You deserve a better loan experience. We offer the best parts of a SBA loan, but make it faster and more flexible. We’ve lent over $20.2 billion to 135,000 businesses around the world — will yours be next?
135,000 businesses have financed their goals by borrowing
$20.2 billion through Funding Circle
by U.S. News & World Report (April 2019)
2019 Lendlt Fintech award
I needed to find a lender that actually believed in my ability to be a fruitful entrepreneur… now business is booming.Dr. Celina Hatt borrowed $80,000 to open a second veterinary center.
The additional funding at a very reasonable rate definitely helped us get more inventory for our business. I highly recommend for anyone to talk to Funding Circle if they need to get a business loan.Max, January 2019
Funding Circle was created with a big idea: to revolutionize the outdated banking system and secure a better deal for small businesses. We passionately believe that when small businesses succeed, everyone benefits. To help your business thrive, we’ve taken the best parts of an SBA loan — like fixed and affordable once-monthly payments and no prepayment penalties — and created something faster and more flexible. From accountants and jewelers to bakers and filmmakers, we’ve helped thousands of businesses secure the financing they need to grow, create jobs, support local communities, and drive the economy forward.
Questions? Get in touch with our support team.
About
Find out how we’re changing financing to help businesses around the world.
Borrowers’ Bill of Rights
We’ve set the gold standard for responsible business lending.
1 Rates may vary according to term and overall creditworthiness. To see what rate your business may qualify for, apply today at no obligation.
This Privacy Policy has been updated effective January 1, 2023
This privacy policy (this "Privacy Policy") governs the collection, storage, and use of information and data collected by Funding Circle USA, Inc. or any of our U.S. affiliates (collectively, "Funding Circle," "we", "us", or "our"), via our website at www.fundingcircle.com and its subdomains or any other website operated by us that display this Privacy Policy, by our mobile application, or by telephone, facsimile, email, or other means (collectively, and together with our website, "Funding Circle Services").
We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose information and data when business owners, designated agents, or other users of the Funding Circle services (collectively, “you”) use our website or any other Funding Circle Services.
Please read this Privacy Policy carefully. By accessing and using this website or any other Funding Circle Services, you confirm that you have read and understand this Privacy Policy in its entirety. You understand and acknowledge that we reserve the right to change or amend this Privacy Policy at any time, which will be reflected by the "effective" date above. Please check this webpage regularly to stay informed of updates to this Privacy Policy. If any material changes are made to this Privacy Policy, advance notice of the changes will be posted in the first section of this webpage as required by applicable law. You understand that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.
Please also visit our Terms of Use which establish the rules, disclaimers, and limitations of liability governing your use of our website.
Funding Circle collects information when you use Funding Circle Services and supplied by you or your designated agent. When you use or websites or otherwise communicate with us, we may collect personal information that you provide to us, such as your name, date of birth, contact details, and business information.
If you apply for a loan for your business through the Funding Circle Services, we may collect the following types of information during the application process (as applicable):
| Borrowers |
|---|
| Individual and business names |
| Business and home address |
| Phone and e-mail details, including passwords |
| Bank account information |
| Date of birth |
| Social security number, drivers' license, or other government IDs |
| Income, assets, debt, and other personal and business data |
| Other information provided in correspondence with us, including by email, post facsimile, and telephone |
When you use Funding Circle Services, we and our third-party service providers may utilize cookies and other similar technologies (such as web beacons or pixel tags) to capture and remember certain information (collectively, "Technologies"). These Technologies help us to improve your website experience, provide you with better tools, and operate our business in other ways described under the heading "Why do we collect this information" below. You have the ability to disable cookies in your browser settings; however, doing so may affect the functionality of certain features of our website.
Analytics. We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Services, to provide tailored advertising, and to evaluate our marketing efforts. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google's collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. We do not process "do not track" (DNT) signals. For more information on our use of cookies, including instructions on how to opt out, please visit https://www.fundingcircle.com/us/about/cookie-policy/.
