PRIVACY POLICY

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This Privacy Policy (this “Policy”) applies to Bennett Capital Partners, LLC (collectively, “Bennett Capital Partners,” “we” or “us”), and is designed to help you understand how we collect, use and disclose your personal information that you or any third party provides to us, either on our websites (www.bcpmortgage.com and https://bcpmortgageg.com/apply (together, the “Websites”)), over the telephone, or through any other means.

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Please also read the Terms of Use at the end of this Policy.  The Terms of Use constitute an integral part of the Policy.

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By using the Websites, or by otherwise providing us with information about yourself, you agree to the terms and conditions of this Policy.  References to “you” and “your” throughout this Policy apply to any individuals whose personal information we may obtain, including without limitation, principals of business entities and guarantors.

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A.  What personal information do we collect about you?

​In connection with our loan products and services, we may ask you to provide us with information about yourself, including but not limited to:

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• Your name;

• Your email address;

• Your mailing address;

• Your telephone number;

• Your credit card information;

• Your Social Security Number or Tax ID Number;

• Your employment information;

• Your salary information;

• The location and value of the property related to the requested loan products or services; and

• Certain financial information, including but not limited to, bank statements, credit card statements, your average bank balance, personal and business credit history, payment behavior, insurance information, and bank account information;

• Other information that identifies you, such as a copy of your passport and/or other forms of identification; and

• Tax Returns.

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By requesting a loan on behalf of your business, you authorize us to obtain one or more credit reports and to conduct a background check on you, and you authorize us to use the information contained in such credit reports or background checks to process your loan application. We may also obtain one or more credit reports and conduct background checks on any individuals who are designated to be guarantors in connection with any request for a loan.

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In addition, once your business becomes a Bennett Capital Partners customer, we may obtain additional personal information about you, either in connection with data processing, servicing or maintaining your loan, or if you decide to renew your loan or enter into other loans.

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When you visit our Websites, we also collect non-personal information, such as the IP address of the device you use to connect to the Internet.  In addition, we gather information such as what browser and which version of it you are using, the type of operating system you have, and which site you came from or advertisement you viewed or clicked on. This device information helps us provide an online experience that matches your device and to manage our online advertising.

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B.  With whom may we share your personal information?

​We may share your personal information with certain third parties, which may include (without limitation):

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• Credit reporting agencies (see more information below);

• Our non-affiliated service providers who provide your statements, process your payments, service your loan, or perform other services relating to your account;

• Our non-affiliated service providers, to the extent necessary to effect, administer or enforce any transaction that is requested or authorized by you;

• Other financial institutions as permitted or required by laws regulating loan securitization;

• Our affiliates and our joint marketing partners (see more information below);

• Auditors and examiners (either internal or external);

• Law enforcement, regulators and other government bodies; and

• Third parties as necessary to comply with a law, regulation or a legal process (such as court orders, subpoenas, search warrants or law enforcement requests).

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If we make a loan to your business, we may share certain information associated with your loan with our investors, as disclosed in your Loan Application Form and related executed loan documents.  We may also share your personal information with our lenders.

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Credit Reporting Agencies:  Once you have submitted a loan application, we may obtain information about you from credit reporting agencies (including Meridian, TransUnion, Experian and Equifax).  We both receive and transmit data to credit reporting agencies. This is done as part of our regular underwriting, fraud prevention and loan servicing processes.  Information about you that we collect from credit reporting agencies may include, but is not limited to:

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• Information about open and closed credit accounts, including the date opened, the date closed (if applicable), the latest reported monthly balance and monthly payment;

• Information about credit inquiries;

• Information about late payments and collection actions on open and closed credit accounts;

• Information regarding public records of bankruptcy, judgments, tax liens and other payment-related information; and

• The credit score produced by the credit bureau providing the report.

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Information related to your creditworthiness is maintained by the credit reporting agencies.  If you find that there is an error, or if you want to dispute any information in your credit report, please contact the credit reporting agencies directly.

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We may also obtain information about you from other sources, such as real estate brokers, other lenders, and other third parties who identify potential customers.

