Privacy Policy
Last Updated Date: : March 6, 2022 (“LendUX”, “we”, ”us”) is committed to protecting your privacy. LendUX is providing this Privacy Policy to you (also referenced herein as “your”, “Licensee”, “Bank”, or “Client”). We make the website,, the Borrower Platform, the Lender Platform and all subdomains (the “Platform”) available together with our computer services as further described in our Terms of Use (the “Computer Services”). Along with the Terms of Use, this Privacy Policy and Consent constitute the agreement between LendUX and Licensee. This Privacy Policy describes how we collect, store, use and distribute information about our users through the Platform and Computer Services. This Privacy Policy supplements any privacy-related provisions of the Technology Agreement for use of the Platform, previously entered into by you and LendUX. If any provisions of this Privacy Policy conflict with provisions of that Technology Agreement, then the provisions of the Technology Agreement shall prevail.
Applicable Information: This Privacy Policy is specifically related to your use of the LendUX Platform (the “Platform”). In your use of the Platform and Computer Services referenced in this Agreement, you, or the Loan Borrower as you may determine, will input information for your loan application (whether it be SBA, 504, Conventional, etc.) into the Platform. Such Borrower Information may be considered Personal Information in some jurisdictions, or similar labels such as Personal Identifying Information or Sensitive Personal Information, and/or Non-Personal Public Information under the Federal Gramm-Leach-Bliley Act (“GLBA”). LendUX will comply with any such applicable statutes and regulations.
NOTE: In accordance with the Terms of Service component of the Agreement and, Borrower’s use of the Platform does not create either a “Consumer” or “Customer” relationship between LendUX and the Borrower. The Bank is LendUX’s Client. Even though LendUX may not come under all, or even certain, privacy laws, LendUX will provide the protections identified in this Privacy Policy.
Consent: By using the Computer Services, as described in this Agreement, you consent to the use of your Borrower Information as described in the Technology Agreement and in this Privacy Policy. Except as set forth in the Technology Agreement and/or this Privacy Policy, Borrower Information will not be used for any other purpose without consent. We will not actively collect Personal Information for the purpose of sale or marketing in a way that specifically identifies the individual. In other words, we don’t sell customer lists. You may withdraw your consent to our processing of your Personal Information at any time by sending an email to However, withdrawing consent may result in your inability to continue using the Website and/or the Services.
Collection of Information: We aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the Computer Services in the Technology Agreement and Terms and Conditions elements of this Agreement, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, for service improvement. We will maintain the confidentiality of any Borrower Information you provide to us on signing up for our Computer Services or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below).
Two types of information may be related to the Computer Services: Personal Information and Non-Personal Information. This Privacy Policy does not extend to the collection, use or disclosure of the following information which is currently not limited by applicable privacy laws: (a) information that is publicly available, such as names, addresses, telephone numbers and electronic address when listed in a directory or made available through directory assistance; or (b) Non-Personal Information (as defined further below).
“Personal Information” is personally identifiable information, such as your name, address, and e-mail address. At the time of collection, we will clearly identify the Borrower Information being collected. It is always the Borrower’s choice whether or not to provide such Borrower Information but if they choose not to provide certain requested Borrower Information, they may not be able to register to use the Platform or be able to access and use the Platform at all. We may collect Borrower Information in respect of the Platform through registration processes; communications with you; information downloads; service purchases; user support; and surveys.
“Non-Personal Information” has historically been considered information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the Platform, and the type and version of browser or operating system being used by visitors to the Platform. However, certain jurisdictions may consider such information as “Personal Information”, or if it can be disaggregated or otherwise used to identify Personal Information. Business contact information such as the name, title, business address, or telephone number of a business or professional person or an employee of an organization may be considered Personal Information in certain jurisdictions. We may capture such information in the course of your Borrower use of the Computer Services.
Use of Information: We collect information for the following purposes:
Registration: At times, in order to register for our Computer Services, Borrower must provide certain Personal Information to us such as full name, address, and email address, or Business Information. In general, no account registration information will be shared with any other users of the Platform.
Transactional Notifications: We provide notifications for certain activities relating to your Borrower use of our Computer Services despite your Borrower indicated e-mail preferences, for example we may send notices of any updates to our Terms of Use or Privacy Policy, forgotten password requests, or security related issues. We will keep you and your Borrower up to date on our products and services. and contact you regarding any partial or completed reports generated on the Platform.
Statistics: We also collect statistics about use of the Computer Services. This information will be kept confidential; however, aggregate statistics that do not personally identify an individual may be kept by us and such aggregate statistics may be made available to you, the Lender.
Analytics: We use third-party Service providers (Google Analytics) to monitor and analyze the use of our Service. View Google’s Privacy Policy to view How Google uses data when using Google’s partners' sites or apps.