You may stop or restrict the placement of tracking technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu, https://youradchoices.ca/choices, and www.aboutads.info/choices. To separately make choices for mobile apps on a mobile device, you can download DAA's AppChoices application from your device's app store. Alternatively, for some devices you may use your device's platform controls in your settings menu to exercise this choice.
Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners' use of this information for interest-based advertising purposes.
When you use Funding Circle Services, we and our third-party service providers may collect device specific information. This information, including but not limited to your internet protocol address, geographical location, browser type, operating system, MAC address, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, length of visit, and pages viewed, is saved automatically in log files. We use the information in these files to improve the functionality of our services and in other ways described under the heading "Why do we collect this information" below.
Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
Information from third parties to process your business loan. In addition to collecting personal information supplied by you or your designated agent, we use unaffiliated third parties to gather data on borrowers and prospective borrowers, from financial institutions, consumer reporting agencies, and other information service providers for purposes described under the heading "Why do we collect this information" below. This information includes the categories of information described above, and also includes:
By using Funding Circle Services and applying for a loan for your business, you acknowledge that our unaffiliated, third-party providers will have the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution or consumer reporting agency, according to the terms of such third-party provider's privacy policy.
Funding Circle may use information we collect about you to:
Important Information About Procedures for Applying a for New Loan
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies the business and each person who owns the business.
What this means for you:
When you apply for a business loan with us, we will ask for information about the owners of your business including their name, address, date of birth and other information that will allow us to identify them. We may also ask to see your driver's license or other identifying documents.
Your information, as collected by or provided to us, may be disclosed by us to the following categories of third parties:
In addition to the disclosures outlined above, we may disclose any information we maintain about you with the following parties:
International Data Transfers. You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.
While we take appropriate physical, technical and organizational measures to safeguard the personal information that you provide to us, unfortunately no system is 100% secure. To the fullest extent permitted by applicable law, we accept no liability if communications are unintentionally disclosed, intercepted by third parties, incorrectly delivered, or fail to deliver.
The personally identifiable information that you provide and that we collect will be stored and maintained by Funding Circle for so long as we, in our sole discretion, believe is necessary or appropriate (a) to carry out the purpose(s) for which such information was collected, in accordance with this Privacy Policy, or (b) to comply with applicable laws, contracts or other rules or regulations.
In accordance with applicable law, you may opt out of receiving marketing emails from us. If you wish to opt out of receiving marketing emails from us, please use the unsubscribe mechanism contained in each of our marketing emails or contact us using the details specified under the heading "Contacting us" below.
Please note that the Fair Credit Report Act (FCRA) requires each of the nationwide credit reporting agencies - Equifax, Experian, and TransUnion - to provide you with a free copy of your credit report, at your request, once every 12 months. For more information, visit https://www.ftc.gov.
Residents of California have additional rights described in the California Consumer Privacy Act Addendum provided below.
Our websites may offer links to sites of other companies and associations. While we monitor the quality of content provided on these sites, these external sites are not subject to this Privacy Policy and we have no control over their content. Please carefully review the policies of these sites before providing any personal information.
We do not knowingly collect personal information from children under the age of 13. Our websites, products, and services are all directed to people who are at least 13 years of age or older.
If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child's account.
If you have any questions regarding this Privacy Policy, you may contact us using the information below.
Address:
Funding Circle USA, Inc.
Attn: Data Protection Officer
707 17th Street, Suite 2200
Denver, CO, USA 80202
USA
Telephone: (855) 385-5356, extension 3 (Mon - Fri, 8:00am – 5:00pm MT)
Email: us_data_request@fundingcircle.com
Pursuant to the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”), we provide this California Consumer Privacy Act Addendum (the “CCPA Addendum”) to California residents (“you”). This CCPA Addendum supplements the information contained in our Privacy Policy (“Privacy Policy”).
This CCPA Addendum does not apply to information we collect about individuals in their capacity as present or former job applicants, employees, contractors, shareholders, directors, or officers of Funding Circle.