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Affiliates and Joint Marketing Parties:  Bennett Capital Partners, LLC and its affiliates may share your personal information with each other, and we may also share your personal information with our joint marketing partners (which are other financial institutions with whom we jointly market a financial product or service).

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Others:  In addition, we may employ or use service providers such as title companies, appraisers, consultants, temporary workers, web hosting service providers, and third party software developers, to complete a business process or provide a service on our behalf.  For example, we may use service providers to enhance our website technology, to deliver products, or to send emails. When we employ service providers, we may need to share your personal information with them.  We cannot and do not guarantee the safeguards, if any, employed by any such or other third-party service provider with respect to information as provided to them.

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Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

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C.  When do we collect information from you?

​We collect information from you whenever you provide us with any information about yourself (whether you provide that information on our Websites, over the telephone, through email, or through any other means), submit a loan application, subscribe to a newsletter, or respond to a survey.  As noted above, we may also collect personal information about you from third parties, such as credit reporting agencies.  Finally (as noted above) we automatically collect information about you (e.g. IP addresses, your use of our Websites, etc.) every time you access our Websites.

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D.  How do we use the information we collect about you?

​We may use the information we collect about you in various ways, including to:

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• Personalize your user experience, and to allow us to deliver the type of content and product offerings in which you are most interested;

• Manage your preferences;

• Improve our Websites;

• Allow us to better service you in responding to your customer service requests;

• Administer a contest, promotion, survey or other site features;

• Process your transactions;

• Send periodic emails regarding your order or other products and services;

• Compile, save, use and analyze your personal information in both a personally-identifiable form and an aggregated, non-personally identifiable form;

• Verify your identity;

• Register you as a user and identify you when you sign in to your account;

• Determine whether your business qualifies for one of our loan products;

• Process your account;

• Send order confirmations, respond to customer service requests, send marketing communications, and send account update notifications;

• Comply with and enforce legal requirements, contractual obligations, industry standards and our policies; and

• Any other purposes that we may disclose to you at any time you provide any information to us, or from time to time as we may notify you.

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When you provide your email address, we will use it to send you general notices or important news about your account, to send you marketing material, or to request your feedback or opinions.  If you do not want to receive marketing materials by email, just indicate your preference by clicking on the “unsubscribe” link provided in our marketing emails.  We will continue to notify you by email regarding your account.

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E. How do we protect your personal information?

​We implement a variety of security measures to maintain the safety of your personal information.  All credit card transactions are processed through a gateway provider and are not stored or processed on our servers.

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Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such encrypted systems, and are required to keep the information confidential. In addition, all website traffic and information you supply is encrypted via Secure Socket Layer (“SSL”) technology.

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F.  Do we use “cookies”?

​Yes.  Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information.  For instance, we use cookies to help us remember and process the items, understand your preferences based on previous or current site activity, which enables us to provide you with improved services, and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future, keep track of advertisements.

 

These technologies are used in analyzing trends, administering the Websites, tracking users’ movements around the Websites and to gather 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 as well as an aggregated basis.

 

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. If you disable cookies, some features of our Websites may become disabled, and some aspects of the Websites may not function properly.

 

Deleting cookies does not delete Flash objects. You can learn more about Flash objects – including how to control and disable them – through the Adobe interface.  If you choose to delete Flash objects from our Websites, then you may not be able to access and use all or part of the Websites or benefit from the information and services offered.

 

We also may use pixel tags – tiny graphic images also known as clear GIFs or web beacons – to tell us what parts of our Websites that you have visited, to measure the effectiveness of any searches you may do on our Websites, or to interact with analytical tools or other marketing tools that gather data and customer usage information.

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G.  Third party links.

​We currently do not include or offer third party products or services on our Websites.

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In the future, our Websites may contain links to other sites that may collect your personal information. Personal information collected on other parties’ websites is not covered by this Policy.  Unless stated otherwise, the policies of those parties will govern the collection, use, disclosure and security of your personal information.  We are not responsible for the content or practices of any linked site.  We recommend that you review the privacy policy of any site that you may access through the Websites.

