PRIVACY POLICY

BENCHMARK COMMERCIAL LENDING PRIVACY POLICY

This Privacy Policy describes the information Benchmark Commercial Lending, Inc. (“Benchmark Commercial Lending,” “we,” “us” or “our”) collects about you, how we use and share that information, and the privacy choices we offer. This policy applies to information we collect when you register for Benchmark Commercial Lending’s funding matching service, access or use our website, mobile applications, products, and services (collectively, the “Services”), or when you otherwise interact with us.

As used in this Privacy Policy, the term “Site” includes: all websites and all devices or applications operated by Benchmark Commercial Lending that collect personal information from you and that link to this Privacy Policy; pages within each such website, device, or application, any equivalent, mirror, replacement, substitute, or backup website, device, or application. The use of the word “including” in this Agreement to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.

By accessing the Site and by using the Service, you agree to, and are bound by, this Privacy Policy.  If you do not agree to this Privacy Policy, you may not access or otherwise use this Site or Service.

1. Collection of Information. Benchmark Commercial Lending may collect the following categories of personal information about you, including but not limited to the following:

• Registration Information: When you register for the Service, you will be asked for basic registration information, such as a username and password.
• Identification Information: You may also be asked to provide identification information to confirm your identity, including your first and last name and certain financial information.
• Application Information: You may also be asked to provide additional information that will be provided to third-party sources of funding in connection with your applications for funding from those third-party sources, including certain financial information and other documents required by the third-party source of funding to complete an application.
• Verified Data: Verified Data: You may also be asked to provide tax returns or to synch Benchmark Commercial Lending to your bank’s transactional data. Verified Data will be used to ensure the Application Information is accurate. Verified data will automatically substitute the inconsistent Application Information with information from the Verified Data.
• Third-Party Credentials: You may also enter in certain passwords, usernames, account numbers, and other account information for third-party sites and Internet services (“Third-Party Sites”).
• Information from Third-Party Sites: In order to display information to you or to fulfill your requests for certain products and services through a Service, we may collect, on your behalf, your account and other personal information from Third-Party Sites that you register under your account via the Service. We may also collect information about you from credit bureaus, mailing list providers, publicly available sources, and other third parties.
• Additional Use of Third Parties: Benchmark Commercial Lending uses third parties to gather your data from financial institutions (the “External Data”). By using our Service, you grant our third-party provider the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of our third-party provider’s privacy policy. If any of the Application Information does not match External Data, you will have an opportunity to modify any of the Application Information.
• Referral Partners: We may also collect application loan terms and ongoing loan performance data, including personal and business information, about you from our third-party referral partners. Such data may include, for example, reporting on loan repayment status.
• Information Collected by Cookies and Web Beacons: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files that are stored on your hard drive or in device memory by a website.  Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity.  We may also collect information using web beacons.  Web beacons are electronic images that may be used in our Services or emails.  We may use web beacons to deliver cookies, count visits, understand usage, and determine whether an email has been opened and acted upon.
• Technical and Navigational Information: We may collect your computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our web design and functionality.

1. Use of Your Information. We may use the information you provide about yourself, information about your Third-Party Sites, and information provided to us from our referral partners to fulfill your requests for our Services, to respond to your inquiries about our Services, and to offer you other products, programs, or services that we believe may be of interest to you.  We may use your information to complete transactions you request, to verify the existence and condition of your accounts, to correct inaccurate Application Information, or to assist with a transaction.  For example, we may use the account information you provide or that we collect from Third-Party Sites to confirm your accounts are valid and, as applicable, to access funds from your accounts in connection with fulfillment of the Services.  We may also use your information to improve and personalize the Services and any related services, including future products and services.  For example, we may use your information to pre-fill form fields on the Sites for your convenience.
2. 1. Sharing of Information. We may share personal information about you as follows:
   • With your consent, including to third-party credit reporting services when we request a credit report on your behalf or to any potential source of funding to whom you instruct us to identify you through the Services;
   • With third parties to provide, maintain, and improve our Services;
   • With any third party that referred you to the Services;
   • To respond to subpoenas, court orders, or legal processes;
   • In order to investigate, prevent, defend against, or take other action regarding violations of our Terms of Service, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network, Sites or Services;
   • Non-personalized, anonymous data may be aggregated with data from other users and/or data sources and shared with partners or for marketing purposes;
   • To respond to claims that any posting or other content violates the rights of third parties;
   • In an emergency, to protect the health and safety of our Sites’ users or the general public; or
   • As otherwise required by law.

