Introduction

On Deck Capital, Inc., ODK Capital, LLC, and its parents, subsidiaries, and affiliates doing business under the OnDeck brand (collectively, “OnDeck,” “we,” “our,” or “us”) respect the privacy of your information.

This Privacy Policy is designed to assist you (any individual or business using this website and/or our Services) in understanding how we collect, use, share, and safeguard your information. This Privacy Policy applies to individuals who access this website and our mobile application (collectively, “Site”) and the products and services we provide (collectively, “Services”). Please also see our Terms of Use for information about how we use your information.

By using our Site or Services, you consent to all terms of this Privacy Policy and to our collection, processing and sharing of Personal Information (as defined below) for the purposes set forth herein. If you do not agree to this Privacy Policy, you may not access or otherwise use the Site or Services. We may revise this Privacy Policy at any time at our sole discretion. If we make material changes to this Privacy Policy, we will notify you as required by applicable law. We will post any Privacy Policy revisions on this web page, and the revised version will be effective immediately when it is posted.

1. Information We Collect

We collect Personally Identifiable Information from you through your use of the Site and Services. “Personally Identifiable Information” is individually identifiable information about an individual that we collect online when they seek our Services on behalf of their business and that we maintain in an accessible form. We collect the following types of Personally Identifiable Information:

Information You Provide

We may collect the following Personally Identifiable Information that you voluntarily provide to us in using our Site and Services:

• Apply for Financing. To apply for financing with us, you will create an account with us and provide us with your name, email address, telephone number, and you will create a password for future logins. You will also provide us with your physical address, Social Security number, business information including business name, size, and type, and financial information including bank statements, credit card statements, average bank balance, personal and business credit history, payment behavior, bank account information, and tax identification number. We may also collect other information about you during the application process and while you have an account with us, including, but not limited to, your beneficial ownership information.^*
• Chat. If you use our chat feature, you will provide your name, phone number, and any other information you choose to provide in your message. Genesys provides our chat feature and may collect, record, and store the information you provide in the chat. Please review Genesys’ privacy policy available here.
• Feedback. During your interaction with us, any feedback you provide to us of any kind, including but not limited to reviews, comments, suggestions, ideas, survey responses, and other communications or opinions made via any medium (“Feedback”).

^*When required in the U.S., we will collect information on the beneficial owners of our business customers for purposes of verifying their identity only. The U.S. Government implemented the beneficial ownership regulation to help deter financial crimes. By complying, we are doing our part in upholding the regulation to protect the financial system. Pursuant to our privacy policies and procedures, we will maintain beneficial ownership information in our system of record.

Information as You Navigate Our Site

We automatically collect certain Personally Identifiable Information through your use of the Site and Services, such as the following:

• Usage Information. For example, the pages on the Site you access, the frequency of access, and what you click and view while on the Site.
• Device Information. For example, IP address, device ID, hardware model, operating system, application version number, and browser.
• Mobile Device Information. Information about whether the Site is accessed via a mobile device or tablet, the device type, and the carrier.
• Location Information. Location information from Site visitors on a city-regional basis.

Third Party Information

In some cases, we may receive certain Personally Identifiable Information from you about a third party. For example, as part of our chat feature, you may provide the name and phone number of a third party. If you submit any Personally Identifiable Information about another individual to us, you are responsible for making sure you have the authority to do so and to allow us to use their Personally Identifiable Information in accordance with this Privacy Policy.

Third Party Sources

To provide our Services, we may receive Personally Identifiable Information about you from third parties such as credit reporting agencies, identity verification and fraud detection providers, and the government. We may also receive Personally Identifiable Information about you from one of our partners, such as a loan broker or a lead generation partner.

