Privacy Policy

Effective as of July 6, 2023

Last Updated July 6, 2023

Introduction

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 (the “Privacy Policy”) is designed to assist you in understanding how we collect, use, share,
and safeguard your information. This Privacy Policy applies to individuals who access this website (“Site”) and the services
provided through our Site (collectively, “Services”).

Privacy Policy Modifications

We may modify this Privacy Policy from time to time, without advance notice to you. The most current version of this Privacy Policy will be posted to this Site.
If we make changes to the Privacy Policy that we determine, in our sole discretion, are material, we will notify you either via email (if one has been provided),
or by posting a notification on the Site. Once posted, the modifications to the Privacy Policy will be effective immediately.
By continuing to access or use the Site after changes have become effective, you agree to be bound by the terms of the revised Privacy Policy.
If you do not agree to be bound by the terms of the revised Privacy Policy, please do cease your use of the Site.

This Privacy Policy covers the following topics:

  1. Information We Collect Online
  2. How We Use Your Information
  3. How We Share Your Information
  4. Cookies and Other Tracking Technologies
  5. Opt-Out Preference Signals
  6. Choices About Your Information
  7. Security
  8. Third Party Links
  9. Children’s Privacy
  10. Notice to California Residents
  11. Accessibility
  12. How to Contact Us

1. Information We Collect Online

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 access
the Site 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:

  • Undergo due diligence. Before entering into a business relationship,
    we collect documentation pertaining to the soundness and compliance status of that business which may include Personally Identifiable Information of
    the business owner such as name, date of birth, home address, email address, last four digits of Social Security Number,
    as well as non Personally Identifiable Information such as business contact details, proof of insurance, broker license,
    business tax ID, and other information.*
  • Register for an account via the Site. In order to use the Site, you will create an account with us and provide us with your
    first and last name and email address.

*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 on while on the Site.
  • Device Information. For example, hardware model, operating system, application version
    number, and browser.
  • 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, in our Site, 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 for non-customer Personally Identifiable Information and in accordance with our
Customer Privacy Policy for customer Personally Identifiable Information.

2. How We Use Your Information

We use the Personally Identifiable Information we collect to allow you to access the Site, 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;
  • Verify your identity and conduct appropriate due diligence;
  • Register you as a user and identify you when you sign into your account;
  • Process the customer applications you submit and determine whether or not they qualify for our products;
  • Service your account, including issuing payments;
  • Communicate with you regarding your account and applications you’ve submitted;
  • 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, 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 that we partner with;
  • With vendors who perform data or Site-related services on our behalf (e.g., email, hosting,
    maintenance, backup, analysis, etc.);
  • 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.

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 hard drive, 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;
  • 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 and to help us improve our Site and Services.
For example, we use Cookies from Google 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:

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, 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.

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 link at the bottom of the website. 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 smbbd@enova.com or write to us at:

Enova SMB
Business Development
4700 W. Daybreak Pkwy., Suite 200
South Jordan, UT
84009

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.

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 that is acquired by us on this 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.

10. 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.”

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, last four digits of Social Security Number)
  • 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 tax identification number
  • Internet or other electronic network activity information (browsing history; search history; and information regarding website interaction)
  • Geolocation data
  • Professional or employment-related information
  • Characteristics of protected classifications under California or federal law (age 40 and older)
  • Audio or similar information (recordings for monitoring and training purposes)

 

We collect Personal Information directly from our business partners who are California residents.

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:

  • Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes
  • Entering into and fulfilling the obligations of our business partner relationships
  • Debugging to identify and repair errors that impair existing intended functionality
  • Performing services, including maintaining or servicing accounts, processing transactions, and verifying information
  • Undertaking activities to verify or maintain the quality or safety of a service and to improve, upgrade, or enhance the service
  • 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.

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:

Category of Personal Information Categories of Third Parties
Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad
identifiers, or other similar technology)		 Enova and subsidiaries; data analytics provider, data storage providers; security, anti-fraud, and verification providers

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.

Category of Personal Information Categories of Recipients
Identifiers (name, postal address) Enova and subsidiaries; business partners; lenders; data storage providers; mailing providers; security, anti-fraud, and verification providers; banks; law firms
Identifiers (email address) Enova and subsidiaries; business partners; lenders; data storage providers
Telephone number Enova and subsidiaries; business partners; data storage providers; mailing providers; law firms
Signature Enova and subsidiaries; data storage providers; security, anti-fraud, and security providers
Bank account number Enova and subsidiaries; business partners; data storage providers; banks; law firms
Internet or other electronic network activity information (browsing history; search history; and information regarding consumer’s
interaction with website, application or advertisement)		 Security, anti-fraud, and verification providers
Other financial information, including a tax identification number or Social Security Number for individual/sole proprietor or single-member LLC entities Enova and subsidiaries; business partners; data storage providers; law firms, security, anti-fraud, and verification providers
Geolocation data Data storage providers; security, anti-fraud, and verification providers
Professional or employment-related information (including employment history) Enova and subsidiaries; business partners; data storage providers; security, anti-fraud, and verification providers
Characteristics of protected classifications under California or federal law (age 40 and older) Enova and subsidiaries; data storage providers; security, anti-fraud, and verification providers
Audio or similar information (recordings for monitoring and training purposes) Customer support providers
Inferences drawn from above information to create a profile about a consumer reflecting the
consumer’s preferences, characteristics, psychological trends, behavior, and abilities		 Security, anti-fraud, and verification providers

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, processing or fulfilling orders and transactions, verifying information, and processing payments
  • 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 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 smbbd@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 or the full tax identification number of your company; 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 link: “
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.

11. 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.

12. How to Contact Us

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

Enova SMB
Business Development
4700 W. Daybreak Pkwy., Suite 200
South Jordan, UT
84009