   2 cont.

   1. Security. We take reasonable measures, including firewall barriers, SSL encryption techniques, and authentication procedures, to help protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.  You acknowledge, however, that no system is perfectly secure.  You use the Site and Services, and provide us with your personal information, at your own risk.
   2. Email Communications. We may provide our registered customers with email alerts and summaries of their activity on the Service.  We may also allow users to subscribe to email newsletters and from time to time may transmit emails promoting Benchmark Commercial Lending or third-party goods or services.  Registered customers have the ability to opt out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails.  Opting out in this manner will not end transmission of service-related emails, such as email alerts.6
   3. Changes to Your Personal Information. If you wish to access personal information that you have submitted to us or to request the correction of any inaccurate information you have submitted to us, you may correct certain information via your user account.  Alternatively, you can contact us at support@Benchmark Commercial Lending.com to request any corrections to your personal information.  You may also email us if you wish to deregister, but even after you deregister, we may retain archived copies of information about you for a period of time that is consistent with applicable law.
   4. Business Transition.  In the event another entity merges with or acquires Benchmark Commercial Lending or substantially all of its assets, your personal information may be transferred to that successor or acquiring entity.  A court may also order the sale of personal information as an asset in a bankruptcy or similar insolvency proceeding.

    

   1. Changes to Privacy Policy.  We reserve the right, at our sole discretion, to make changes to this Privacy Policy from time to time, so please review it frequently. You may review updates to our Terms of Service and Privacy Policy at any time via links on https://Benchmark Commercial Lending.com.  Consistent with our Terms of Service, you agree to accept electronic communications and/or postings of revised versions of this Privacy Policy on https://Benchmark Commercial Lending.com and agree that such electronic communications or postings constitute notice to you of the revised version of this Privacy Policy.  Changes take effect immediately upon posting.

    

   1. Contact Us.  If you have questions about this Privacy Policy, you may contact us at support@BenchmarkCommercialLending.com.

   Registration Information: When you register for the Service, you will be asked for basic registration information, such as a username and password.

   Identification Information: You may also be asked to provide identification information to confirm your identity, including your first and last name and certain financial information.

    

   Application Information: You may also be asked to provide additional information that will be provided to third-party sources of funding in connection with your applications for funding from those third-party sources, including certain financial information and other documents required by the third-party source of funding to complete an application.

   Verified Data: Verified Data: You may also be asked to provide tax returns or to synch Benchmark Commercial Lending to your bank’s transactional data. Verified Data will be used to ensure the Application Information is accurate. Verified data will automatically substitute the inconsistent Application Information with information from the Verified Data.

   Third-Party Credentials: You may also enter in certain passwords, usernames, account numbers, and other account information for third-party sites and Internet services (“Third-Party Sites”).

   Information from Third-Party Sites: In order to display information to you or to fulfill your requests for certain products and services through a Service, we may collect, on your behalf, your account and other personal information from Third-Party Sites that you register under your account via the Service. We may also collect information about you from credit bureaus, mailing list providers, publicly available sources, and other third parties.

   Additional Use of Third Parties: Benchmark Commercial Lending uses third parties to gather your data from financial institutions (the “External Data”). By using our Service, you grant our third-party provider the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of our third-party provider’s privacy policy. If any of the Application Information does not match External Data, you will have an opportunity to modify any of the Application Information.