Under the CCPA, “Personal Information” is information that identifies, relates to, or could reasonably be linked with a particular individual or household. “Personal Information” does not include publicly-available information, deidentified or aggregated information, or information covered by certain sector-specific privacy laws. “Sensitive Personal Information” refers to information that reveals social security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; contents of mail, email, and text messages unless Funding Circle is the intended recipient of the communication; genetic data; and biometric information.
In the following charts, we identify (1) the categories of Personal Information and Sensitive Personal Information (as listed in the CCPA) that we plan to collect and use, and have collected and used within the preceding 12 months; (2) the categories of recipients to which we have disclosed each category of Personal Information or Sensitive Personal Information for our operational business purposes within the preceding 12 months; (3) the criteria we use to determine the retention period for each category of Personal Information or Sensitive Personal Information; and (4) the categories of Personal Information and Sensitive Personal Information we have sold or shared within the preceding 12 months, as “sale” and “sharing” are defined in the CCPA.
We do not sell Personal Information in the traditional sense of exchanging information for monetary payment. However, because the definitions of “Sale” and “Sharing” under the CCPA are defined broadly, and may include the disclosure of information to certain types of advertising and marketing partners and the disclosure of loan application information to investors and loan partners to facilitate our marketplace lending services, we provide California residents with the right to opt-out of any such Sale or Sharing of their Personal Information. For example, in an effort to provide you with additional business loan options, Funding Circle shares certain details of an application with Loan Partners to determine if the Loan Partner would be able to offer you a business loan. We do not knowingly Sell or Share the Personal Information of anyone under 16 years old.
Category | Examples | Category of Third Parties Information is Disclosed to for Operational Business Purposes | Retention Period Criteria | Sold or Shared? If so, to Which Categories of Third Parties? |
|---|---|---|---|---|
Identifiers | A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers. |
| We use the following criteria to determine the period of time for which we retain each category of Personal Information:
| Yes
|
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) | A name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, or bank account information. |
| See above | Yes
|
Commercial information | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
| See above | Yes
|
Internet or other electronic network activity | Browsing history, search history, information on interaction with an internet website, application, or advertisement. |
| See above | Yes
|
Professional or employment-related information | Current or past job history or performance evaluations. |
| See above | Yes
|
Inferences drawn from other personal information to create a profile | Profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
| See above | Yes
|
Below, we provide this information related to Sensitive Personal Information:
Category | Examples | Category of Third Parties Information is Disclosed to for Operational Business Purposes | Retention Period Criteria | Sold or Shared? If so, to Which Categories of Third Parties? |
|---|---|---|---|---|
Identification numbers | Social security, driver’s license, state identification card, or passport number. |
| We use the following criteria to determine the period of time for which we retain each category of Personal Information:
| Yes
|
Login | Account log-in, financial account, debit card, or credit card number in combination with any required security or access codes, or credentials allowing access to an account. |
| See above | Yes
|
Precise geolocation | Data that is derived from a device and that is used or intended to be used to locate an individual within a geographic area of 1,850 feet. |
| See above | No |
Protected classification characteristics under California or federal law | Age (40 years or older), gender. |
| See above | Yes
|
We obtain the categories of Personal Information listed above (including Sensitive Personal Information) directly from you or from devices on which you use Funding Circle Services, as well as from the following categories of sources: third-party services, publicly-available databases, third-party businesses, investors, financial partners, social networking sites, and other third-party sources.
We use Personal Information (including Sensitive Personal Information) for a variety of business and commercial purposes, as described in our Privacy Policy above.
California residents may make the following types of requests under the CCPA:
You may request that we disclose the following information to you about our collection and use of your Personal Information (including Sensitive Personal Information) over the past twelve (12) months or other CCPA-specified period: (1) the categories of Personal Information we collected about you; (2) the categories of sources from which we collected this Personal Information; (3) the categories of Personal Information that we have sold, shared, or disclosed to third parties, (4) the categories of recipients to whom this information was sold, shared, or disclosed; (5) the business or commercial purpose for selling, sharing, or disclosing Personal Information; and (6) the specific pieces of information we collected about you. You may request information collected about you after January 1, 2022, beyond this twelve (12) month period, subject to applicable law.
You may request that we delete Personal Information that we have collected from you. We may limit or deny your deletion request in certain cases, in accordance with exceptions specified in the CCPA.
You may request that we correct inaccurate Personal Information that we maintain about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.
You may submit a Request to Know, Request to Delete, and/or Request to Correct by emailing us_data_request@fundingcircle.com or at https://fundingcircle.com/us/ccpa/.
We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as business name, business address, business tax identification, number, loan number, and phone number, and additional email addresses, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your Personal Information. If you make a Request to Delete, we may ask you to confirm your request before we delete your Personal Information.
You may opt-out of the Sale or Sharing of Personal Information.
To opt-out of Sale or Sharing, please visit our “Do Not Sell or Share My Personal Information” page https://fundingcircle.com/us/ccpa/.
To make a request as an authorized agent on behalf of a California resident, you may use the submission methods noted above. As part of our verification process, we may request that you provide, as applicable, proof concerning your status as an authorized agent, which also may include proof of your registration with the California Secretary of State to conduct business in California; and/or a power of attorney from the California resident pursuant to Probate Code sections 4121-4130.
If you are making a Request to Know, Request to Delete, or Right to Correct on behalf of a California resident and have not provided us with a power of attorney from the resident pursuant to Probate Code sections 4121-4130, we may also require the resident to verify their own identity directly with us; or directly confirm with us that they provided you permission to submit the Request to Know or Request to Delete.
You have the right to be free from unlawful discriminatory treatment for exercising any of your CCPA rights.
If you have any questions or requests in connection with this CCPA Addendum or other privacy related-matters, please contact us using the information below.
Address:
Funding Circle USA, Inc.
Attn: Data Protection Officer
707 17th Street, Suite 2200
Denver, CO, USA 80202
USA
Telephone: (855) 385-5356, extension 3 (Mon - Fri, 8:00am – 5:00pm MT)
Email: us_data_request@fundingcircle.com
December 5, 2019
As a condition to using Funding Circle’s website, you must agree to the following terms and conditions of use. If you do not agree to these terms and conditions, you should exit this website immediately.
Welcome to Funding Circle’s website. This website is owned and operated by Funding Circle USA, Inc., a Delaware corporation, and its affiliates (Funding Circle,
we,
or us
). By visiting our website at www.fundingcircle.com/us/, including any subdomain thereof, but excluding www.fundingcircle.com/us/invest/, www.fundingcircle.com/us/investors/, and https://investor-portal.us/us/investors1. (the Website
), you acknowledge and agree to accept and adhere to the following terms and conditions as stated in this agreement (hereafter referred to as User Agreement
), along with the terms and conditions as stated in our Privacy Policy. Users
means anyone who accesses or uses the Website or the Resources (defined below).
We reserve the right to change or amend this User Agreement from time to time without notice. All changes shall be effective upon posting. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. We may terminate, suspend, change, or restrict your access to all or any part of the Website without cause, notice, or liability.
You agree to use the Website, including without limitation, the text, data, source code, software, photos, images, information, resources, services, products, tools, and other information (collectively the Resources
), only for the purposes permitted by (a) the terms and conditions of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices and guidelines.
The Website and related services are intended solely for Users who, if natural persons, are eighteen (18) years of age or older, and any registration by, use of, or access to the Website by natural persons under 18 years of age is unauthorized, unlicensed, and in violation of this User Agreement. By using the Website or any related services, you represent and warrant that, if you are a natural person, you are 18 years of age or older, and that you agree to and will abide by all of the terms and conditions in this User Agreement.
Engaging in any activity that disrupts or interferes with the Website or the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Website or the Resources is strictly prohibited.
