PRIVACY POLICY

Effective as of October 3, 2020

Last Updated December 21, 2022

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 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 services provided through our Site (collectively, “Services”).

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.

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. “Do Not Track” Signals
  6. Choices About Your Information
  7. Security
  8. Third Party Links
  9. Children’s Privacy
  10. Notice to Nevada Residents
  11. Notice to California Residents
  12. Accessibility
  13. 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 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 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.

*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.
  • Mobile Device Information. Aggregated 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.

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;
  • Post and review your comments on our blog;
  • 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; and
  • 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.);
  • 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.

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;
  • 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:

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. “Do Not Track” Signals

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 write to us at:

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

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 contact information below.

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 contact information below.

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:

OnDeck
OnDeck Client Service Center
Attn: Marketing Opt-Out Request
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. 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 and 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 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 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)
  • 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, or 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 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. 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:

Category of Personal InformationCategories of Third Parties
Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology)Advertising network; data analytics provider

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 InformationCategories of Recipients
Identifiers (name, postal address)Enova and subsidiaries; business partners; data storage providers; independent sales organizations, banks
Identifiers (email address)Enova and subsidiaries; business partners; data storage providers; independent sales organizations
Identifiers (Social Security number, driver’s license number, passport number)Enova and subsidiaries; data storage providers; security, anti-fraud, and verification providers
Telephone numberEnova and subsidiaries; business partners; data storage providers; independent sales organizations
SignatureEnova and subsidiaries; business partners; data storage providers; security, anti-fraud, and verification providers
Bank account numberEnova and subsidiaries; business partners; data storage providers; banks
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 income information, bank account history, transaction balances, payment history, overdraft history, and gross revenue informationEnova and subsidiaries; business partners; data storage providers; independent sales organizations
Geolocation dataData storage providers; security, anti-fraud, and verification providers
Commercial information (records of personal property and personal credit information)Enova and subsidiaries; business partners; 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; independent sales organizations
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; security, anti-fraud, and verification providers
Inferences drawn from above information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, behavior, and abilitiesSecurity, 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, providing customer service, processing or fulfilling orders and 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 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 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.

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