Privacy Policy

These Terms of Service, Privacy Policy, and California Privacy Notice are provided by Commercial Funding Inc. and our affiliates (collectively, "CFI", “us”, or “our”).
The use of https://www.CommercialFund.com (together with any sub domain thereof, any related web-based or mobile applications, and content available therein, the “Site”) is subject to the terms and conditions set forth below (the "Terms and Conditions"). By using the Site, you represent that you are 18 or older and signify that you have read, understand, and agree to be bound by, without limitation or qualification, as applicable, the Terms and Conditions, Privacy Policy, and California Privacy Notice, notwithstanding anything inconsistent or to the contrary set forth in any other agreement between you and CFI. 

Effective January 1, 2023

Terms and Conditions

1. This Site is intended solely for users who are 18 years of age or older, and any use of the Site by anyone under 18 is unauthorized and in violation of these Terms and Conditions.
2. You may download material displayed on the Site for non commercial, personal use only; provided you also retain all copyright and other proprietary notices contained on the materials. You may not copy, distribute, modify, transmit, display, reuse, report, or use the contents of the Site, including the text, images, audio, and video, for public or commercial purposes without written permission from CFI. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted. CFI neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with CFI.
3. While CFI uses reasonable efforts to include accurate and up to date information on the Site, CFI makes no warranties or representations as to its accuracy. CFI assumes no liability or responsibility for any errors or omissions in the content on the Site.
4. Your use and browsing of the Site are at your own risk. Neither CFI nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. CFI also assumes no responsibility and shall not be liable for any damages due to computer viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, or audio from the Site.
5. Images of people or places displayed on the Site either are the property of or are used with permission by CFI. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. Unless otherwise noted, the trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered Trademarks of CFI. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of CFI or such third party that may own any Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that CFI will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
7. Although CFI may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and other information or material that users may post on the Site, CFI is under no obligation to do so and assumes no responsibility for or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You should assume that CFI will fully cooperate with any law enforcement authorities or court order requesting or directing
8. CFI to disclose the identity of anyone posting any such information or materials.
   If you violate any of these Terms and Conditions, or violate any other agreement with us, we may terminate your access to the Site, delete any content or information you have posted on the Site, and/or prohibit you from using our products and services of the Site.
9. CFI may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Further Questions

If you have any questions about these Terms and Conditions, contact us via e-mail at info@CommercialFund.com or write to us: Commercial Funding Inc., 525 North Tryon Street, Suite 1000, Charlotte, NC 28202, Attention: Marketing.

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Effective January 1, 2023

Privacy Policy

Our business requires that we collect certain personal information from our current and future customers. CFI is dedicated to protecting your privacy and handling with care personal information we may collect through use of the Site. Presented in a question-and-answer format, this Privacy Policy was developed to maintain CFI’s commitment to superior quality of service, the highest standard of integrity, and responsibly handling our customers’ personal information.

Q1. Who Does this Privacy Policy Apply To?

This Privacy Policy applies to individuals who use the Site or our products and services, except that, for California residents, to the extent this Privacy Policy differs from the California Privacy Notice or applicable law, the California Privacy Notice applies.

Q2. What Information Do We Collect?

When you visit our Site you may provide us with several types of information: personally-identifiable information you knowingly choose to disclose that is collected on an individual basis, web site use information collected as you browse our Site, content you may choose to contribute to the Site through discussions, chats and/or message boards, or anything else you may post, and your e-mail communications with us.

• Personal Information - We will not collect any personally identifiable information about you (e.g., your name, address, telephone number, e-mail address, credit card information) through the Site unless you have provided it to us voluntarily pursuant to information requests, subscription to an e-mail newsletter or discussion group, orders of goods and services, or otherwise.
• Web Site Use Information - In some cases, we may automatically collect technical information when you connect to our Site that is not personally identifiable. Examples of this type of information include the type of Internet browser you are using, the type of computer operation system you are using and the domain name of the web site from which you linked to our site. Additionally, when you view our Site, we may store some information on your computer. This information will be in the form of a "cookie" or similar file and can help us in many ways. For example, cookies allow us to tailor a web site to better match your interests and preferences. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. If you alter the configuration of your browser to refuse cookies, some areas of our site that use cookies may not function properly when you view them.
• User Content - We may promote and support active and open communication among our users through discussions, chats, postings, bulletin boards, and other portions of the Site permitting the sharing of user content. You acknowledge and agree that any user content you submit on or through the Site may be publicly available and that, as a result, you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.
• E-Mail Communications - If you open e-mails from us, we may receive a confirmation noting you opened the e-mail, if your computer supports such capabilities. We also may keep track of what e-mails we send you and what e-mails you may be receiving from our affiliates and partners. Additionally, we may keep a record of what communications you have opted to receive or not to receive

