Privacy Policy

Encina Business Credit, LLC Website Privacy Policy

Last Updated: May 19, 2021

Encina Business Credit, LLC (“Encina”) takes the privacy and security of personal information very seriously. As such, we have prepared the following Privacy Policy (including the California Privacy Addendum) to provide you with information about how your data is collected, used, shared, transferred, and protected as a result of your interaction with encinabc.com (the “Site”) or otherwise in connection with seeking a commercial line of credit from Encina (the “Services”). By using the Site or Services, you agree to the following Privacy Policy. If you disagree with any of the provisions described below, your remedy is to stop using the Site or Services immediately.

NOTICE FOR CALIFORNIA RESIDENTS: Effective January 1, 2020, pursuant to the California Consumer Privacy Act of 2018, as amended, if you are a California resident, you may have certain additional rights. Please view the California Privacy Addendum below, for a description of those rights and how California residents may exercise them. 

Information Collection

As discussed in the Terms of Use, although the purpose of the Site and Services is for use by businesses, and the Site and Services are not intended for use by individuals in their personal capacity, Encina may collect personal information incidentally in the course of business.

When you interact with the Site or Services, including submitting an inquiry though the “Contact Us” page on the Site, we may ask you to provide your name, company name, e-mail address, phone number, city and state. It is your decision to use the Site or Services, and, as such, any provision of this personal information is completely voluntary. 

In order to access information regarding a commercial line of credit, you may be required to provide your name, company name, e-mail address, phone number, city, state, financing objective, annual revenue, and information regarding your desired loan amount. In the process of seeking a commercial line of credit, you may be required to provide certain personal information consistent with an industry standard background check, including Social Security number, date of birth, home address or employment information. Again, we note that it is your decision to use the Site or Services and to access information regarding a commercial line of credit. 

We also may receive personal information regarding current or prospective clients or their personnel from a third party, including in connection with the diligence and line of credit approval and documentation process. Such personal information includes name and address histories, media publications, civil, criminal, sex offender, tax lien, judgement, UCC filing, counter recorder, consumer credit report, Federal excluded parties and international fraud and politically exposed persons records.  We also collect certain other information such as your browsing history on the Site, the length of time spent on certain pages, the website Uniform Resource Locator (“URL”) from the website you were visiting before coming to this Site, which URL you next visit, device type, what browser you are using, Internet service provider, date/time of visit information, operating system, and your Internet Protocol (“IP”) address.

Information Use

We will use the personal and other information to:

  • provide you with the Site or Services;
  • provide you with an offer for commercial line of credit;
  • respond to your requests;
  • communicate with you;
  • provide you with offers and promotions that we feel may be of interest; 
  • conduct statistical analysis of the Site;
  • troubleshoot service issues or interruptions;
  • update and improve the Site or Services; 
  • understand the demographics of our users and their browsing habits; and
  • serve you with promotional messages and advertisements, both while you are on the Site and after you leave our Site and continue to browse online. 

Cookies

Cookies are small files that are sent to and stored in your computer by the websites you visit. Cookies are stored in your browser’s file directory. Cookies may be stored only for the time you are in a given site or they may remain stored in your browser for a defined period of time beyond your current session. Cookies work in combination with content within the website itself, to capture and remember information. To learn more about these technologies and how they work, please see www.allaboutcookies.org. We use cookies and other similar technologies (such as web beacons and pixels) to collect and process information.  In addition, some of our third-party service providers may use their own cookies, anonymous identifiers or other tracking technology in connection with the services that they perform on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off or delete all cookies. You can review the options available to manage cookies in your browser. One option is to disable, delete or turn-off, all cookies. If you turn cookies off, you may not be able to browse the Sites. If you disable or delete certain kinds of cookies, some aspects of our Sites may not function properly or as well. Please note that our Site and systems do not recognize browser “Do Not Track” signals.