2. How We Use Your Information

We use the Personally Identifiable Information we collect to provide the Services to you, to improve our Site and Services, and to protect our legal rights. In addition, we may use the Personally Identifiable Information we collect to:

• Compile, save, use, and analyze your Personally Identifiable Information in both a personally identifiable form and as part of aggregated data;
• Operate, maintain, improve, and provide to you the Services and to conduct our business activities, including our own credit products and referring you to third party small business lenders;
• Verify your identity and conduct appropriate due diligence;
• Register you as a user and identify you when you sign into your account;
• Process your business’ application and determine whether or not your business qualifies for our products;
• Service your business product account, including deducting automatic payments;
• Communicate with you regarding your account, respond to customer service requests, send marketing communications, and send account update notifications;
• Review and reshare your Feedback;
• Conducts tests, research and analyses to better understand our customers;
• Communicate with you about our Site or Services or to inform you of any changes to our Site or Services;
• Provide support;
• Maintain and improve our Site and Services;
• Protect the security and integrity of our Site and Services;
• Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Use, and to otherwise fulfill our legal obligations;
• Monitor compliance with and enforce this Privacy Policy and any other applicable agreements and policies;
• Defend our legal rights and the rights of others;
• Fulfill any other purposes for which you provide it, or any other purpose we deem necessary or appropriate;
• Efficiently maintain our business;
• Comply with applicable law;
• Produce data analytics and reports containing de-identified summaries of Personally Identifiable Information and other information that is not Personally Identifiable Information (such information, “General Information”) that we share with business partners. General Information may include Personally Identifiable Information that has been aggregated and will not identify you.

3. How We Share Your Information

We may share the information that we collect about you in the following ways:

• As a subsidiary of Enova International, Inc. (“Enova”), with Enova or its subsidiaries;
• Third-party lenders, loan brokers, lead generation partners, and other business partners;
• With vendors who perform data or Site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
• With vendors to prepare, deploy and analyze advertising content;
• To the extent that we are required to do so by law;
• In connection with any legal proceedings or prospective legal proceedings;
• To establish, exercise, or defend our or a third party’s legal rights, including providing information to others for the purposes of fraud prevention;
• With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personally Identifiable Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personally Identifiable Information;
• With any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition, bankruptcy, liquidation, or similar proceeding, or in preparation for any of these events;
• With any other person or entity where you consent to the disclosure; and
• For any other purpose disclosed by us when you provide the Personally Identifiable Information, or for any other purpose we deem necessary, including to protect the health or safety of others.

Sharing excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

4. Cookies and Other Tracking Technologies

How We Use Cookies

Like many other companies, we use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”). Cookies are small files of information that are stored by your web browser software on your computer, mobile or other devices (e.g., smartphones or tablets).

We use Cookies to:

• Estimate audience size and usage patterns;
• Understand and save your preferences for future visits, allowing us to customize the Site and Services to your individual needs;
• Advertise new content and services that relate to your interests;
• Keep track of advertisements and search engine results;
• Compile aggregate data about site traffic and site interactions to resolve issues and offer better site experiences and tools in the future; and
• Recognize when you return to the Site.

We set some Cookies ourselves, while separate entities set other Cookies. We use Cookies other entities set to provide us with useful information, to help us improve our Site and Services, to conduct advertising, and to analyze the effectiveness of advertising. For example, we use Cookies from Google, Facebook and other similar companies.

How You Can Opt Out of Cookies

You can block Cookies by changing your Internet browser settings. You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.allaboutcookies.org.

Platform Controls

You can opt out of Cookies set by specific entities by following the instructions found at these links:

• Adobe: https://www.adobe.com/privacy/opt-out.html
• Google: https://adssettings.google.com
• Facebook: https://www.facebook.com/about/ads
• LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
• Mixpanel: https://help.mixpanel.com/hc/en-us/articles/360001113426-Opt-Out-of-Tracking

Advertising Industry Resources

You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

Please note these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here.

FullStory

We use a third-party analytics provider, FullStory, Inc., to enable us to monitor and improve the user experience. FullStory uses cookies and similar technologies to collect information, such as IP address, referring URL, device information (e.g., operating system), and information on user behavior (e.g., pages visited, links clicked, information entered, and mouse movements). For further details, please see FullStory’s privacy policy available here. To opt out, FullStory provides this link.

LiveRamp Authenticated Traffic Solution

When you use our website, we share information that we collect from you, such as your email (in hashed form), IP address, or information about your browser or operating system, with our identity partners/service providers, including LiveRamp. These partners return an online identification code that we may store in our first-party cookie for our use in online, in-app, and cross-channel advertising, and it may be shared with advertising companies to enable interest-based and targeted advertising. To opt out of this use, please click here.