   Referral Partners: We may also collect application loan terms and ongoing loan performance data, including personal and business information, about you from our third-party referral partners. Such data may include, for example, reporting on loan repayment status.

   Information Collected by Cookies and Web Beacons: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files that are stored on your hard drive or in device memory by a website. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We may also collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We may use web beacons to deliver cookies, count visits, understand usage, and determine whether an email has been opened and acted upon.

   Technical and Navigational Information: We may collect your computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our web design and functionality.

    

   3. Use of Your Information. We may use the information you provide about yourself, information about your Third-Party Sites, and information provided to us from our referral partners to fulfill your requests for our Services, to respond to your inquiries about our Services, and to offer you other products, programs, or services that we believe may be of interest to you. We may use your information to complete transactions you request, to verify the existence and condition of your accounts, to correct inaccurate Application Information, or to assist with a transaction. For example, we may use the account information you provide or that we collect from Third-Party Sites to confirm your accounts are valid and, as applicable, to access funds from your accounts in connection with fulfillment of the Services. We may also use your information to improve and personalize the Services and any related services, including future products and services. For example, we may use your information to pre-fill form fields on the Sites for your convenience.
   4. Sharing of Information. We may share personal information about you as follows:
   • With your consent, including to third-party credit reporting services when we request a credit report on your behalf or to any potential source of funding to whom you instruct us to identify you through the Services;
   • With third parties to provide, maintain, and improve our Services;
   • With any third party that referred you to the Services;
   • To respond to subpoenas, court orders, or legal processes;
   • In order to investigate, prevent, defend against, or take other action regarding violations of our Terms of Service, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network, Sites or Services;
   • Non-personalized, anonymous data may be aggregated with data from other users and/or data sources and shared with partners or for marketing purposes;
   • To respond to claims that any posting or other content violates the rights of third parties;
   • In an emergency, to protect the health and safety of our Sites’ users or the general public; or
   • As otherwise required by law.

   3 cont.

   4. Security. We take reasonable measures, including firewall barriers, SSL encryption techniques, and authentication procedures, to help protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. You acknowledge, however, that no system is perfectly secure. You use the Site and Services, and provide us with your personal information, at your own risk.
   5. Email Communications. We may provide our registered customers with email alerts and summaries of their activity on the Service. We may also allow users to subscribe to email newsletters and from time to time may transmit emails promoting Benchmark Commercial Lending or third-party goods or services. Registered customers have the ability to opt out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails. Opting out in this manner will not end transmission of service-related emails, such as email alerts.6
   6. Changes to Your Personal Information. If you wish to access personal information that you have submitted to us or to request the correction of any inaccurate information you have submitted to us, you may correct certain information via your user account. Alternatively, you can contact us at support@Benchmark Commercial Lending.com to request any corrections to your personal information. You may also email us if you wish to deregister, but even after you deregister, we may retain archived copies of information about you for a period of time that is consistent with applicable law.
   7. Business Transition. In the event another entity merges with or acquires Benchmark Commercial Lending or substantially all of its assets, your personal information may be transferred to that successor or acquiring entity. A court may also order the sale of personal information as an asset in a bankruptcy or similar insolvency proceeding.

    

   9. Changes to Privacy Policy. We reserve the right, at our sole discretion, to make changes to this Privacy Policy from time to time, so please review it frequently. You may review updates to our Terms of Service and Privacy Policy at any time via links on https://Benchmark Commercial Lending.com. Consistent with our Terms of Service, you agree to accept electronic communications and/or postings of revised versions of this Privacy Policy on https://Benchmark Commercial Lending.com and agree that such electronic communications or postings constitute notice to you of the revised version of this Privacy Policy. Changes take effect immediately upon posting.

    

   10. Contact Us. If you have questions about this Privacy Policy, you may contact us at support@BenchmarkCommercialLending.com.