Privacy Policy

This privacy policy (“Privacy Policy”) is applicable to B.A.M Capital. and its subsidiaries (collectively, “B.A.M Capital” “we” or “us”). At B.A.M Capital, we consider the privacy of our clients, customers and users of our website and services (collectively, “Users” or “you”) to be extremely important. In this document, we describe how B.A.M CAPITAL collects, uses and discloses the information we collect from you and about you when you browse our website (“Website”) or use our finance products and online services (“Services”).

Our objective is to provide you with transparent and accessible information about our information collection practices and your privacy choices. The following links can assist you in navigating this privacy policy.

• Types of information collected

• Method of collecting information

• Purpose for which information is collected

• Uses of information collected

• Sharing of collected information

• Storage and protection of collected information Users choices regarding information collection

• Children’s privacy rights

• Links to other websites and services

• Contact information

• Changes to Privacy Policy

Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Service.

1. Types of Information Collected

In connection with your use of our Website and Services, we collect the following types of information:

Personally Identifiable Information (“PII”) refers to any information that identifies or can reasonably be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, FICO scores, and credit card information. PII does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected or reasonably connectable to an identified individual. In this Privacy Policy the term PII may be used to specifically identify an individual business owner, principal, business representatives, loan applicants, or Website visitors.

In the U.S., federal law requires B.A.M CAPITAL to collect and verify beneficial ownership information of our Customers. In addition, if you make payments through the Services, B.A.M Capital may also collect information, such as payments or invoicing information including name, postal and email addresses, or phone number. Certain information may not be personally identifiable when standing alone but may become so when combined with other information. As a rule, B.A.M Capital does not collect PII when you visit our Website, unless you choose to provide such information or use Services that necessitate the need to collect that information.

2. Methods of Collecting your Information

The information we collect about you depends on how you use our Services, and if your business becomes an enterprise customer.

Information Provided by You. We may collect information from you when you register or use the Services. For example, we may collect PII, user information and Business Information from you when you register an account on the Sites, fill out forms or fields on the Sites, or complete an application for a product or service available through the Services. We may also collect any information when you communicate with us through email, mail, text, telephone, facsimile or other means.

Information Collected when You Use Services. As noted above, we automatically collect PII from your computer, mobile device or other PII associated with your device you use or access the Services (including downloading and using a mobile application or accessing a mobile optimized Site). We may collect PII when you view content about the Services on a third-party website or open emails or links in email communications from us. We, our business partners, or our service providers may use cookies, web beacons, pixel tags, and other similar technologies which collect information when we provide you with Services.

IP Address. An IP address is a number that is assigned to your computer, mobile or other computing device whenever you are surfing the Internet. Web servers (computers that “serve up” web pages) automatically identify your computer or other computing device by its IP address. When users request pages from our Website, servers may log their IP addresses. B.A.M CAPITAL may collect IP addresses for the following purposes, among others: system administration, to report non-personal aggregate information, and to track the use of the Website. IP addresses that are associated with your computing devices, mobile phones, or other devices are PII.

Cookies. Cookies are small text files containing a string of alphanumeric characters. When you visit the Service, we or our analytics providers may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets B.A.M CAPITAL help you log in faster and enhance your navigation through the site. We may use both session cookies and persistent cookies.

Session Cookies: A session cookie disappears after you close your browser.

Persistent Cookies: A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Services. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us to track your usage of the Service over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions.

Your Cookie Choices: You can reset your web browser to refuse all cookies or to choose when a cookie is permitted. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Service, you may not be able to utilize all the features of the Services to their fullest potential.

Clear GIFs, Pixel Tags, and Other Technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs, or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel,” and follow the instructions. To see the Flash LSOs currently on your computer, choose “website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

Log file information. Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

Location data. If you choose to allow us access your location data when you access the Services, we may access, collect, monitor and/or remotely store “location data,” that may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your device. Location data may convey to us information about how you browse or use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

Email Communications. If you send us an email with questions or comments, we may use PII to respond to your questions or comments and save your questions or comments for future reference. For security reasons, it’s not recommended that you send non-public personal information to B.A.M Capital by email. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive promotional messages, you will be given the option to opt-out. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related e-mails.

Information Received from Third Parties. The Services allow us, upon your direction, to obtain user information and Business Information from third party entities that your business maintains accounts with such as financial institutions, service providers referral partners, identity verification services, card networks, vendors, mailing list providers, consumer reporting agencies, commercial credit bureaus and associations, fraud prevention agencies, and publicly available sources including social networking services. We may combine this information with information we already collected from you or about you. For example, we may obtain transactional information about your business from financial institutions, information about your business’s engagement with customers from social networking services, and information about your business’s sales volume from service providers.

3. Use of Information

Marketing and Advertising, Third-Party Ad Networks and Online Tracking. We, advertisers, sponsors, and our third-party service providers may use third parties such as network advertisers to display advertisements on our Site. Network advertisers are third parties that display advertisements based on your visits to our Site as well as other websites. We, advertisers, our third-party service providers, and the ad networks may track your behavior on this Site. Specifically, third-party ad-network providers (such as Google or Facebook), advertisers, sponsors, and/or traffic-measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs, and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one.