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H.  Website usage data.

​Our Websites track usage data, including, for example, your IP address, your browser type and version, which pages you view, which page, if any, linked you to our site, and which link, if any, you follow off of our Websites.  We use this data in the aggregate and on an individual level to better understand website activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized website experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests.  If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, or within any future communications.

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I.  How do our Websites handle “do not track” signals?

​We do not respond to “do not track” signals or similar mechanisms – where a visitor to our Websites requests that we disable the collection of information about the visitor’s online activities, including navigation around our website and the service. We may also permit third parties to collect aggregate usage information on our website, and they may also not respond to “do not track” signals.

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J.  Do our Websites allow third party behavioral tracking?

​We may use third party advertising companies to collect non-personally identifiable information for online behavioral advertising to provide targeted display advertisements through participating publishers and advertisers. Such information may include non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) through the use of cookies and other technology.

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K.  Contacting us by telephone.

​If you communicate with us by telephone, we may monitor or record the call.  This is done for reasons such as maintaining the integrity of your account, providing effective and timely service, improving our products, and assessing the performance of our employees.

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L.  California. 

​Unless the law allows, we will not sell, share, transfer or otherwise disclose nonpublic personal information of California consumers to or with any nonaffiliated third parties, without the prior consent of the California consumer to whom the non-public personal information relates.  We may share information with your consent, or to service your accounts. We will also limit sharing within our corporate family to the extent required by California law.

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M.  Vermont. 

​Unless the law allows, we will not share nonpublic personal information we collect about Vermont consumers with any nonaffiliated third parties, unless the law allows.  For example, we may share information with your consent, to service your accounts, or under joint marketing agreements with other financial institutions with which we have joint marketing agreements. We will not share information about your creditworthiness within our corporate family except with your consent.  We may share information about our transactions or experiences with you within our corporate family without your consent.

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N.  How you can help keep your personal information safe.

​There are many steps you can take to help keep your information safe.  First, choose a complex, independent password for use on our Websites.  You should not include anything related to your birthday, address, phone number, PIN number or any other easily guessable information in your password.

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Second, exercise caution when using public computers or WiFi networks, such as at a coffee shop or library. To best protect your personal information and login information, do not use public computers or public WiFi to access your sensitive accounts.  If you must do so, you should ensure that you log out of your account entirely.

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In recent years, individuals, businesses and even governments have seen a rise in “phishing” attacks.  Phishing occurs when someone attempts to obtain your password or other sensitive information. Scammers often do this by impersonating a trusted user or offering a compelling reason to open a malicious email attachment, click on a link or give over information.  We will not ask for your sensitive information (such as password), over email or other unsecure methods or through any site not under the lendingone.com domain.

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O.  Information about children.

We do not knowingly collect personal information from children under the age of 13 on the Websites.

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P.  Change of control.

Your personal information may be transferred in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of LendingOne’s businesses.

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Q.  Updates to this Policy.

​This version of the Policy is effective as of the date indicated above and supersedes all earlier versions.  We may update this Policy from time to time, and any subsequent versions of this Policy will be posted on the Websites.  You are responsible for periodically visiting our Websites and this Privacy Policy to check for any changes.

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R.  Questions or concerns.

​If have any questions or concerns regarding this Policy, please contact us. Our mailing address and email address are:

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BennettCapitalPartners, LLC
1101 Brickell Ave., 8th Floor South Tower
Miami, FL 33131
Attn:  Legal
Email: info@bennettcp.com

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TERMS OF USE

​The websites of Bennett Capital Partners, LLC and its affiliates

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(“Bennett Capital Partners”), www.bcpmortgage.com and https://bcpmortgage.com/apply  (together, the “Websites”), and Bennett Capital Partners online loan application form included therein (“Loan Application Form”) are subject to the below terms and conditions (these “Terms of Use”).  Your use of the Websites or Loan Application Form constitutes your acceptance of these Terms of Use.  These Terms of Use also comprise an integral part of our Privacy Policy.