Information Sharing

We share personal information with the following entities and/or for the following reasons:

  • Affiliates/Partners. We may share (and in the past twelve months, we have shared each category of) your personal information with affiliates or with partners for the purpose of providing you with offers for commercial lines of credit. In the event that we enter into such a partnership, we may share your personal information with those partners. If we share personal information, we will require that such partners use the personal information for the limited purpose for which we provide it, maintain reasonable security measures for the protection of such information, and comply with the provisions as outlined in this Privacy Policy. 
  • Service Providers. We may share (and in the past twelve months, we have shared each category of) your personal information with third-party service providers to assist us in providing the Site or Services to you, including service providers that host our databases, infrastructure, or provide other cloud-based services; assist us with communicating with you on the Site or otherwise in connection with the Services; provide analytics services to help us understand the activity on the Site; and assist us with the financial, regulatory and legal aspects of our business.
  • Law Enforcement. Occasionally we may be required by law enforcement or judicial authorities to provide personal information. We will disclose personal information upon receipt of a court order, subpoena, warrant, or other legal process to the extent necessary to meet legal, national security, public interest, or law enforcement obligations. We fully cooperate with law enforcement agencies in identifying those who use our Site or 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.
  • Business Transactions. We may share (and in the past twelve months, we have shared each category of) your personal information with actual or potential acquirors or other parties to a transaction in the event of an asset sale, spin-off, merger or similar corporate transaction involving us or one of our business units.  We will require that such purchasers continue to comply with the provisions as outlined in this Privacy Policy.

We utilize Google Analytics to capture and analyze visits and traffic to the Site. Google Analytics collects information about your visit to the Site, any referral website, the type of web browser and operating system you are currently using, and your network location and IP address. The information collected by Google Analytics is anonymous and aggregated. We reserve the right to use this information for any lawful business purpose, including selling or sharing the aggregated and anonymized data collected by Google Analytics. We may also use this aggregated and anonymized data to analyze trends or seek third party advertisers.  

We may also share non-personal information with select third parties, such as our advertisers, for purposes of serving you with customized promotions. If you would like to learn more about the sharing of non-personal information for purposes of providing customized advertisements or promotions, please visit http://www.aboutads.info/consumers/.

Your Choices

You may have choices when it comes to the collection, use, and sharing of your personal information. You may choose to “unsubscribe” from e-mail marketing communications, or you can contact us using the contact information below to be removed from our e-mail marketing lists. 

Links to Third Party Sites

Encina is not responsible for the collection, use, or sharing of your personal information once you leave our Site and follow a link to a third-party website. Please consult each linked website’s privacy policy for a description of how the website collects, uses, and shares your information.

Children’s Information

The Site and Services are not intended for children under the age of 13 years old. We do not knowingly collect information from children under the age of 13. If we discover that we have information from a child under the age of 13, we will delete it immediately. If you believe that a child under the age of 13 may have provided his or her information to us, please contact us using the contact information below.

Cross-Border Transfer of Data

We are located in the United States. If you are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States; in particular, the United States may not provide the same level of protections as those in your own country. By using the Site or Services or providing your personal information to Encina, you are transferring your information to the United States, and you consent to the transfer, retention, and processing of such data in the United States. If you do not agree with such transfer, retention and processing in the United States, please do not use the Site or Services.

Security

We understand the importance of information security and will take reasonable measures to protect the security and confidentiality of your information. Please understand that no measures can guarantee 100% security.

Changes to this Privacy Policy

We reserve the right to make changes to this Privacy Policy (including the California Privacy Addendum). We will post changes directly to this Privacy Policy, so it is your responsibility to check back here from time to time to review this Privacy Policy. If we make a material change in the type of information we collect or its use, we will provide advance notice of such change, and obtain your consent for the new collection or use, as required by law.

California Privacy Addendum

Last revised on, and effective as of: May 19, 2021

  1. Overview of California Privacy Rights. This document (this “California Privacy Addendum”) (i) describes the rights of California residents (“Consumers”) under the California Consumer Privacy Act of 2018 (as amended, the “CCPA”) and (ii) explains how Consumers may contact us to exercise those rights. This California Privacy Addendum supplements our Privacy Policy and applies only to the personal information of Consumers. In the event of any inconsistency or conflict of any kind between the provisions of this California Privacy Addendum and the provisions of our Privacy Policy or any other policy, statement or notice of ours, this California Privacy Addendum shall control as to Consumers and their rights under the CCPA.

For purposes of this California Privacy Addendum, the term “personal information” shall have the meaning set forth in the CCPA. Other terms defined in the Privacy Policy that are not defined in this California Privacy Addendum shall have the meaning given to them in the Privacy Policy.

  • Consumer Rights. This section describes certain rights of Consumers under the CCPA. For information on how Consumers may contact us to exercise these rights, please see the section below entitled, “How to Submit a Request”.
  1. Right to Know. A Consumer has the right to request that a business disclose what personal information it collects, uses, discloses or sells with respect to such Consumer. Specifically, a Consumer may request that a business that collects personal information about the Consumer disclose to the Consumer the following:
  2. The categories of personal information it has collected about that Consumer
  3. The categories of sources from which the personal information is collected
  4. The business or commercial purpose for collecting or selling personal information
  5. The categories of third parties with whom the business shares personal information
  6. The specific pieces of personal information it has collected about that Consumer

A Consumer may request that a business that sells the Consumer’s personal information, or that discloses it for a business purpose, disclose to that Consumer:

  • The categories of personal information that the business collected about the Consumer
  • The categories of personal information that the business sold about the Consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold
  • The categories of personal information that the business disclosed about the Consumer for a business purpose
  • Right to Request Deletion. A Consumer has the right to request that a business delete any personal information about the Consumer which the business has collected from the Consumer. If it is necessary for us to maintain the personal information for certain purposes, we are not required to comply with a Consumer’s deletion request. If we determine that we will not delete your personal information when you request us to do so, we will inform you and tell you why we are not deleting it.
  • Right to Opt-Out of Sale of personal information. A Consumer has the right to direct a business that sells personal information about the Consumer to third parties not to sell the Consumer’s personal information. We do not sell any personal information of Consumers.
  • No Discrimination. A Consumer has the right not to be discriminated against because the Consumer exercised any of its rights under the CCPA.
  • How to Submit a Request. To exercise the rights described above in this California Privacy Addendum, you must submit a verifiable Consumer request to us by contacting us at 312-858-9212  or by emailing us at jlinstrom@encinabc.com and providing the requested information.

You may submit a request as frequently as you would like, but we are not required to respond to requests to provide personal information to you more than twice in any 12-month period.

To submit a verifiable Consumer request, you will be asked to provide certain information to help us verify your identity, including your name, email address, phone number or information regarding your previous interactions with us. The information we ask you to provide to initiate a request may differ depending upon the type of request; the type, sensitivity and value of the personal information that is the subject of the request; and the risk of harm to you that may occur as a result of unauthorized access or deletion, among other factors. As required by the CCPA, in response to a Consumer request, we will never disclose a Consumer’s social security number, driver’s license number or other government-issued identification number, financial account number, account password, or security questions and answers, as applicable.

You may make a verifiable Consumer request on behalf of your minor child. You may also designate an authorized agent to make a request on your behalf. If you designate an authorized agent to make a request on your behalf, we reserve the right to require verification of your authorized agent’s identity and authority, which may include, among other things, a requirement that your authorized agent provide us with (i) your written authorization permitting the authorized agent to submit a request on your behalf or (ii) a duly executed power of attorney permitting the authorized agent to submit a request on your behalf. If we cannot verify your identity or authority to make the request, we will not be able to comply with your request. We will inform you if we cannot verify your identity or authority. We will only use personal information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.

  • Sales of Personal Information. We do not sell, and have not sold in the 12 months prior to the effective date of this California Privacy Addendum, personal information about Consumers.
  • Disclosure of Personal Information for a Business Purpose. We have disclosed personal information about Consumers for a business purpose in the 12 months prior to the effective date of this California Privacy Addendum. In particular, we have disclosed the following categories of personal information about Consumers for a business purpose in the 12 months prior to the effective date of this California Privacy Addendum: name, company name, e-mail address, IP address, mailing address, phone number, Social Security number, date of birth, home address, employment information, city and state.
  • Contact Us. If you have any questions about this California Privacy Addendum, please contact us using the information below:

Jeffrey W. Linstrom
jlinstrom@encinabc.com

Encina Business Credit, LLC
123 N. Wacker Drive
Suite 2400
Chicago, IL 60606