YOUR PRIVACY RIGHTS

Your Privacy Rights

EFFECTIVE DATE: [JANUARY 25, 2019]

Worldpay Working Capital, powered by Liberis (“Liberis” or the “Company”) recognizes, respects and protects the personal privacy rights of all our customers and works diligently to safeguard your privacy. We are committed to providing security and privacy regarding the collection and use of our customers’ personal information, as well as the personal information of all consumers who visit our institution.

Liberis Online Privacy Policy

Liberis, Inc. takes your privacy seriously. This Online Privacy Policy explains how the Company gathers and processes your personal information in compliance with the relevant data protection regulations, laws and guidance. Together with our Website Terms and Conditions, this policy provides you with important information regarding your rights and obligations, and explains how, why and when we collect and process your personal data. Please read this Online Privacy Policy carefully before using our website or registering to use our products or services. By visiting www.liberisfinance.com you are accepting and consenting to the practices described in this Online Privacy Policy.

References in this Online Privacy Policy and on our website to “we,” “our” or “us” are references to Liberis. References to “you” and “your” mean each natural or legal person who uses our website or the associated products or services and also includes the owners, executive officers, senior managers and general partners of any business that requests or receives products or services from Liberis, and any other individuals who perform similar functions (the “Principals”). References to the “business” mean the individual, corporation, association, partnership, limited liability company, estate, trust, or any other entity that applies for or obtains products and services from Liberis.

1. What Information Do We Collect?

Liberis processes your personal information to meet our legal, statutory, and contractual obligations and to provide you with our products and services. We will never intentionally collect any unnecessary personal data from you and do not process your information other than as specified in this Online Privacy Policy.

The types of personal information that we collect depends on the products and services you request and use. This information may include, for each Principal who is an individual:

• Name
• Percentage of ownership in the business
• Home street address
• Telephone number
• Email address
• Social security number
• Date of birth

We may also require written authorization from each Principal to obtain consumer credit reports.

We may also require the business to provide its name, postal and email addresses, and telephone numbers; type of entity such as corporation, LLC, partnership, or sole proprietorship; Employer Identification Number; the date the business was started; its bank and routing number and account number; its bank statements and its management and/or audited accounts.

We may require the business to provide its acquirer Merchant ID(s), the purpose for which it is requesting funding, its current and historical card takings, and chargeback and refund data, as well as its Merchant Category Code(s) and/or industry type.

We may require other reports such as credit, fraud and Office of Foreign Asset Control (“OFAC”) reports on each Principal.

We may require confirmation that the business is continuing to take payments through the card terminal(s) provided to us.

2. How we collect information

We may collect any personal information that you provide to us voluntarily, for example by completing a form on any of our websites or in hard copy, by taking part in survey, a phone or social media conversation, or by emailing us, or by permitting us to obtain information about you from a third party.

Our systems may automatically record information about your website usage, such as your browser type (e.g. Internet Explorer), operating system (e.g. Microsoft Windows), IP address (a way of identifying your internet connection) and basic information about your internet service provider. This information does not require your intervention and is used to improve our services and enhance your user experience.

For security and audit control, and to help us understand your preferences, we may also keep a record of when you access the site, which pages you visit and the actions you take on each page.

We may also collect data contained in a credit report from a consumer reporting agency (“CRA”) or from other information databases such as fraud and OFAC reporting sources.

3. How We Use Your Personal Information

3.1 Liberis takes your privacy very seriously and will disclose and use your personal information only as described in this Online Privacy Policy. You are free to opt-out of receiving email offers at any time at any time by emailing sales@liberisfinance.com or by clicking the unsubscribe link in any marketing email you receive from us. This will not unsubscribe you from critical emails required for the provision of products and services to which you have subscribed. This includes but is not limited to emails regarding payments due, payments received and payments missed. You may opt-out of future text solicitations by responding to any text with the word “STOP” and may opt-out of telephone solicitations to your residential or mobile phone by asking the caller to be placed on our do-not-call list.

3.2 Reasons we can use your personal information:

• everyday business purposes:
• To register you as a user and to provide the services you require.
• To decide whether to offer you a Liberis product or service.
• To search CRA or other database records.
• To provide you with customer support.
• To enhance the accuracy of the information that we hold about you.
• To notify you of any important changes to the site.
• To prevent potentially prohibited or illegal activities.
• To enforce our Terms and Conditions.
• To enhance your experience on our website by:
• Monitoring and improving our services and customizing our website for you.
• For marketing purposes:
• To keep you informed of any products, services or offers which might be of interest to you where you have provided your consent for us to do so.
• For internal research purposes, general website administration, and demographic and statistical analysis of our service users.

3.3 We may use your personal information to generate non-personal statistical data, for example relating to the size of our customer base and the levels of site usage. This will only be group data, such as the age range of site users, and will not include any information that could personally identify you. This may then be shared with third parties.