Use of Personal Information; Opt Out Rights. In order to generate such targeted advertisements, we may provide these third-party advertisers with certain information about your usage of our Site and our Services, as well as aggregate or non-personally identifiable information about visitors to our Site and users of our Service. This information typically includes the following PII: IP address, email address, phone number, mailing address (if applicable), name and company name. Upon uploading, the ad server companies immediately “hash” this PII data so that it is not human-readable, for added security. If this data set matches information the ad server company already has on file for you, these third-party companies may use this information to re-target you with ads we think may be of interest to you using “cookies”. However, we are never compensated for the transfer of any of your PII to any third party (including third-party ad-network providers). The ad server networks we use (EG, Google and Facebook) have confirmed they will delete and not make any further use of any customer data sent to them as soon as this is “matched” with their data set. In addition, we offer our customers and users the right to opt out of receiving future advertisements using our products in accordance with applicable law, as per instructions set forth in the targeted advertisements.

Automated Devices; Privacy Practices. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site, and to the extent permitted, our Apps. We also may use other analytic means to evaluate our Site and Apps. We use these tools to help us improve our Site’s and Apps’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Cross-Device Use. We and our service providers, including Google, may use the information that we collect about you (whether directly from our Site, from our mobile applications, through your device(s), or from a third party) to help us and our service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.). We and our service providers also may use the cross-device use and other information we learn about you to serve targeted advertising on your devices and to send you emails. To opt-out of cross-device advertising, you may follow the instructions set forth below. Please note: if you opt-out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt-out each browser or device that you use.

Ad Network Opt-Out Rights. You may opt out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI members and DAA members, and your choices regarding the use of this information used by these companies, including how to opt out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).

Opting out of one or more NAI member or DAA member networks (many of which will be the same) means only that those members no longer will deliver targeted content or ads to you. It does not mean that you will no longer receive any targeted content or ads on our Site or other websites. You may continue to receive advertisements based, for example, on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit the opt-out page, or if you subsequently erase your cookies, use a different computer, or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI’s and DAA’s websites, accessible by the links above.

Other Advertising and Telemarketing Uses. . By providing B.A.M CAPITAL your email address and/or phone number, you consent to our using the email address and/or phone number for calls or text (SMS) messages to send you notices relating to the Service, including any notices required by law, in lieu of communication by postal mail. You further consent to our use of your email address and/or phone number for calls or text (SMS) messages to send you advertisements or telemarketing messages relating to the Services, which consent may be revoked by your providing written notice to B.A.M CAPITAL.

Other Uses of Information. We use information collect about you for other purposes relating to or to enhance our provision of Services to you, including to:

• Provide, operate, maintain and improve the Services

• Enable you to access and use the Services

• Send you technical notices, updates, security alerts and administrative messages

• Enhance the customer registration and application process

• Provide customer support services

• Conduct surveys and collect feedback about the Services

• Monitor and analyze trends, usage and other metrics relating to the Services, including aggregate metrics such as total number of visitors, traffic, and demographic patterns

• Notify you about special offers and other products and services and related marketing and advertising purposes (as more fully described above)

• Diagnose or fix technology problems and other security-related purposes

• Manage and protect our Website and IT infrastructure

• Detect and protect against potentially prohibited or illegal activities, including fraud, unauthorized access and intellectual property infringement

• Respond to lawful requests for information or legal process, or establish, exercise, or defend a legal claim

• Comply with our contractual obligations, our policies, industry standards, and applicable laws

• Process and use your information in an anonymized or aggregated form for scorecarding, marketing and other data analytics purposes

• Use for other purposes for which we provide notice to you at the time of collection or for which we obtain your consent

4. Sharing of Your Information

We will not rent or sell your information to third parties outside B.A.M CAPITAL  and its group of affiliated companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:

Sharing with Third Parties. We may share your information with third-party business partners for the purpose of providing the Service to you. Those business partners will be given limited access to your information as is reasonably necessary to deliver the Service. By providing B.A.M CAPITAL your Information and Documents, you expressly authorize (a) B.A.M CAPITAL to disclose any or all of such Information and Documents to any bank, financial institution, factor, company providing merchant cash advances or receivables financing or other business funding, or other Funder (collectively, “Funder”), including without limitation in connection with transactions initially declined by B.A.M CAPITAL and/or its affiliates, and/or other third parties that may be involved in the provision of commercial fundings, merchant cash advances or other business funding products (collectively, “Funder Parties”) and (b) each Funder to disclose any or all of such Information and Documents, and share any or all of such Information and Documents with other Funder Parties in connection with such potential transactions. Customer understands and agrees that Funders may share and/or retain Information and Documents and any other information provided by B.A.M CAPITAL or received by them, whether or not Customer qualifies for a funding or other funding product and whether or not Customer enters into a credit or other transaction. Customer further agrees to notify any Funders directly if Customer no longer wants to receive advertisements or telemarketing communications from any Funder.

Business Transformation. We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. The information you provide to us or we collect from you may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.

5. How We Store Your Information

Your information collected through the Service may be stored and processed in the United States or any other country in which B.A.M CAPITAL or its subsidiaries, affiliates or service providers maintain facilities. B.A.M CAPITAL may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which B.A.M CAPITAL or its subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. B.A.M Capital reserves the right to remove any content that contains a virus or other malicious code, or that otherwise violates any term of this Privacy Policy or Terms of Service.