Privacy Policy

Fundo LLC a Florida limited liability corporation, together with its applicable subsidiaries, affiliates, third-parties, representatives, assignees, and successors (collectively, “Fundo”, the “Company”, “we”, “us” or “our”) are committed to your personal privacy and your security online. This Policy discloses the privacy practices for the Company’s family of Websites (collectively, the “Site” or “Website”), as well as related products and services we may offer to you (collectively referred to as the “Services”). This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of this Site and our Services.

You acknowledge that this Privacy Policy is designed to be read in connection with the Site Terms of Service, which is available at https://fundo.com/terms-of-service, and that by accessing or using our Site, you agree to be bound by the Site’s terms and conditions, as well as this Policy.

We reserve the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, or by updating any privacy information on this page. Your continued use of the Site and or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by that Policy.

If you have any questions about this Policy, please feel free to contact us at: support@fundo.com.

IMPORTANT: BY USING THE SITE AND/OR OFFERINGS AVAILABLE ON THIS SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.

Information we collect about you

In order to better provide you with the Services relating to your merchant cash advance, we collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information.

Personally Identifiable Information refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Site, such as registering for an account, downloading or purchasing a product or service, submitting content and/or posting content in the user forums, email or SMS/MMS messages, or sending us feedback, we may ask you to provide certain information about yourself.

Examples of PII may include but is not limited to your first and last name, email address, mailing address (including zip code), employer, job title and department, telephone and facsimile numbers, references, date of birth, and other identifying information. When applying for products or services on the Site, you may be asked to provide a debit card number.

Aggregate Information refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol (“IP”) address.

How we collect information

We collect information about you in three ways:

(I) Information You Provide: When you use the Website, including applying for an advance both online and on the telephone, you will generally be required to provide Personally Identifying Information, which may include your e-mail address, name, address, telephone number, date of birth, and Social Security Number, as well as any financial information, which may include, but is not limited to income, employment, and bank account information. You may also have to provide certain documents to verify the information you provide.
(II) Information from Third-Parties: Third parties, such as credit bureaus or credit reporting agencies, may provide us with information about you. We may combine this information with information we already have about you to evaluate your application, to create or offer personalized products and services to you, or for similar purposes.
(III) Information from Your Use of the Website: We may collect additional user behavior information during your use of the website. This may include device information (including, but not limited to your internet protocol address (“IP”)), log information (such as pages visited), location information (such as your geographical location), and other information (such as cookies and anonymous identifiers).

We will retain your information for as long as needed to provide you services or as necessary to comply with our legal obligations and our backup, archival and audit procedures.

How we use information we collect

Our primary use of your information is to administer, maintain and improve your experience on the Website generally as well as provide you with customized personalization services and interactive communications.

When processing certain information on the Website, such as payment information with affiliated banking institutions or payment processors, the transaction is encrypted, using Secure Socket Layer (SSL) encryption technology to encrypt all data entered into our website and ensure the connection is secure. As an additional measure, we also require a 128-bit secure browser for logins and transactions. in order to prevent your PII from being stolen or intercepted.

We primarily use your PII to provide product or service offerings to you. We will also use certain forms of PII to enhance the operation of our Site, improve our internal marketing and promotional efforts, statistically analyze Site use, improve our product and service offerings, and customize our Site’s content, layout, and services. We may use PII to deliver information to you and to contact you regarding administrative notices. Finally, we may use your PII to resolve disputes, troubleshoot problems, and enforce our agreements with you, including our Website Terms of Service, and this Privacy Policy.

When you check the “opt-in” feature on the Website, or if you do not uncheck a pre-checked “opt-in” box, we may from time to time send you e-mails or SMS/Text Communications (collectively and individually referred herein as, “Communication(s)”) regarding our Website, Services, and special promotions. Also, we occasionally may send you direct mail about products or services that we believe may be of interest to you. We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain products or services available on the Site. These may include, but are not limited to the following:

a) to manage, improve, and develop our business;
b) support employment, infrastructure, and management;
c) provide and manage products and services when registering or applying for an account on our Site;
d) entering a sweepstakes or contest sponsored by us or one of our partners;
e) general support for everyday operations, including to meet risk, legal, and compliance requirements
f) signing up for special offers from selected third-parties;
g) sending us an email or SMS/Text message;
h) submitting a form or transmitting other information by telephone or letter;
i) submitting or providing your debit card, banking details, or other payment information when applying or using products and services on the Website or over the telephone. (f) to provide you with products and services, including in determining your eligibility for a merchant cas hadvance;
j) to verify your identity and age as well as to guard against potential fraud;
k) to obtain, with your authorization, third-party data from credit bureaus or others in connection with your application;
l) to personalize your experience using the website;
m) to provide customer service;
n) to enable our service providers to provide you with services, such as funds transfers, billing, payments, and collection activities as needed;
o) to send you regular communications, including information and updates pertaining to your advance as well as news, updates, and related product or service information;
p) to improve our products and services and identify, develop or offer new products and services;
q) for our marketing purposes to offer our products and services to you;
r) to enforce agreements with you;
s) to comply with any court order, law, or legal process, including retaining personal data or responding to any government or regulatory request; and/or
t) to fulfill any other purpose for which you provide it or otherwise give your consent.

We may from time-to-time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. We may also collect or our third-party partners and representatives may use and/or collect, certain Aggregate Information. For example, we may use your IP address to enforce agreements, diagnose problems with our servers, software, to administer the Website and to gather demographic information. Our third-party partners may also provide us with aggregate, but not individual, reports that will tell us how many ads were presented and clicked upon at out Site.

a) Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Company and its business partners. We may also disclose other personal information about you to our business partners, but only if we have obtained your permission to make the disclosure before data collection or before transferring the data.
b) We may, from time to time, offer you the opportunity to receive materials or special offers from third parties. If you want to receive this information, we may (but only with your permission) share your name and e-mail address with them.
c) Under confidentiality agreements, we may match user information with third party data. We also may disclose aggregate demographic and user information and statistics in order to describe our customer base to prospective partners and other third parties, and for other lawful purposes.
d) We may disclose your personally identifiable information without your prior permission in special cases. For example, we may have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating the User Terms and Conditions, or may be causing intentional or unintentional injury or interference to the rights or property of Company or any third party, including other customers. Also, we may disclose or access your personally identifiable information when we believe in good faith that Applicable Law requires disclosure.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Updating information or opt-out of receiving communications

If you change your mind and decide that you no longer want to receive promotional e-mails, SMS/Text Communications, and direct mailings, you may opt-out at any time by simply sending an e-mail request to support@fundo.com. Similarly, if you are not receiving our promotional e-mails, SMS/Text Communications, or direct mailings and wish to receive these materials, you may opt-in at
any time by simply sending an e-mail request to support@fundo.com.

Privacy Policies of company partners

Third-parties that have links on the Website may collect personally identifiable information about you. We are not responsible for the privacy policies or practices of such sites and the practices of these sites are not governed by this Privacy Policy. If you have questions about the privacy policies or practices of a third-party site, you should contact the site administrator or web-master of the specific site. We may from time-to-time partner with other companies to offer co-branded services as well such as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests, or promotions will become the joint property of Company and its business partners. We will maintain your information in accordance with the terms of this Privacy Policy. However, this Privacy Policy does not govern the privacy policies and practices of our business partners. If you have questions about the privacy policies or practices of our business partners, you should contact them directly.

Information we share

We will not sell, trade, or rent your PII to others. We do provide some of our product and service offerings through contractual arrangements made with affiliates, service providers, representatives, partners and other third-parties (herein, collectively and individually referred to as the “Service Partners”). We and our Service Partners may need to use some PII in order to perform tasks between our respective sites, or to deliver products or services to you. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this Site; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.

We will encourage our Service Partners to adopt and promote strong privacy policies. However, the use of your PII by our Service Partners is governed the respective privacy policies of those providers, and is not subject to our control. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other Sites accessible through this Site, including our Advertising and Service Partners, have their own privacy policies and data collection, use and disclosure practices. Please consult each Site’s privacy policy. We are not responsible for the policies or practices of third parties.

Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may also provide Aggregate Information about our customers’ sales, traffic patterns, and related Site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

How we protect your information

At our Site you can be assured that your PII is secure, consistent with current industry standards. We strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:

• We work hard to ensure that the data we collect is reliable, accurate, complete and current. We encrypt all PII, in order to prevent unauthorized parties from viewing such information when it is transmitted to us. We also only keep collected information only for as long as reasonably necessary and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
• We prohibit any unlaw disclosure of Social Security numbers and limit access to Social Security numbers and limit access to PII only to specific employees, contractors and agents who have a reasonable need to come into contact with your information. For example, we may provide members of our technical support team with limited access to your account in order to allow them to troubleshoot problems you may be having with the Site. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
• Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII and safeguard the data, computer files, and documents containing PII from misuse of third-parties. Our secure servers and our data centers are protected by industry standard encryption, and our servers reside behind firewalls and employ high-level password protection.
• Finally, we protect your account security by employing session time-outs, which log you out of the website after a specified period, and by employing secure password practices, including password strength requirements and secure password reset procedures. Your password is not known to any employee or service provider of Fundo. In order to most effectively serve you, credit card transactions and order fulfillment are handled by established third party banking institutions and processing agents (such as PayPal). They receive the information needed to verify and authorize your debit card or other payment information and to process and ship your order.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Cookies and other technologies

Depending on how you use our Site, we may store cookies on your computer or mobile device in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your name to welcome you back to our Site. We may use cookies to perform tasks such as: monitoring aggregate site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the Services we make available to you. However, we do not use cookies to track your browsing behaviors.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.

We may also use various technologies to collect and store non-personally identifiable information when you use the Website. This may include sending one or more cookies or anonymous identifiers to your computer or mobile device, including web beacons, clear GIFs, pixel tags and other means. Fundo may use such technologies or similar technologies to obtain non-personal information from you as an online visitor.

In addition, we may use cookies, among other things, to keep track of any advertisements we may display or to compile aggregate, non-personally identifiable data about website traffic and website interaction so that we can offer better website experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our website visitors. These service providers are not permitted to use information about or from users collected on our behalf, except to help us conduct and improve our business.

Links to third-party websites

Company may provide hyperlinks to other websites maintained by third parties, or Company may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

If a third-party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with Company. In most cases, Company is not even aware that a third-party has linked to the Website. A website that links to the Website: (i) may link to, but not replicate, Company’s Content; (ii) may not create a browser, border environment, or frame Company’s Content; (iii) may not imply that Company is endorsing it or its products; (iv) may not misrepresent its relationship with Company; (v) may not present false or misleading information about Company’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

Your rights

Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

• The right to access. You have the right to request from Company for copies of your personal data. We may charge you a small fee for this service.
• The right to rectification. You have the right to request form our Company to correct any information you believe is inaccurate. You also have the right to request our Company to complete information you believe is incomplete.
• The right to erasure. You have the right to request our company erase your personal data, under certain conditions.
• The right to restrict or object to processing. You have the right to request our company restrict or object to the processing of your personal data, under certain conditions.
• The right to data portability. You have the right to request our Company transfer the data we have collected to another organization, or directly to you, under certain conditions.

Upon making a request, we follow the below operational timelines to respond to you.

• Response: 45 days
• Response extension: 45 days
• Process opt-outs: 15 days
• Completion confirmation: without undue delay
• Response to appeal of denied request: 60 days
• Deletion of sensitive data: 12 hours

If you would like to exercise any of these rights, please contact us by sending an email to support@fundo.com or by mailing a letter to Fundo LLC, 3323 NE 163 rd Street, Suite 509, North Miami Beach, FL 33160.

Children’s online privacy act (“COPA”)

The website is intended for persons 18 years of age and older. We do not knowingly collect personal information from persons under 18 years of age. Accordingly, the provisions of the Children’s Online Privacy Protection Act do not apply to the website. We encourage all parents and guardians to talk to their children about online safety and privacy and to monitor their children’s use of the internet and mobile applications.

Compliance with state and Federal laws

Company makes no representation or warranty that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own risk and are responsible for compliance with Applicable Laws. Company is not responsible for any violation of Applicable Laws. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where Company maintains your Account, or, if Company transfers your Account to another location, where Company then maintains your Account. The Website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Company maintains your Account, or, if Company transfers your Account to another location, where Company then maintains your Account. You further agree to comply with all Applicable Laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

Modifications to this policy

Fundo reserves the right to make changes to this policy at any time and from time to time and by using or accessing the website, you agree that we may modify this policy at any time without prior notice. Any modification is effective immediately upon posting on the website. Your continued use of the website after any modification of this policy indicates your acceptance of the modification and the policy as so modified. You will know if this privacy policy has been modified since your last visit to the website by referring to the last modified date at the end of this page. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.

Informational content disclaimer

THE INFORMATION AND ANY SOFTWARE IS PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. FUNDO LLC.’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). FUNDO LLC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF
BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

How you can contact us

You may email us at support@fundo.com to request access to, update, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you have questions or concerns regarding this policy, please contact us by emailing us at support@fundo.com

This privacy policy was last modified on June 11, 2024