4. How we may share and disclose your personal information

4.1 Liberis shares your personal information with third parties as permitted by law, including in the following ways:

• Third party service providers. We may work with third party service providers, including affiliates, to support our business functions, such as facilitating electronic fund transfers and offering customer service. For example, we will work with companies that we partner with to provide services to you, and companies that we work with to collect information about your card transactions. Liberis may share your personal information, including credit reports, with such companies, but all service providers acting on our behalf will only process your data in accordance with instructions from us and will comply fully with relevant data protection laws and any other appropriate confidentiality and security measures.
• Credit reporting agencies. Liberis may share personal information about you with CRAs or other data-collection organizations to meet our reporting obligations.Other affiliates and third parties. We may also share your personal information, other than credit reports, with affiliates and third parties that are not affiliated with us for any legitimate purpose permitted by applicable law.

4.2 We may also share aggregated and anonymized data sets based on your personal information with third parties that does not reasonably identify you directly as an individual.

5. Cookies and Similar Technologies

5.1 Our website may use cookies to store information about your site usage. A cookie is a small text file that is sent to your browser from a web server and then stored on your hard drive. Cookies enable us to recognize your computer and record information from your visits to the site, such as your preferred settings. This saves you having to re-enter the same data each time you use the site and allows us to provide you with a more customized experience.

5.2 We may also use cookies and analytical software to collect anonymous data for internal research purposes, including without limitation:

• To monitor site usage
• To keep an audit trail.
• To understand visitors’ browsing habits.
• To analyze trends and demographic statistics.
• To compile statistical reports.

5.3 Most internet browsers accept cookies by default; however, you can usually change your browser settings to reject cookies if you would prefer not to receive them. If you choose not to receive our cookies you will not be able to receive any personalized features and you may not be able to benefit from all our services.

5.4 Currently our website does not respond differently or limit practices under the terms of this Online Privacy Policy when you access our online services with a browser that uses a do not track signal or similar mechanism.

6. Information Security

6.1 The security of your personal information is very important to Liberis. We use physical, electronic, and administrative safeguards that are designed to protect your Personal Information from loss, misuse and/or unauthorized access, disclosure, alteration and destruction.

We have several layers of security measures in place to protect your information, including:

• An up-to-date anti-virus software to protect against viruses damaging data and infrastructure,
• Periodic review of our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems,
• Housekeeping measures by regular backups, encryption, and network domain policy.

In addition, Liberis uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as credit card details and bank account numbers. When you enter sensitive Personal Information such as your bank account number on our site, we encrypt it using Secure Socket Layer (SSL) technology.

6.2 Liberis is also committed to reducing risks of human error, theft, fraud, and misuse of its facilities. The Company’s efforts include training employees on security policies and procedures as well as implementation of such policies and procedures. Liberis employees are required to maintain the confidentiality of services data. Employees’ obligations include written confidentiality agreements, regular training on information protection, and compliance with company policies concerning protection of confidential information.

7. Protecting Children’s Privacy Online

Liberis’s website is not directed to individuals under the age of eighteen (18). We request that individuals under the age of eighteen do not provide Personal Information through our website. In the unlikely event that we learn that information from such individuals has been collected, we will immediately remove that information from our databases. The Company does not knowingly collect, use, or disclose personal information from or to children under age 13 without obtaining written, verifiable consent from a parent or legal guardian. For more information on the Children’s Online Privacy Protection Act, please visit the Federal Trade Commission website: http://www.ftc.gov/opa/reporter/privacy/coppa.shtml.

8. Using other websites

8.1 Our websites may contain links to web sites which are owned or controlled by parties other than Liberis Inc. These links are provided for your convenience and do not imply that we have reviewed or condone the third-party sites, their content, or their privacy policies.

8.2 When using other websites, you must be aware that any personal information you supply will be handled according to their privacy policies. We recommend that you read and consider these website’s privacy policies and terms and conditions before providing any of your personal information. Liberis is not responsible for privacy practices or content on third-party websites.

8.3 Our websites may also automatically transfer you to a third party site in order to fulfil the services we provide to you. In such cases, we will carry out due diligence to ensure third parties have the appropriate data protection requirements in place.

8.4 When you access the linked third party websites you do so at your own risk. These sites may place their own cookies or other files on your computer, or collect data or solicit personal information from you. Liberis is not liable for any misuse of your information or other misconduct by the third party.

9. Changes to this Online Privacy Policy

9.1 We may amend or update this Online Privacy Policy periodically to reflect the changes in our business and practices. The revised policy will be posted on our website. Any changes will become effective immediately upon posting to our website.

For questions, contact us at sales@liberisfinance.com ,or call us at (844) 754-2370.

10. Your California Privacy Rights

10.1 California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to sales@liberisfinance.com. Please note that we are only required to respond to one request per customer each year. We will not sell or share your Personal Information with non-affiliated companies for their direct marketing purposes without your consent.