System Logs, Cookies & Clear Gifs: Cookies and clear gifs are used by us to track content usage and traffic on the Platform. A cookie is a feature of a web browser that consists of a text file that is placed on the user’s hard disk by a web server. A clear gif is similar to a cookie; however, it is embedded in website pages rather than on the user’s hard drive. The Platform uses cookies and clear gifs to help it compile aggregate statistics about usage of this Platform, such as how many users visit the Platform, how long users spend viewing the Platform, and what pages are viewed most often. This information is used to improve the content of the Platform. The Borrower can set their browser to be notified when they are sent a cookie. This provides the opportunity to decide whether or not to accept it. If the Borrower disables cookies, they may not be able to take advantage of all the features of the Platform. Clear gifs are also used by us in emails to help us understand which emails are opened by recipients.
The IP address is reported by a web browser whenever the Borrower visits a page on the Platform. This information is recorded together with registration information on our databases.
If we plan to use Borrower Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy.
Disclosures & Transfers: We will not disclose or transfer Borrower Information to third parties without Borrower permission, except as specified in this Privacy Policy, and in compliance with relevant provisions of the Gramm-Leach-Bliley Act (“GLBA”) (see further Important Exceptions below).
As at the date of this Privacy Policy, we share Borrower Information in respect to the Platform only with our hosting service, Amazon Web Services (“AWS”). LendUX has entered into a contract with AWS that provides commercially-acceptable compliant security for Borrower Information. Our servers are located in the United States of America and accordingly Borrower Information, as defined in this Agreement, may be available to the government of the United States of America or its agencies under a lawful order, irrespective of the safeguards we have put in place for the protection of Borrower Information.
From time to time, we may employ third parties to work on and/or improve the Platform and/or the Computer Services. These third parties may have limited access to Borrower Information solely for the purpose of helping us to improve the Platform and/or the Computer Services. Such vendors, who may have access to Borrower Information, have all entered into a contract with LendUX that provides commercially acceptable compliant security for Borrower Information including contractual restrictions prohibiting them from using Borrower Information for any other purpose.
Important Exceptions: We may disclose Borrower Information to third parties without consent in legal action, required by and/or in accordance with applicable law or regulation, against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Platform Clients, other users of the Computer Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Borrower Information when we believe in good faith that such disclosure is required and in accordance with the law.
We may also disclose Borrower Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.
Security: The security of Borrower Information is important to us. We use commercially reasonable efforts to store and maintain Borrower Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Borrower Information that you provide to us. You acknowledge, however, that no system is perfectly secure. Borrowers will use the Platform and Computer Services, and populate it with Borrower Information, at their own risk. We have created procedures designed to limit the dissemination of Borrower Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
When Borrower Information is added to the Platform by Borrower, the security of that information is protected during transmission by using industry standard Secure Sockets Layer (SSL) encryption technology.
Borrowers and the Lender are also responsible for helping to protect the security of Borrower Information. This Privacy Policy presumes the Bank will be in compliance with all law, regulation and best practices regarding Borrower Information security.
Retention: We will keep Borrower Information for as long as it remains necessary for the identified purpose or as required by law, which shall extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, Non-Personally-Identifiable data, account recovery, or if required by law. All retained Borrower Information will remain subject to the terms of this Privacy Policy. If you, or the Borrower, request that a Borrower’s name, or other Borrower Information, be removed from our databases, it may not be possible to completely delete all such Borrower Information due to technological and legal constraints.
Amendment of this Policy: We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post an appropriate notice on our Privacy Policy page Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Platform. Unless stated otherwise, our current Privacy Policy applies to all Borrower Information that we have about you. The date on which the latest update was made is indicated at the top of this document. We recommend that you, and the Borrower, print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure awareness of any changes. Continued use of the Platform signifies acceptance of any changes.
Access and Accuracy: You have the right to access the Borrower Information we hold about your consumers or customers in order to verify the Borrower Information we have collected in respect to them and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of applicable Borrower Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
California Privacy Rights: California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits your consumers/customers who are California residents to request and obtain once a year, free of charge, information about the personal information (if any) disclosed to third parties for direct marketing purposes in the preceding calendar year. LendUX will cooperate with you in the provision of such information to your consumers/customers.
Business Transition: In the event another entity merges with or acquires LendUX Business Valuation or substantially all of its assets, Borrower Information may be transferred to that successor or acquiring entity. A court may also order the sale of Borrower Information as an asset in a bankruptcy or similar insolvency proceeding.
We will make every reasonable effort to keep your Borrower’s Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Borrower’s Information as appropriate. As appropriate, this amended Borrower Information will be transmitted to those parties to which we are permitted to disclose your Borrower information. Having accurate Borrower Information enables us to give you the best possible service.
Contact Us: If you have any questions, comments or suggestions or if you find any errors in our information about you, please contact us at: