Privacy Policy

This website is owned and operated by Banxware Corp., a Delaware corporation ("Banxware," "we," "us," or "our"). We respect and protect the privacy of visitors to our website and the privacy of our customers. We have developed this Privacy Policy to demonstrate our commitment to protecting your privacy.

Banxware operates an online marketplace platform that connects small businesses with financing providers, including lenders, banks, and brokers ("Financing Providers"). This Privacy Policy applies to and describes our information handling practices when you access our services, which include our content located on this website, any other websites, pages, features, or content we own or operate (collectively, the "Site(s)"), third-party applications relying on our API, and related services (referred to collectively as "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to the collection, use, and sharing of your information as described in this Privacy Policy. IF YOU DO NOT AGREE WITH ANY ASPECT OF THIS PRIVACY POLICY, YOU SHOULD IMMEDIATELY DISCONTINUE ACCESS OR USE OF OUR SERVICES.

We may provide additional "just-in-time" disclosures or information about the data processing practices of specific Services. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your data.

We encourage you to review Banxware’s Terms of Use, which are incorporated herein by reference.

1. Information We Collect

Summary

We collect business and personal information you provide to us, as well as information automatically collected when you use our Sites and information we obtain from third parties.

1.1 Business Information

To establish an account and access our Services, we will ask you to provide us with important information about your business. This information is either necessary to provide the requested services, required by law (e.g., to verify your identity), or relevant for certain specified purposes described below. As we add new features and Services, you may be asked to provide additional information.

Please note that we may not be able to serve you, or our Services may be degraded, if you choose not to share certain information with us.

Business information we collect includes:

• Business name, type, and legal structure (e.g., LLC, corporation, sole proprietorship)
• Employer Identification Number (EIN) or comparable government-issued tax ID
• Proof of legal formation (e.g., Articles of Incorporation, Certificates of Good Standing)
• Business address, phone number, and contact information
• Average monthly sales, revenue figures, and financial performance data
• State of incorporation and business licenses
• Ownership structure and list of officers, members, or managers

1.2 Personal Information

While Banxware strives to collect information primarily about your business, due to the nature of small business ownership, we inevitably collect Personal Information about business owners and principals. "Personal Information" means information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device.

Personal Information does not include:

• Publicly available information from government records
• De-identified or aggregated consumer information

During the course of offering our Services, Banxware may collect the following types of Personal Information:

Personal Identification Information

Full legal name, date of birth, utility bills, photographs, phone number, home address, IP address, social security number, and/or email address.

Formal Identification Information

Government-issued identity documents such as passport, driver’s license, national identity card, state ID card, tax ID number, passport number, driver’s license details, national identity card details, visa information, and/or any other information required to comply with our legal obligations under financial, consumer protection, and commercial lending laws, or contractual obligations imposed by our banking and financing partners.

Financial Information

Bank account information, tax return information, federal and state tax IDs, profit and loss statements, income statements, credit score and credit report data, business invoices, and wire instructions.

Transaction Information

Information about transactions you make through our Services, such as the name of the recipient, your name, the amount, and timestamps.

Employment Information

Office location, job title, and description of your role within the business.

Correspondence

Survey responses, information provided to our support team or user research team, and records of communications between you and Banxware.

1.3 Device and Digital Information

We automatically receive and store certain types of information when you interact with our Sites or use our Services. This information helps us address customer support issues, improve performance, provide a personalized experience, and protect your account from unauthorized access. Information collected automatically includes:

Online Identifiers:

• Geolocation and tracking details
• Browser fingerprint, operating system name and version
• Browser name and version, device IP addresses

Usage Data:

• Authentication data and security questions
• Click-stream data and navigation patterns
• Public social networking posts
• Data collected via cookies and similar tracking technologies

Device and Technical Data:

• Device type and unique device identification numbers
• Device event information (crashes, system activity, hardware settings)
• Browser language, the date and time of requests, and referral URLs
• Pages accessed and links clicked
• Geographic location data

1.4 Third-Party Information About You

From time to time, we may obtain information about you from third-party sources as required or permitted by applicable law. Where required, we will obtain your consent to gather this information. These sources include:

• Public Databases & ID Verification Partners
• We obtain information from public databases and ID verification partners to verify your identity in accordance with applicable law.
• Credit Bureaus
• With your consent, we obtain your credit report and related information to match you with appropriate Financing Providers, verify your identity, and detect fraud. We will not disclose your credit report without your explicit permission.
• Financial Institutions
• With your consent, we obtain information directly from your financial institution, including account statements, to assist with the underwriting process. We utilize Plaid for this purpose. Plaid’s privacy policy is available at https://plaid.com/legal/#consumers.
• Joint Marketing Partners & Resellers
• Unless prohibited by applicable law, marketing partners may share information about you so that we can better understand which Services may interest you.
• Advertising Networks & Analytics Providers
• These providers supply de-identified information about how you found our Sites and how you interact with them. This information may be collected prior to account creation.
• Third-Party Service Providers
• Customers using certain products may be subject to additional third-party privacy policies.

2. How We Collect Information

Summary

We collect information directly from you, indirectly through your use of our Services, and from third parties.

2.1 During the Application Process

To process your application for financing, you may provide your business name, address, federal and state tax IDs, type of business, business location, average monthly sales, state of incorporation, amount requested and anticipated use of proceeds. You may also be required to provide your name, address, phone number, email address, and other personal information. Such information is used primarily to process your application but may also be used as otherwise described in this Privacy Policy.

2.2 Email and Telephone Communications

You provide us with an email address when you register for our Services. We use your email for both transactional purposes (e.g., application status, updates, and confirmations) and, where you have not opted out, promotional purposes (e.g., newsletters, new product offerings, and special partner offers). We may track email engagement, including whether emails are opened and which links are clicked.

We may contact you by telephone or text message, including at any wireless number you provide, in connection with our Services or for marketing purposes if you consent to receiving such communications. Banxware records, stores, transmits, and analyzes the contents of telephone calls for the purposes described in Sections 3 and 4 of this Privacy Policy.

We fully comply with the U.S. CAN-SPAM Act, the Telephone Sales Rule, the Telephone Consumer Protection Act (TCPA), and relevant state laws governing telephone and text communications. See Section 7 to learn how to opt out.

2.3 Service Providers and Technology

Banxware offers multiple ways for customers to interact with us and provides a variety of information tools to support your business financing journey. We embed videos, enable chat features, utilize AI chatbots, and deploy third-party web monitoring services. When you use these features, you may provide information to those service providers, who in turn provide that information to Banxware. To the extent possible, Banxware minimizes the data it collects and shares, anonymizes and aggregates your data, and restricts sensitive personal information from collection or use by third-party service providers.

2.4 Log Files

Each time you visit our Sites, our servers automatically gather information from your browser, including IP addresses, browser type, Internet service provider, referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer the site, prevent fraud, and track visitor activity in aggregate. We do not share log files externally.

2.5 Cookies

We use "cookies" — small files placed on your computer — to track certain information while you visit our Sites or use our Services. Cookies help us count and distinguish visitors, save user preferences, track user trends, and ensure proper operation of our Sites. Some cookies also transmit information about you to third parties. You can manage your cookie preferences through your browser settings, though disabling cookies may affect Site functionality.

2.6 Web Beacons

"Web beacons" (also known as "clear gifs" or "pixel tags") are small transparent graphic images used in conjunction with cookies to personalize our Sites and collect limited information about our visitors. We may also use web beacons in email communications to understand customer behavior. We do not link web beacons to personally identifiable information.

2.7 Other Sources

We may obtain information about you from third parties and combine it with information we already have about you to create tailored recommendations and advertising. Any information obtained from a third party will be used to assist in matching your business with appropriate Financing Providers and to improve your experience on our platform. Our Sites contain links to websites maintained by third parties who are solely responsible for their own privacy practices.

3. How We Use Your Information

Summary

We use your information to operate our marketplace, match you with financing offers, comply with legal obligations, and improve our services.

3.1 Operating the Banxware Marketplace

We process your personal information to provide the Services to you, including presenting you with business financing offers from Financing Providers in our marketplace. When you seek business financing, we require identification, contact, financial, and business information as requested by our Financing Providers in order to match you with appropriate offers.

3.2 Artificial Intelligence and Machine Learning

As part of offering our Services, Banxware has developed its own Artificial Intelligence ("AI") and Machine Learning ("ML") datasets and models and also utilizes vendors who employ AI and ML models. Your information may be processed using these models. As part of Banxware’s commitment to responsible AI development, we have committed to ensuring that our use of AI and ML conforms with all applicable laws, regulations, and ethical standards.

3.3 Service Communications

We send administrative and account-related information to keep you updated about our Services, inform you of relevant security issues or updates, and provide transaction-related information. You may not opt out of receiving critical service communications sent for legal or security purposes.

3.4 Customer Service

We process your personal information when you contact us to resolve questions, disputes, collect fees, or troubleshoot problems. Without processing your personal information for such purposes, we cannot respond to your requests or ensure your uninterrupted use of the Services.

3.5 Research and Development

We process your personal information to better understand the way you use and interact with Banxware’s Services, and to customize, measure, and improve our Services, content, and application layouts. We also use such information to develop new services.

3.6 Personalization

We process your personal information to provide a personalized experience and implement your requested preferences. You may choose to provide us with access to certain personal information stored by third parties to enhance your experience.

3.7 Corporate Transactions

We may process information regarding your account and use of our Services in connection with corporate acquisitions, mergers, or other corporate transactions. You have the option of closing your account if you do not wish to have your personal information processed for such purposes.

3.8 Legal and Regulatory Compliance

Most of our core Services are subject to laws and regulations requiring us to collect, use, and store your personal information in certain ways. For example, Banxware must identify and verify customers in order to comply with commercial lending laws across jurisdictions, including anti-money laundering and Know-Your-Customer (KYC) requirements.

3.9 Enforcing Our Agreements

Banxware handles sensitive identification and financial data, so we actively monitor, investigate, prevent, and mitigate potentially prohibited or illegal activities, enforce our agreements with third parties, and prevent and detect violations of our Terms of Use and other agreements.

3.10 Fraud Detection and Prevention

We process your personal information to help detect, prevent, and mitigate fraud and abuse of our Services, and to protect you against account compromise or information loss.

3.11 Quality Control

We process your personal information for quality control and staff training to ensure we continue to provide accurate information and high-quality services.

3.12 Network and Information Security

We process your personal information to enhance security, monitor and verify identity or service access, combat spam or malware, and comply with applicable security laws and regulations.

3.13 Anonymized and Aggregated Data

We may anonymize and aggregate your personal information and use such anonymized or aggregated data for any business purpose, including to better understand customer needs and behaviors, improve our products and services, conduct business intelligence and marketing, and detect security threats. Anonymized or aggregated data is not subject to the other provisions of this Privacy Policy.

4. How We Share Your Information

Summary

We share your information with Financing Providers in our marketplace, trusted service providers, and as required by law. We do not sell your personal information to third parties for their own marketing use.

4.1 Disclosure Required by Law

Banxware may disclose information you provide if required to do so by law, at the request of a third party pursuant to a court order, subpoena, or similar legal process, or if we, in our sole discretion, believe that disclosure is reasonable to: (1) comply with the law, requests or orders from law enforcement, or any legal process; or (2) protect or defend Banxware’s or a third party’s rights or property.

4.2 Financing Providers

As part of applying for business financing through our marketplace, you agree that Banxware will share your information with Financing Providers (lenders, banks, brokers, and other business financing providers) within our network. Please be aware that Financing Providers with whom your information is shared may retain your information even if you do not enter into an agreement for their products or services.

Upon request, Banxware will provide you with a list of those Financing Providers with whom we have shared your data as part of your application. Please contact each such party directly regarding their privacy and information policies. If you enter into an agreement with a Financing Provider and later update your information, we may share the updated information with that provider.

4.3 Other Trusted Third Parties

Except as provided in this Policy, Banxware does not share your information with third parties without your consent. In addition to Financing Providers, Banxware partners with third parties offering complementary services such as tax preparation, accounting tools, and other business services. Your information will only be shared with such parties after you have elected to pursue their services or provided explicit consent.

4.4 Service Providers and Subcontractors

Banxware shares your information with subcontractors and service providers who assist in delivering our Services. Our contracts require these providers to use your information only in connection with the services they perform for us and prohibit them from selling your information to anyone else. Types of service providers include:

• AI chatbot providers
• Email service providers
• Network infrastructure and cloud storage providers
• Transaction monitoring and security services
• Document repository services
• Customer support platforms
• Data analytics providers
• Marketing and advertising technology providers
• Internet service providers (ISPs)
• Information technology and software vendors

Where possible, Banxware contractually restricts these Service Providers from using your data to train their AI/ML models, except to refine their services for Banxware customers. We also seek commercially reasonable assurances that Service Providers anonymize, and aggregate personal information used as part of their services.

4.5 Mergers, Acquisitions, and Financing Events

Banxware may share your personal information with companies or other entities that we plan to merge with or be acquired by, or who may provide us with funding. You will receive prior notice of any change in applicable policies.

4.6 Third-Party Advertising Platforms

We may share certain personal information with third-party advertising platforms and providers when you view or interact with our advertisements on third-party websites. These companies may use information about your visits to Banxware and other websites to provide you with targeted advertising. Their use of cookies and tracking technologies may result in the creation of an online profile used to deliver personalized advertisements across platforms. See Section 8 (California Privacy Notice) for information about your opt-out rights.

4.7 Professional Advisors

We may share personal information with our professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services in order to complete financial, technical, compliance, and legal audits of our operations or otherwise comply with our legal obligations.

4.8 With Your Consent

We may share your personal information for any purpose with your explicit consent.

5. Your Information Rights: Access, Update, and Deletion

Summary

You can access, update, or request deletion of your data at any time. Certain legal obligations may require us to retain some information.

5.1 Updating Your Information

You may update or access your contact information at any time by logging into your account and making any desired changes. Updates will take effect immediately.

5.2 Deactivating Your Account

If you want to stop using your account, you may deactivate it. When you deactivate your account, your information will not be sent to any Financing Providers, but your information will not be permanently deleted. You will retain the ability to restore your account and all associated information at any time.

5.3 Deleting Your Account

You may submit a request to Banxware to delete your account. In certain circumstances, Banxware is legally required to continue to maintain the information in your account (for example, to comply with applicable lending, anti-money laundering, or other financial regulations). In such cases, Banxware will place your account in a deactivated status, opt you out of all communications, and disable your access to the account while retaining the data as required by law.

Where Banxware is able to comply with a deletion request, data you provided will be retained in a commercially reasonable manner for the period required by applicable law. After deletion, Banxware will not share your information and will use retained data only for internal research and as required by law.

5.4 Data Retention

We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including to satisfy legal, accounting, or reporting obligations. Typical retention periods include:

• Personal information collected to comply with financial, consumer protection, and commercial credit laws: retained after account closure for the period required by applicable law
• Contact information for marketing purposes: retained until you unsubscribe, after which it is added to a suppression list
• Content posted on our platforms (support comments, etc.): may be retained after account closure for audit and fraud prevention purposes
• Recordings of telephone calls: retained for up to six (6) years
• Information collected via cookies and similar technologies: retained for up to one (1) year from expiry of the cookie

6. Data Security

Summary

We employ industry-standard security measures to protect your information. No method of transmission over the Internet is 100% secure.