CFI does collect personally identifiable information about your online activities over time and across third-party web sites or online services. While CFI does not directly share such information with third parties, CFI uses Google Analytics on the Site and partners with other third-party marketing services which may have access to personally identifiable information about your online activities by virtue of, without limitation, our use of cookies. To read about how Google uses data when you use our partners’ sites or apps, click the following link: https://www.google.com/policies/privacy/partners/.

Q3. How Do We Use the Information We Collect?

Any information you transmit or post on or through the Site, by e-mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by CFI or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and/or posting. Furthermore, CFI is free to use any ideas, concepts, know-how, and/or techniques contained in any communication you transmit or post on or through the Site, for any purpose whatsoever, including but not limited to developing, manufacturing, and/or marketing products using such information.
In addition, the information you provide to us may be used:

• to better understand your needs and how we can improve and enhance our products and services;
• to send you newsletters and other communications for which you have registered;
• to customize the advertising and content you see;
• to monitor compliance with our Terms and Conditions and other applicable agreements and policies;
• to contact you (via e-mail, text message, telephone, direct mail or otherwise) about the Site, special offers or promotions, orders you may have made, prizes you may have won, or other purposes we may deem reasonably related to our business or your use of the Site; and
• for other purposes disclosed when you provide your information.
  
  

By accessing or using the Site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do-not-call registry or similar registry. In addition, by accessing and/or using the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule"). Notwithstanding that your telephone number may be listed at the Federal Trade Commission's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the Rule.

The Site is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site or providing us with your information, you hereby expressly consent to this transfer.

Q4. With Whom Do We Share Your Information?

We do not now and do not intend to sell, rent, or market personal information about you to third parties. However, we may share your personal information with others as follows:

CFI Affiliates and Partners.

We work closely with our affiliates, and other business partners, with whom we may share your personal information.

COMMERCIAL FUNDING Affiliates and Partners.

We may use other companies and individuals to perform supporting functions for products and services offered through the Site on our behalf. For example, from time to time, we may use a third-party advertising company to serve ads when you visit the Site. Such a company may use certain information (not including your name, address, e-mail address or telephone number) about your visit to the Site to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this Site, a third-party advertiser may place or recognize a unique cookie on your browser as discussed above.

Products Offered in Partnership with Third Parties.

Certain products and/or services available on the Site may be licensed by, or provided to you in partnership with, third parties and may require you to disclose personally identifiable information to register and/or access such products and/or services. Such products and/or services shall identify the third-party partners at the point of registration. If you elect to register for or access such products and/or services, your personally identifiable information may be transferred to such third parties and will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy practices and policies of such third parties and, therefore, you should review the privacy practices and policies of such third parties prior to providing your personally identifiable information in connection with such products and/or services. Moreover, any information you provide directly to a third-party website, application, or Application Provider is not covered by this privacy notice.

Opt-In to Recieve Third Party Offers.

If you have indicated that you want to be contacted by third parties, we may use the personal information we collect to select which names to provide to a particular third party to present you with products and services that we believe will be of interest to you. In such instances, only your contact information (information that provides a means of contacting you), will be distributed to any such third party.

Protection of Rights.

We will release your personal information if we believe such action is appropriate to: (i) comply with legal process; (ii) enforce the Terms and Conditions; or (iii) identify, contact, or bring legal action against persons who may be causing injury to you or a third party, or to otherwise protect the rights, property or personal safety of CFI, its employees, other Site users or others.

Asset Transfers.

We continue to develop our business and in doing so might choose to buy other businesses or assets. Personal information is generally one of the transferred assets acquired in such purchases. Also, if we choose to sell some or all our assets, personal information, including the information collected from you on or through the Site, could be included in the transferred assets.

