privacy policy by writing or email us at the address below: Liberty, Inc., 1500 JFK Boulevard, Suite 250, Philadelphia, PA 19102