You understand and agree that, by applying for a loan with Funding Circle, you have provided written instructions
in accordance with the Fair Credit Reporting Act, as amended (FCRA
), for Funding Circle to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you while you are doing business with Funding Circle, and such information may be obtained from Experian Information Solutions, Inc. and/or Dun & Bradstreet, Inc. (Credit Bureaus
) or any other credit reporting company. You understand and agree that, pursuant to such authorization, Funding Circle may access your credit profile, including without limitation, your credit report, credit score(s) and other related information, to, among other things, verify your identity and to provide credit monitoring, credit scoring, credit score monitoring and tracking, or alerts for, among other things, dormant accounts, new accounts, inquiries, other changes to information contained in your credit report. You understand and agree that by applying for a loan, you have provided express consent to receive credit monitoring, credit scoring, credit score monitoring and tracking and/or alerts via SMS text at the number provided in your loan application. You understand and agree that Funding Circle may, from time to time, provide additional products, services, features, and/or functionality to you, and that they shall be offered pursuant to the same authorization you provided Funding Circle for Funding Circle to obtain your credit report and/or credit score(s) on a recurring basis to provide them to you review while you are doing business with Funding Circle.
You further understand and agree that, by applying for a loan with Funding Circle, you have provided written instructions
in accordance with FCRA for Funding Circle to obtain and use the information you have provided, and your credit report(s) and/or scores(s) to notify you of credit opportunities and other products and services that may be available to you through Funding Circle or through unaffiliated third parties. You understand and agree that Funding Circle receives compensation for the marketing of credit opportunities or other products or services through third parties, and that this compensation may impact how and where such credit opportunities, products or services appear on this Website (including, for example, the order in which they appear).
Consent)
Because Funding Circle operates principally on the internet, you will need to consent to receive communications and transact business with us online and electronically. This section informs you of your rights when receiving notices, disclosures, documents, reviews, analyses, information, communications, or other materials (collectively Communications
) from us electronically, including IRS Fform 1099 (An IRS Form 1099 refers to any Form 1099 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may be provided electronically (each, an IRS Form 1099)). By accessing this Website, you certify that you understand the requirements stated herein and consent to transact business electronically. You hereby agree that we may, at our sole discretion, deliver all Communications concerning you, your business, or Funding Circle, including, without limitation, information, required or permitted to be provided to you and/or your business under this User Agreement or any other agreement between you and/or your business and Funding Circle by means of email, posting on the Website, or other means of electronic communication. You will keep us informed of any change in you or your business’s email or mailing address so that you can continue to receive all Disclosures promptly. You have the right to receive a free paper copy of any Communication by contacting us in the manner described below.
You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. However, you acknowledge that we may continue to deliver Communications electronically to you after you withdraw consent that are either 1) relevant to our concluding any transactions that occurred while you were a User, or 2) required by law. Because we operate as an online lending platform, if you withdraw consent while your business has a pending loan application, we reserve the right to terminate that application. The withdrawal of your consent will not affect the legal validity and enforceability of any business transacted between us prior to the time you withdraw your consent, including this User Agreement or any other agreements. Any other further Communications after you withdraw consent, including Communications related to any pending loan applications, will be sent by mail to the business address provided or by other non-electronic means. We may discontinue providing electronic Communications at any time in our sole discretion.
If you withdraw your consent to receive Communications electronically, we will confirm your withdrawal and its effective date in writing by email. As to Communications related specifically to IRS Form 1099, any withdrawal of consent will only take effect for the calendar year in which it is made so long as such withdrawal is made before November 1 of such calendar year. We will subsequently provide IRS Forms 1099 by paper to the mailing address you have provided (as updated).
Any Communications will be provided to you and/or your business electronically either on our Website or via electronic mail to the email address you provide(d). If you require paper copies of such Communications, you may contact us as provided below and a paper copy will be sent to you at no charge. A request for a paper copy of any Communication will not be considered a withdrawal of your consent to receive Communications electronically.
You can contact us via email at support@fundingcircle.com or by calling us toll-free at (877) 226-9058. You may also reach us in writing to us at Funding Circle, 707 17th Street, Suite 2200, Denver, CO, USA 80202, Attention: Compliance.
Withdrawing Consent
Updated Email Addressor
Updated mailing address(as applicable)
Paper Copies
Before you decide to do business electronically with us, you should consider whether you have the following required hardware and software capabilities. To access and retain the Communications electronically, you will need to use a device with an internet connection, an up-to-date browser (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher) capable of opening portable document formats (PDF
), a valid email address that has been provided to Funding Circle, and a printer or an ability to save electronic Communications to your personal computer or device. You acknowledge that you can receive and access electronic Communications in the designated format(s) described herein, or other effective manner. For access and optimal printing of your loan documents in PDF format, please download Adobe Reader (to install the free version of Adobe Reader click here: http://get.adobe.com/reader/otherversions/). If you are accessing our Website electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device’s app store. If your mobile device does not have this functionality, you must access our Website through alternate means that provide you with the ability to print and save the Communications.
You agree to print a copy of this Consent for your records and you agree and acknowledge that you can access, receive and retain all Communications electronically sent via email or posted on the Website.
You hereby expressly consent to be contacted by us in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using automated telephone dialing system or an automated texting system at the telephone number provided by you on this Website, any other number subsequently provided by you, or any number at which we reasonably believe we can reach you (through skip trace, caller ID capture, or other means). You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf, for any purpose in connection with this Website, your application, or your loan. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voicemail, or send one via text. You represent that you are the owner or authorized user of any telephone number you provide. You represent that you are permitted to receive calls and/or messages at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
You understand and acknowledge that your carrier may charge fees for communications via text messaging, internet or telephone. Any and all fees are your sole responsibility. You also understand and agree that consent is not required as a condition of receiving credit.
You may revoke your consent to receive communications via text at any time by calling or texting “STOP” to (415) 612-8339, emailing us at unsubscribe@fundingcircle.com, or contacting us by mail at Funding Circle, 707 17th Street, Suite 2200 Denver, CO, USA 80202, Attention: Compliance.
If you contact Funding Circle (including our agents, representatives, affiliates, third parties, or anyone calling on our behalf) by phone or Funding Circle (including our agents, representatives, affiliates, third parties, or anyone calling on our behalf) contacts you by phone, you agree that we may monitor and/or record the call for purposes including but not limited to quality assurance, training, risk management and/or collection purposes.
Funding Circle may, from time to time, offer discounted rates, reduced fees, discount codes, discount coupons or other such promotional offers (collectively Offers and Promotional Materials
) to certain Users. Unless otherwise required by law or specifically authorized in writing by Funding Circle, such Offers and Promotional Materials are non-transferable. Funding Circle expressly prohibits the reproduction of its Offers and Promotional Materials, unless specifically authorized in writing by Funding Circle.
Please be aware that borrowing money can result in unintended tax consequences for some borrowers in specific cases. Funding Circle disclaims any obligation to prevent or liability caused by additional taxes, destruction of tax benefits, or tax penalties incurred due to an extension of credit from Funding Circle, including, but not limited, to extensions of credit to businesses owned by 401(k) plans, IRA plans, or other retirement plans. It is your obligation to determine potential liabilities and, where needed, consult with your tax advisors.
Funding Circle will be responsible for any compensation owed by it directly to a broker or referral agent in connection with originating your loan. In no case will Funding Circle reimburse Users for any amounts paid or owed by Users to a broker or referral agent related to your loan.
Funding Circle may display certain resources and tools for informational and marketing purposes on the Website. These illustrative items, including but not limited to loan application timelines and estimated payments calculators, may be based on averages or approximations of historical applications, and/or be based on our most creditworthy applicants, and thus are not necessarily indicative of your individual situation. Additionally, these items may be subject to change.
In order to access the Resources, you may be required to provide certain information about yourself and your business (including information about your identity, finances, and business performance) as part of the registration process. You agree that any information you provide will be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Resources. Accordingly, you are responsible for all activities that occur under your account. Accessing (or attempting to access) any of the Website or the Resources by any means other than through the means we provide, is strictly prohibited, and you agree not to access (or attempt to access) the Website or the Resources through any automated or unconventional means without our written consent. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you.
We may provide links to various social media services. You understand that we do not pre-screen or monitor the content posted by Users of the open communication tools on these social media services, and it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools made available on the social media services, you agree that you will not upload, post, share, or otherwise distribute any content that:
We have the right, in our sole discretion, to remove any content that we feel does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. You hereby consent to the removal of any content we may choose to remove, and you consent to waive any claim against us. We are not responsible for any delay or failure in removing any content.
We do not assume any liability or guarantee the accuracy of any content posted by you or any other third party Users. Any content posted by you using any open communication tools on the social media services, provided that it does not violate or infringe on any third party copyrights or trademarks, becomes the sole property of Funding Circle, and as such, gives us exclusive rights to reproduce, modify, adapt, translate, publish, publicly display, and/or distribute as we see fit.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
You agree to indemnify and hold harmless Funding Circle and its affiliates, and each of their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement, your use of the Website or the Resources, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Your privacy is very important to us, which is why we have created a separate Privacy Policy to explain how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of this User Agreement.
The website and resources may contain technical errors typographical mistakes, or other inaccuracies. Funding Circle does not undertake the responsibility to update or amend the website or the resources or to provide support for your use of the website or the resources. Unless otherwise expressed, the website and the resources are provided as-is,
without any warranty and Funding Circle expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, any implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement, or any warranty that the website or the resources are accurate, adequate, or free of viruses or other harmful components.
Furthermore, you understand and agree that:
Under no circumstances will Funding Circle or its affiliates be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive, or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the website, the resources, or any third-party website to which this website is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Funding Circle, its affiliates, or representatives thereof, are advised of the possibility of such damages, losses, or expenses. neither Funding Circle nor its affiliates are liable for any defamatory, offensive, or illegal conduct of any user. your sole remedy for dissatisfaction with this website is to stop using the website. If your use of materials from this website results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that Funding Circle and its affiliates total liability to you for all damages, losses, or causes of action of any kind or nature shall be limited to the amount you paid, if any, for the use of the website.
All content and materials made available by Funding Circle, including, but not limited to, the Website, Resources text, graphics, website name, code, images, and logos are the intellectual property of Funding Circle, its affiliates, or the original creator of the material, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to, the reproduction, distribution, display, or transmission of any content on this Website is strictly prohibited, unless specifically authorized in writing by Funding Circle.
In addition to this User Agreement, you may enter into other agreements with us that will govern your use of the Website or the Resources. If there is any contradiction or conflict between this User Agreement and another agreement you enter into with us applicable to the Website or the Resources, the other agreement shall take precedence in relation to the specific aspects of the Website or the Resources.
If any part, term, or provision of this User Agreement is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected, and the rights and obligations of the parties shall be construed and enforced as if this User Agreement did not contain the particular part, term, or provision held to be illegal or invalid.
You agree that we may, at our sole discretion, limit, suspend, or terminate your access to all or part of the Website and the Resources without notice and cause. Any suspected illegal, fraudulent, or abusive activity is also grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of this User Agreement, your right to access or use the Website and the Resources will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Headings of the articles and sections in this User Agreement are for reference purposes only and shall not be deemed to have any substantive effect.
This User Agreement shall be construed and governed in accordance with the laws of the State of California (or if You are a resident of South Dakota, the laws of South Dakota shall apply), excluding conflicts of law provisions. Any action relating to this User Agreement shall be brought in the federal or state courts located in the City and County of San Francisco, California USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Maine Residents
As detailed in the standard loan agreement between Funding Circle and borrowers, as a condition of funding, we require that a borrower has in place certain insurance policies to protect its business. You may purchase the required insurance through any insurance agency or broker and from any insurance company.
Ohio Residents
The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
If you have questions regarding this User Agreement or the Website, please contact us by e-mail at support@fundingcircle.com.
1www.fundingcircle.com/us/invest and all subdomains thereof are governed by the separate Investor Terms and Conditions