Additional Functionality.

We may link personal information collected from you through various means, including information collected automatically through the use of cookies and purchase information, or other personal information you provide to help us (or our service providers and listing providers, partners or affiliates) offer content, including, without limitation, listing recommendations, advertisements, products and/or services that we believe will be of interest to you and prepopulate certain data fields (to assist in your use of the tools and/or services available on the Service).

Aggregate Data.

We may use certain data automatically generated by our servers so that we can understand how to make the Service more convenient and useful to our audience. We may share this information, generally in aggregate form, with our current and potential advertisers, service providers and listing providers, partners, affiliates and/or marketing allies so they can try to present advertisements in content more effectively. We may provide other third parties with aggregate – but not individual – information about visitors to our Site, and we may also share with the public aggregate information regarding products, services, content, or tools that may be of interest to them.

Q5. How Do We Protect Your Information?

Information Security.

You understand and agree that "perfect" security does not exist anywhere, including the Internet. As a result, CFI cannot ensure or warrant the security of any information you transmit to CFI via its Site, and you do so at your own risk. Notwithstanding this fact, we use encryption/security software in our efforts to safeguard the confidentiality of the information we display and collect from unauthorized access or disclosure and accidental loss, alteration, or destruction. Your information is kept on servers that are located behind a firewall.

Evaluation of Information Protection Practices.

Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality, and quality of our information.

Q6. What About Other Web Sites Linked to Our Web Site?

The Site may contain links to third-party web sites, products, and services. Our Site may also offer products or services from third parties, including, for example, Provider Applications.

Information collected by such third parties, which may include such things as location data or contact details, is governed by their privacy practices. We are not responsible for the practices employed by such third parties. Please read over those rules and policies before proceeding.

Q7. How Can You Change Your Information?

To delete or correct personal information you submitted on the Site, please submit your request to info@CommercialFund.com. You expressly authorize us to access your data for purposes of completing your request. If you would like us to no longer use your personal information, please submit your request to info@CommercialFund.com. We will take commercially reasonable steps to remove any personal information stored on our systems upon request. Please be aware that it may not be possible to completely remove or delete all of your personal information from our records without some residual data remaining due to backups, archives, and other reasons.

Q8. How Do I "Unsubscribe" From Email Correspondance?

You may terminate e-mail correspondence from us at any time. You may be given the chance to opt-out of direct mailings when you disclose your e-mail address to us. Further, all of our e-mail correspondence contains an "Unsubscribe" link at the bottom of the message. To opt-out, click the link, or, in the case of text messages, send an e-mail to the "Unsubscribe" URL listed. To opt out or request that we not use your personal information to market information to you, you also may e-mail info@CommercialFund.com with your request.

Q9. How Am I Notified of Material Changes to This Privacy Policy?

We reserve the right to change our Privacy Policy in any manner at any time in our sole discretion. If we make changes to the Privacy Policy, we will post those changes on our Site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Such revisions shall be effective immediately; provided however, for users of the Site or Content prior to the “Last Modified Date” provided above, such revision shall, unless otherwise stated, be effective 30 days after posting.

You should periodically visit this page to review the Privacy Policy as in effect at such time.

Children

The Site is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. It is our policy never to knowingly collect or maintain information about anyone under the age of 13.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Site Provider for more information.

Further Questions

If you have any questions about this Privacy Policy, contact us via e-mail at info@CommercialFund.com or write to us: Commercial Funding Inc., 525 North Tryon Street, Suite 1000, Charlotte, NC 28202, Attention: Marketing.

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Effective January 1, 2023

California Privacy Notice

This California Privacy Notice for California Residents is provided by CFI pursuant to the California Consumer Privacy Act (“CCPA”) and supplements the information contained in CFI’s Privacy Policy, above.

This California Privacy Notice applies solely to California residents (“Consumers” or “you”) and to “Personal Information” as defined in the CCPA.  

Your Rights Under the CCPA

Right to Know About Personal Information Collected, Disclosed, or Sold

You have the right to request that we disclose certain information to you about our collection, use, and disclosure of your Personal Information.  

Collection of Personal Information

The following is a list of categories of Personal Information we have collected from Consumers in the preceding 12 months.

Sources of Personal Information

We obtain Personal Information from the following categories of sources:

1. Directly from you, such as when you apply for or obtain one of our products or services, of if you apply for a job with us.
2. Indirectly from you.  For example, from observing your actions on our Site.
3. From companies related by common ownership or control (“Affiliates”), based on your relationship with them and as permitted by law; and/or
4. From other companies, organizations, or third parties that we work with, based on your or our relationship with them and as permitted by law, such as credit bureaus.

Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the following purposes:

• To deliver products, information, or services, including underwriting, credit review, and collection of accounts
• To provide advertising about our products and services
• To manage security and other risks and prevent fraudulent activity
• To conduct employment-related activities
• To perform other activities, as permitted or required by law including:

• To perform internal research
• In connection with litigation
• In connection with a sale or merger
• To comply with regulatory record retention or other legal requirements
• To perform analytics concerning your use of our online services, including your responses to our emails and the pages and advertisements you view; or
• For audit purposes.

Disclosure of Personal Information

We have disclosed Personal Information in the nature of identifiers, commercial information, and sensory data to our agents and to government entities for business purposes in the preceding 12 months.

We have shared Personal Information in the nature of identifiers in the preceding 12 months.

We have not sold any Personal Information, including that of Consumers under 16 years of age.

Right to Request Correction or Deletion of Personal Information

Subject to exceptions, you have the right to request that we correct or delete your Personal Information.  Upon receipt of a verifiable request from you, we may correct or delete your Personal Information from our records.

Right to Opt-Out of the Sale of Personal Information

Consumers have the right to opt-out of the sale of their Personal Information by a business. We do not sell Personal Information and will not sell Personal Information without providing notice and an opportunity to opt-out.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

You have the right not to receive discriminatory treatment for exercising any of your rights under the CCPA.

How To Submit a Request

To make requests to know, correct, or delete your Personal Information, you or your authorized representative may contact us by either:

• Toll-free number: (800) 222-2307
• Email: CaliforniaPrivacyRequest@CommercialFund.com
  
  

To help protect your privacy and maintain security, we must verify your identity before granting you access to your Personal Information or complying with your request.  If you make a request under the CCPA, we may require you to provide some or all of the following, or other, information:  name, date of birth, social security number, email address, telephone number, postal address, and, if the request is made through an authorized representative, proof of authority to act on behalf of the Consumer.

You may only make a request to know twice within a 12-month period.  

The Consumer Request Must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of the person.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
  
  

Response to Request

We will respond to requests within 45 days and will notify the requester if we need additional time or information.
We will deliver our written response by mail or electronically, at your option. If you do not indicate a method of receiving a response, we may send it by either means.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision, and we reserve the right to either refuse to act on your request or charge a reasonable fee to complete your request if it is excessive, repetitive, or manifestly unfounded.

Changes to Our California Privacy Notice

We reserve the right to amend this California Privacy Notice at our discretion and at any time.  When we make changes to this California Privacy Notice, we will post the updated notice on the Site.  Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.\

How To Contact Us

If you have any questions or concerns about this California Privacy Notice or about how CFI collects, uses, shares, or discloses Personal Information, or to make a request pursuant to the CCPA, you may call us at (800) 222-2307 or email us at CaliforniaPrivacyRequest@CommercialFund.com

NOTICE AT COLLECTION

This notice applies whenever we collect Personal Information from a Consumer. We collect all Personal Information you provide us in accordance with law, including by passive means (e.g. through cookies stored on your device used to access the Site) for the purposes described in the California Privacy Notice. The Personal Information, including sensitive personal information, we collect may be shared as described in the California Privacy Notice but will not be sold without further notice.

Retention of Personal Information

We retain Personal Information, including sensitive personal information, for as long as reasonably necessary to fulfill the purpose(s) for which they were obtained unless a longer retention is required by law.  The criteria used to determine our retention period includes:

• Whether we (including Affiliates) have an ongoing relationship with you and reasonable anticipation of a continuing relationship
• Whether there is a legal obligation to which we or you or a related party are or may be subject, now or in the future; and
• Whether Personal Information may be relevant to particular circumstances, including without limitation legal position or potential liabilities, such as applicable statute of limitations, litigations, or regulatory investigations.