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The Loan Application Form is provided merely as an invitation for information to be submitted. Use of the Loan Application Form should not be construed as creating a lender-borrower relationship between you and Bennett Capital Partners and should not be construed as creating a commitment to lend on the part of Bennett Capital Partners. Bennett Capital Partners does not guarantee that information submitted will be reviewed nor does it guarantee that a representative of Bennett Capital Partners will contact you regarding your submission.

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You acknowledge that Bennett Capital Partners may provide your information to other trusted companies providing services or products similar to, or complementary with, your requested services or products, so long as those parties agree to keep your information confidential.

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By using the Loan Application Form, you certify your submission is not prohibited by any confidentiality obligations, employment agreement or similar contractual obligation. You expressly agree and acknowledge that the information submitted is truthful and does not contain misleading or false statements. You further agree and acknowledge that you have proper authorization to submit the Loan Application Form and discuss its contents with Bennett Capital Partners or its employees.

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By using the Loan Application Form and submitting the information therein, you represent and warrant that you own or otherwise control all of the rights to the content that you provide (or if you are acting on behalf of an entity, that you have the authority to submit the information), that the content is accurate, and that it does not violate these Terms of Use. You grant Bennett Capital Partners a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide, in any form, media, software, or technology of any kind now existing or developed in the future. Without limiting the generality of the foregoing, you authorize Bennett Capital Partners to include the information in a searchable format that may be accessed by Bennett Capital Partners. You also grant Bennett Capital Partners the right to use your name and other information that you provide in connection with its use and with the reproduction or distribution of such material. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

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To the fullest extent permitted by law, Bennett Capital Partners excludes all representations and warranties relating to use of the Loan Application Form. To the fullest extent permitted by law, Bennett Capital Partners excludes all liability for damages arising out of or in connection with your use of the Loan Application Form. This includes, without limitation, direct loss, loss of business or profits, whether or not the loss of such business or profits was foreseeable, arose in the normal course of business, or whether or not you advised Bennett Capital Partners of the possibility of such potential loss.

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By using the Loan Application Form or any product, service, or functionality originating from your use of the Websites or services offered by Bennett Capital Partners, you are allowing Bennett Capital Partners to share information with any third parties in accordance with the Privacy Policy.

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Bennett Capital Partners reserves the right to change the terms, conditions, and notices under which the Websites are offered. Bennett Capital Partners shall have the right, at its discretion, to change, modify, add or remove terms of these Terms of Use at any time without notice. Changes shall be effective immediately. You agree to review these Terms of Use periodically. Your use of the Websites or the Loan Application Form constitutes your continued acceptance of these Terms of Use.

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In the event that any provision of these Terms of Use is found to be invalid or unenforceable by a court of law or other appropriate authority, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms of Use, which shall remain in full force and effect.

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These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Florida applicable to contracts executed in and to be performed entirely within that state, without reference to conflicts of laws provisions, except for patents, trademarks and copyrights, which shall be governed by and under the applicable patent, trademark and copyright laws. You agree (i)  any lawsuit, proceeding or action arising out of or relating to these Terms of Use may be brought only in the courts of the State of Florida, county of Palm Beach, or of the United States of America for the Southern District of Florida, (ii) accept for yourself and in respect of your property, generally and unconditionally, the exclusive jurisdiction of such courts, (iii) irrevocably waive any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any lawsuit, proceeding or action in those jurisdictions, and (iv) irrevocably consent to the service of process of any of the courts referred to above in any lawsuit, proceeding or action by the mailing of copies of the process to your principal residence.

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BY USING THE LOAN APPLICATION FORM, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, COUNTERCLAIM, OR CROSS-CLAIM ARISING IN CONNECTION WITH, OUT OF, OR OTHERWISE RELATING TO THE USE OF THE LOAN APPLICATION FORM, THE WEBSITES, ANY TRANSACTION ARISING THEREFROM OR RELATED THERETO, OR ANY DISPUTE INVOLVING YOU AND BENNETT CAPITAL PARTNERS.