We employ commercially reasonable security measures to protect your information from loss, misuse, and unauthorized access or alteration. These measures include industry-standard encryption methods, strict administrative access controls to site data, and other proprietary security measures applied to all repositories and transfers of user information.

Banxware maintains a SOC 2 certification evidencing our commitment to securing your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we exercise reasonable care in providing secure transmission of information, we cannot guarantee the security of any information transmitted over the Internet.

In the event of a suspected breach of the security of your personal information, we will, to the extent required by law, notify you promptly so you can take appropriate protective steps. We encourage you not to share your account login credentials with any other individual.

7. Your Communications Choices / Opt-Out

Summary

You can opt out of marketing emails and certain other communications at any time.

You may stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in those emails, or by contacting us at privacy@banxware.com.

You can choose not to provide us with certain information, but this may result in your inability to use certain features of the Sites or obtain the Services you are seeking.

If, after signing up for our Services, you decide you no longer wish to receive communications from Financing Providers or other third parties to which your information has been referred, you may cancel your account as described in Section 5. Upon cancellation, your information will no longer be sent to Financing Providers or other third parties. Please note that this does not guarantee that existing contacts will cease contacting you; you should reach out to them directly.

Certain federal and state regulations require that we maintain a record of your information for specific periods of time. Due to these regulations, we may be unable to completely delete your information from our database until the applicable time requirements have expired.

We reserve the right to send you certain communications relating to the Banxware Services, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them.

8. California Privacy Notice

Summary

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).

The information in this section applies solely to individuals who reside in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 and California Privacy Rights Act of 2020 (together, the "CCPA"). Any terms defined in the CCPA have the same meaning when used in this Section.

8.1 Categories of Personal Information We Collect

Banxware may collect, or has collected, the following categories of personal information from California residents within the last twelve (12) months:

CategoryExamplesIdentifiersFull name; email address; phone number; home address; social security number; driver’s license; passport or other government-issued ID; password and account credentials; Employer Identification NumberPersonal Information (Cal. Civ. Code § 1798.80(e))Name; phone number; home address; signature; social security number; driver’s license; payment card information; bank account informationInternet or Electronic ActivityCookie identifiers; pixel tags; IP address; device type; operating system; browser type; screen resolution; geolocation data; browsing history; pages visited; links clickedProtected Classification CharacteristicsDate of birth; demographic information (e.g., nationality, gender)Commercial InformationPayment histories; account balances; products and services purchased or considered; profit and loss statements; credit score and credit report informationGeolocation DataGlobal Positioning System (GPS) data based on IP addressAudio, Electronic, or Visual InformationPhotographs; recordings of customer service callsProfessional or Employment-Related InformationOffice location; job title; description of roleInferencesInferences drawn from personal information to create profiles reflecting preferences, characteristics, behavior, and aptitudes

Sensitive personal information we may collect includes: social security number; driver’s license or state ID; passport number; account log-in combined with security credentials; precise geolocation; racial or ethnic origin; and personal information concerning sex life or sexual orientation (to the extent disclosed).

We will not retain personal information for longer than is reasonably necessary for the disclosed purpose of collection. Our determination of retention periods is based on: (i) the length of our ongoing relationship with you; (ii) legal obligations to which we are subject; and (iii) advisability in light of our legal position.

8.2 Uses of Personal Information

Banxware may collect, use, or disclose personal information about California residents for the purposes listed in Section 3 of this Privacy Policy. Sensitive personal information may be used for any of these purposes.

8.3 Sources of Personal Information

Banxware may collect personal information about California residents from the categories of sources described in Sections 1.3 and 2 of this Privacy Policy.

8.4 Disclosure and Sale/Sharing of Personal Information

We may disclose your personal information to the categories of service providers and third parties identified in Section 4 of this Privacy Policy. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to maintain confidentiality and use the information only to perform the contract.