Other Types of Collecting Activities

The Site and Services may use Cookies and similar technologies third-party vendors provide to collect information on user behavior (e.g., screens and pages visited, buttons and links clicked, limited information entered, and user taps and mouse movements). This information enables us to monitor and improve the user experience.

5. Opt-Out Preference Signals

The Site recognizes the Global Privacy Control (“GPC”) signal. If you are using a browser setting or plug-in that sends an opt-out preference signal to each website you visit, we will treat that as a valid request to opt out and this will be indicated in the banner notice that appears when you visit our website. You can manually indicate your preferences via the Do Not Sell or Share My Personal Information feature, which is located at the bottom of the Site. To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

6. Choices About Your Information

Review and Request Changes to Your Information

You may use your account to access, correct, or view certain Personally Identifiable Information we have collected and which is associated with your account. To review or request changes to any of your Personally Identifiable Information, please contact us at customerservice@ondeck.com or by writing to us at the address identified below in Section 13 titled How to Contact Us.

Marketing Communications

To unsubscribe from our marketing emails, please click the unsubscribe link included in the footer of our emails. You may also access the email preferences in your account settings page, submit a request to us at optout@ondeck.com, or write to us at the address identified below in Section 13 titled How to Contact Us.

Blog/Forum

Our Site offers publicly accessible blogs or community forums. To request removal of your Personally Identifiable Information from our blog or community forum, please contact us at optout@ondeck.com or write to us at the address identified below in Section 13 titled How to Contact Us.

Testimonials

We display personal testimonials of satisfied customers on our Site 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 at optout@ondeck.com or write to us at the address identified below in Section 13 titled How to Contact Us.

7. Security

We maintain commercially reasonable security measures to protect the Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security. If you allow us to see your banking information online rather than in paper form, it is on a read-only basis. We do not have access to change, edit, or modify bank account information in any way. OnDeck employees cannot view your banking username or passwords.

8. Third Party Links

The Site and Services may contain links that will let you leave the Site and Services and access another website. Linked websites are not under our control. Except as stated below, this Privacy Policy applies solely to Personally Identifiable Information in relation to your use of our Site and Services. We accept no responsibility or liability for these other websites.

9. Children’s Privacy

The Site and Services are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13.

If you learn that a child has provided us with personal information, please contact us as set forth below in Section 13. If we learn that we have collected any information in violation of applicable law, we will promptly take steps to delete such information and terminate the child's account or access, as applicable.

10. Notice to Nevada Residents

Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt out of sales and we will record your instructions and incorporate them in the future if our policy changes. You may send opt-out requests to OnDeck_Privacy@enova.com.

11. Notice to California Residents

The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”

If you are a California resident and a current or former employee, job applicant, or independent contractor of ours, please see our privacy notice available here for more information on our collection and use of your Personal Information in that capacity.

Notice at Collection of Personal Information

We currently collect and, in the 12 months prior to the Last Updated date of this Privacy Policy, have collected the following categories of Personal Information:

• Identifiers (name, postal address, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or biometric information)
• Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology)
• Telephone number
• Signature
• Bank account number
• Other financial information, including bank statements, credit card statements, average bank balance, personal and business credit history, payment behavior, and tax identification number
• Internet or other electronic network activity information (browsing history; search history; and information regarding consumer’s interaction with website, application or advertisement)
• Geolocation data
• Commercial information (records of personal property and personal credit information)
• Professional or employment-related information (including employment history)
• Characteristics of protected classifications under California or federal law (age 40 and older)
• Audio or similar information (recordings for monitoring and training purposes)
• Inferences drawn from above information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, behavior, and abilities

We collect Personal Information directly from California residents and from agents, referral partners, brokers, and credit reporting agencies. We do not collect all categories of Personal Information from each source.

In addition to the purposes stated above in the Section “How We Use Your Information” we currently collect and have collected the above categories of Personal Information for the following business or commercial purposes:

• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards
• Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes
• Debugging to identify and repair errors that impair existing intended functionality
• Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us, provided that your Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us
• Performing Services, including maintaining or servicing accounts, providing customer service, processing transactions, verifying customer information, providing financing, or providing similar services
• Providing advertising and marketing services, except for cross-context behavioral advertising, to you provided that, for the purpose of advertising and marketing, our service providers and/or contractors shall not combine the Personal Information of opted-out consumers that the service provider or contractor receives from us, or on our behalf with Personal Information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with you
• Undertaking internal research for technological development and demonstration
• Undertaking activities to verify or maintain the quality or safety of a Service and to improve, upgrade, or enhance our Services
• Advancing our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or Services, or enabling or effecting, directly or indirectly, a commercial transaction

Sale, Sharing, and Disclosure of Personal Information

The CCPA defines “sale” as the transfer of Personal Information for monetary or other valuable consideration. Although we do not “sell” Personal Information as that term may be commonly interpreted, we engage in online activities that may constitute a sale or a share of Personal Information under California law. This may include showing you advertisements on other websites.

The following table identifies the categories of Personal Information that we sold or shared to third parties in the 12 months preceding the Last Updated date of this Privacy Policy and, for each category, the categories of third parties to whom we sold or shared Personal Information:

We sold or shared Personal Information to third parties to advance our commercial and economic interests.

The following table identifies the categories of Personal Information that we disclosed for a business purpose in the 12 months preceding the Last Updated date of this Privacy Policy and, for each category, the categories of recipients to whom we disclosed Personal Information.

We disclosed Personal Information for the following business or commercial purposes:

• Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes
• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling transactions, verifying customer information, processing payments, and providing financing
• Advancing our commercial or economic interests

We do not knowingly collect, sell, or share the Personal Information of consumers under 16 years of age. We do not collect or process sensitive personal information for the purpose of inferring characteristics about individuals.

Retention of Personal Information

We retain your Personal Information for as long as your account is active or as necessary to fulfill the purposes for which we collect it, such as to provide you with the product or Service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.

Your Rights

If you are a California resident, you have the following rights with respect to your Personal Information:

1. The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which we collected Personal Information, the business or commercial purpose for collecting, selling or sharing Personal Information (if applicable), the categories of third parties to whom we disclose Personal Information (if applicable), and the specific pieces of Personal Information we collected about you;
2. The right to delete Personal Information that we collected from you, subject to certain exceptions;
3. The right to correct inaccurate Personal Information that we maintain about you;
4. If we sell or share Personal Information, the right to opt out of the sale or sharing;
5. If we use or disclose sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
6. The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.

How to Submit a Request to Know, Delete, and/or Correct

You may submit a request to know, delete, and/or correct by emailing us at OnDeck_Privacy@enova.com or by calling us toll free at 1-888-994-1389.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.

We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable.

For requests to access categories of Personal Information and for requests to delete or correct Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion or correction, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.

For requests to access specific pieces of Personal Information or for requests to delete or correct Personal Information that is sensitive and poses a risk of harm by unauthorized deletion or correction, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information you previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, we may request that you submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

To verify your request, we will match the personal information you submit with the information we have about you. If we cannot conclude your information matches what we have, you may be directed to contact us with further instructions to assist us in responding to your request. To verify your request, we may ask you to submit the following information:

• Your first and last name;
• The last 4 digits of your Social Security number;
• Your date of birth; and
• The name of your business

Right to Opt Out of Sale or Sharing of Personal Information

If you are a California resident, you have the right to direct us to stop selling or sharing your Personal Information.

You may submit a request to opt out of sales or sharing by clicking on our website footer feature titled: “Do Not Sell or Share My Personal Information.” If you have enabled privacy controls on your browser (such as a plugin), we will also treat that as a valid request to opt out.

Shine the Light Law

We do not disclose Personal Information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

12. Accessibility

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

13. How to Contact Us

To contact us for questions or concerns about our privacy policies or practices please email us at customerservice@ondeck.com or write to us at:

OnDeck
OnDeck Client Service Center
4700 W. Daybreak Pkwy., Suite 200
South Jordan, UT 84009

1 (888) 556-3483
Monday - Friday 8 a.m. - 6 p.m. CST