Effective Date: March 1, 2021
This Privacy Statement applies to apply.marlincapitalsolutions.com, and other websites owned and operated by Marlin Business Services Corp. and its affiliates (“Marlin” or “We”). This Privacy Statement describes how Marlin collects and uses the information you provide, or which is automatically generated when you interact with our websites (each, a “Site”). It also describes the choices available to you regarding the use of, your access to, and how to update and correct your information. At Marlin, we recognize the importance of your privacy. As a result, Marlin is committed to protecting the confidentiality and security of the personal and company information you choose to provide us.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
You may contact us as described in the “Contacting Marlin” section of this Privacy Statement.
Marlin’s Privacy Statement is set forth below:
1.COLLECTION AND USE OF INFORMATION
You may be asked to provide certain information about you and/or your company if you elect to apply for financing through the Site or if you attempt to use certain Site functions. You may also be asked to provide certain information via e-mail, text and other electronic messages. The decision to provide this information is entirely yours.
We collect the following identifying information from you when you elect to apply for financing:
- Information such as business name, contact email address, address, phone number;
- Tax ID;
- Financial Information such as bank name, routing number, account number;
- Beneficial ownership information.
We collect information on the beneficial owners of your company for purposes of verifying their identity only. The United States Government implemented the beneficial ownership rule to help deter and investigate financial crimes. Marlin will maintain beneficial ownership information in our records pursuant to this Privacy Statement.
Additionally, in the event you are providing a personal guarantee we will collect the following personal information:
- Date of Birth;
- Social Security Number.
User Data Supplementation
We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
Examples of the types of personal information that may be obtained from public sources or purchased from third parties and combined with information we already have about you may include:
- Address information about you from third party sources, such as the U.S. Postal Service, to verify your address as part of our KYC program to prevent fraud.
- Purchased marketing data about our customers from third parties that is combined with information we already have about you, to create more tailored advertising and products.
Marlin will use the information you furnish to evaluate your application, provide you with updates regarding the application’s status and, if appropriate, initiate the funding process. Marlin will also use the information you provide to service and administer any accounts you may have with Marlin and to offer you other products and services available through Marlin or other entities. In addition, Marlin may use the information provided by the Site users for statistical, marketing or other purposes.
Marlin limits employee access to the information you provide to those employees who have a business reason to know such information. Marlin may also share your information with its affiliated companies as may be permitted by applicable law.
2. SHARING OF INFORMATION WITH THIRD PARTIES
We will share your personal information with third parties only in the ways that are described in this Privacy Statement.
Marlin may share the information you choose to provide with its suppliers, financing sources, equipment vendor contacts and other business customers (collectively, the “Third Parties”) in order to:
- Evaluate and process your application for funding;
- Service your account;
- Offer products and services that may be of interest to you; and/or
- Conduct and administer its business.
In addition, Marlin may share the information you choose to provide:
- As required by law, such as to comply with an order, subpoena, audit, bankruptcy proceeding, or similar legal process in certain situations;
- If Marlin is required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements;
- When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
- If Marlin is involved in a merger, acquisition, or sale of all or any portion of its assets, in which case you will be notified via email and/or a prominent notice on our website of any resulting change in Marlin’s ownership, uses of your personal information, and choices you may have regarding your personal information; and/or
- With any other Third Party with your prior consent.
The Third Parties with whom Marlin conducts business are aware of the importance of your privacy and are expected to take all reasonable steps to assure that your information is treated confidentially and securely.
3. INACCURATE INFORMATION
Marlin may retain information such as your company name, principal officer names, company address, personal and corporate identification information such as government issued tax identification numbers, driver’s license information, corporate tax returns (if provided) or other similar information used to confirm your company or an individual’s identity. Upon request, Marlin will provide you with information about whether we hold any of your personal information. If you believe that Marlin’s records contain inaccurate or incomplete information about you or your company, you may correct, update, amend, delete/remove information by contacting us as described in the “Contacting Marlin” section of this Privacy Statement. We will review your concerns, respond within a reasonable time frame and correct our records if necessary.
4. SECURITY OF INFORMATION
Marlin protects your information by maintaining security procedures to prevent unauthorized access to your information. Marlin uses SSL encryption (Secured Socket Layer) Technology and other forms of technology to help ensure the protection of your information. If you have any questions about the security of your personal information, you can contact us as described in the “Contacting Marlin” section of this Privacy Statement.
5. “COOKIES” AND OTHER TRACKING TECHNOLOGIES
Technologies such as cookies, beacons, tags, script or similar technologies are used by Marlin and our partners, affiliates, analytics or service providers. These technologies are used in analyzing trends, administering the website, tracking users’ movements around the Site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include users’ movement and interaction with the Site, including mouse movements, non-sensitive text entered, pages visited and links clicked, as well as internet protocol (IP) addresses, browser type, internet service provider (ISP), cookie information, referring/exit pages, operating system, date/time stamp, and/or clickstream data (collectively, “Usage Data”). Marlin’s purpose in collecting Usage Data is to better understand how Marlin’s users interact with the Site. Usage Data helps us to keep our website fresh and functional and enables us to tailor content to a user’s interests.
We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or Site functionality.
We use Local Shared Objects, Local Storage, such as HTML5, to store content information and preferences. Various browsers may offer their own management tools for removing HTML5.
Our Site is not intended for children under 16 years of age. No one under 16 may provide any information on the Site. We do not knowingly solicit or collect personal information from, or market our services or products to, children under 16. If you are under 16, do not use or provide any information on this Site or through any of its features, register on the Site, or provide any information about yourself to us, including your name, address, telephone number or email address. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us as described in the “Contacting Marlin” section of this Privacy Statement.
7. AUTHORIZATION AND CONSENT TO USE INFORMATION
By providing information to Marlin through this Site or otherwise, you authorize and consent to Marlin’s use of such information in accordance with this Privacy Statement and in other similar manners.
Under the California Consumer Privacy Act (“CCPA”), if you are a California resident, you may, subject to certain limitations and exceptions, have additional following rights with respect to information we have collected about you that constitutes personal information under the CCPA, including but not limited to the following: (i) to request access to more details about the categories and specific pieces of personal information we may have collected about you in the last 12 months (including personal information disclosed for business purposes); (ii) to request deletion of your personal information; and (iii) to not be discriminated against for exercising these rights.
To exercise your data protection rights, where applicable, you can submit a request by contacting us as described in the “Contacting Marlin” section of this Privacy Statement. You may be required to provide additional information necessary to confirm your identity before we can respond to your request. We will consider all such requests and provide our response within a reasonable period of time (and within any time period required by applicable law). However, certain information may be exempt from these requests for legal or other purposes.
We display personal testimonials of satisfied customers on our website in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us as described in the “Contacting Marlin” section of this Privacy Statement.
9. THIRD PARTY LINK
This Privacy Statement only applies to the use and disclosure of information collected through our Site. Our website includes links to other websites whose privacy practices may differ from those of Marlin. If you submit personal information to any of those websites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.
10. DATA RETENTION
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
11. MATERIAL CHANGE
We may update this Privacy Statement to reflect changes to our information practices. If we make any material changes we will notify you or our Client by email (sent to the email address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
12. CONTACTING MARLIN
If you have any questions about Marlin’s Privacy Statement or the use of the information you choose to provide to Marlin, please contact Marlin directly at (888) 479-9111, by email at firstname.lastname@example.org or by mail at 300 Fellowship Rd. Mt. Laurel, NJ 08054.