In addition, Banxware "sells" or "shares" certain personal information, as those terms are defined by the CCPA, for purposes of cross-contextual behavioral advertising. Specifically, Banxware partners with third-party advertising platforms to manage our marketing on other platforms, where advertising is based on your past visits to our Sites and Services. In the last twelve (12) months, we have sold/shared the following categories of personal information for this purpose:

• Identifiers
• Internet or other electronic network activity information
• Personal information categories listed in Cal. Civ. Code § 1798.80(e)

8.5 Your California Privacy Rights

California residents have the following rights under the CCPA, subject to certain exceptions:

• Right to Know
• Up to twice per 12-month period, you may request information about the categories and specific pieces of personal information we collect, use, disclose, and/or sell about you.
• Right to Delete
• You may request deletion of personal information we have collected from you, subject to certain exceptions.
• Right to Opt-Out of Sale or Sharing
• You may opt out of the “sale” or “sharing” of your personal information for cross-contextual behavioral advertising purposes. See Section 8.6 for instructions.
• Right to Limit Use and Disclosure of Sensitive Personal Information
• You may limit our use or disclosure of sensitive personal information to only those purposes necessary to provide our Services.
• Right to Correct
• You may request correction of inaccurate personal information we maintain about you.
• Right to Non-Discrimination
• You have the right not to receive discriminatory treatment for exercising any of the rights described above.

How to Submit a Request: You may exercise your rights by contacting us at privacy@banxware.com, by calling us at (855) 853-6346, or by submitting a request through our website.

Verification: Any request you submit is subject to an identity and residency verification process. To verify your identity, you must provide your first name, last name, and email address.

Authorized Agents: California residents may designate an authorized agent to make requests on their behalf, provided that the agent submits proof of authorization or a valid power of attorney pursuant to California Probate Code sections 4000–4465.

Response Time: We will respond to your verified request within forty-five (45) days of receipt. We may extend this period by an additional forty-five (45) days when reasonably necessary, provided we notify you within the initial forty-five (45)-day period.

Household Data: We do not knowingly collect information from individuals under the age of 18 and cannot comply with requests from such individuals.

8.6 Notice of Right to Opt-Out

As detailed in Section 8.4, Banxware sells/shares limited personal information for purposes of cross-contextual behavioral advertising. If you wish to opt out, please contact us at privacy@banxware.com or through our online opt-out mechanism on our website.

8.7 California Shine the Light Law

Banxware does not disclose personal information to third parties for their own direct marketing purposes without your consent. California residents may request information regarding such practices by emailing privacy@banxware.com.

9. Special Notice to Vermont Residents

In accordance with Vermont law, we will not share information we collect about Vermont residents to companies outside of Banxware except: (1) as permitted by law; (2) to companies that perform marketing or other services on our behalf; (3) name, contact, transaction, and experience information to other financial institutions with which we have joint marketing agreements; or (4) with the authorization or consent of the Vermont resident. We also will not share non-transactional information about Vermont residents received from others within the Banxware family of companies except with the authorization or consent of the Vermont resident.

10. Protecting Children’s Privacy

Our Sites are general-audience websites. We do not knowingly collect personal information from children under the age of 18. If you are under the age of 18, please do not use our Sites. If we become aware that information provided to us is from an individual younger than 18 years of age, we will delete, aggregate, or anonymize such information as soon as possible. Please notify us at privacy@banxware.com if you know of any individual under the age of 18 using our Services so we can take appropriate action.

11. Notification of Privacy Policy Changes

We reserve the right to update this Privacy Policy at any time. If we make material changes, we will notify you by email (at the address associated with your account) or by means of a prominent notice on our Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. The effective date at the top of this Policy will be revised when we make changes.

12. Contact Us

If you have any questions about this Privacy Policy or wish to exercise any of your privacy rights, please contact us:

Banxware Corp.
225 West 34th Street, 9th Floor
New York, NY 10122

Email: privacy@banxware.com