PRIVACY POLICY

Introduction
K5 Capital Group LLC takes steps intended to meet privacy principles and requirements under applicable privacy legislation with respect to personal information. Personal information is information about an identifiable individual, as more particularly described under applicable privacy legislation. This Privacy Policy describes how K5 Capital Group collects and uses the personal information you provide, or provided on your behalf, or which may be generated or collected when you interact with our website k5capitalgroup.com. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. Does not apply to information about our employees or to information that is not personal information.

Personal Information We Collect
K5 and its agents and representatives collect personal information about you through our applications:
• your name, address, e-mail address, Internet Protocol address, telephone number, date of birth, and other contact information;
• your business name, address, tax id number, business inception date, business bank statements (and data about your banking transactions), telephone number and address;
• financial information, such as your bank name and your bank account number, personal and business credit bureau reports, payment behavior, and other reports concerning your credit history and experience;
• other financial or personal information about you, such as your percent ownership in the business, your liabilities, and your financial condition;
• your social security number;
• your identity through an acceptable form of government-issued identification;
• we may collect data through a third party site inspection vendor, or social media sites or services.
• information about any previous loan applications you may have previously applied for (directly or on your behalf), and any previous K5 loan payment history;
• such other information we may collect with your consent or as permitted or required by applicable law; and
• personal information about you given to us by others and personal information about others provided by you.

We may also use your personal information in other manners with your consent or as permitted or required by applicable law.

In certain situations, K5 Capital Group may be required to disclose personal data in response to lawful requests by public authorities. We reserve the right to disclose your personal information as required by law, such as to comply with a judicial proceeding, court order, or legal process served on our Web site when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Disclosure of Your Personal Information.
We may disclose your personal information to our affiliates for internal audit, management, billing or administrative purposes. In addition, we may disclose your personal information in the following circumstances:

Service Providers
We may disclose personal information to outside agents, representatives and service providers (including affiliates of K5 Capital Group acting in this capacity) that perform services on our behalf, such as website systems operators, credit reporting agencies, banks and collection agencies, live chat, law firms or otherwise to collect, use, disclose, store or process personal information on our behalf for the purposes described in this Privacy Policy. We take reasonable steps to ensure that personal information we disclose to these outside agents, representatives and service providers is protected and not used or further disclosed for purposes other than as directed by us or as required by applicable law.

Legal, Regulatory, Etc
We may disclose your personal information as necessary to meet applicable legal, regulatory, industry self-regulatory, insurance, audit and security requirements and obligations, including as required by our outside agents, representatives and service providers.

Business Transactions
Personal information may be used by us and disclosed to third parties in connection with certain business transactions, including, without limitation, in connection with a proposed or actual financing of K5 Capital Group or a sale, assignment or other disposal of all or part of our business or assets. In that case, personal information may be disclosed to third parties for the purpose of, among others, evaluating and consummating the proposed transaction, or fulfilling reporting, due diligence, inspection or audit requirements or obligations to those parties. Assignees or successors of K5 Capital Group or any part of our business or assets may use and disclose your personal information for similar purposes as those described in this Privacy Policy. You will be notified via email and/or a notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information.

General
We may otherwise disclose your personal information only in ways that are described in this privacy policy and with your consent or as permitted or required by applicable law.

Tracking Technologies
We and our partners, affiliates, or analytics or service providers, use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the website, tracking users’ movements around the website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

We may use “cookie” files to enhance the use of our website and the loan marketplace for our registered users and other users. A “cookie” is a small text file placed on a computer’s hard drive by our web page server in order to recognize that a user has previously visited our website and to apply the configuration preferences that the user has chosen. Other than the information provided by a user, cookie files do not contain information that can be used to identify an individual user. You can disable cookies using your Internet browser’s settings and you should consult your browser’s help function for information on how to disable cookies. Please note that if you disable cookies, certain features of our website may not function properly. We do not require anyone to accept cookies in order to use our website or the loan marketplace.

The use of cookies by our tracking utility company and service providers is not covered by our privacy policy. We do not have access or control over these cookies. Our tracking utility company and service providers use session ID cookies to make it easier for you to view your business address, and provide us with usage tracking for the platform.

We and Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.

E-mail Policy
We will use your e-mail address as one method to contact you regarding your K5 Capital account. We may also contact you at any telephone number, or physical or electronic address to collect and may include SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. In order to provide consistent and high-quality registered user service and support, we may store any correspondence with you in a file specific to you. Furthermore, we will use your e-mail address to provide you with e-mail updates regarding changes to our Privacy Policy and changes.

No Third-Party Marketers
We do not sell, rent or trade your personal information to third parties or marketing firms for their promotional purposes. We do send communications periodically to inform you of the status of transactions or events related to your K5 account and your use of our website. Some of these communications are required in connection with transactions you are considering or have concluded through the K5 website. Receiving emails from our website is part of our service. If you no longer wish to receive these emails, you may opt out of them by unsubscribing or by contacting Customer Service.

Generally, by providing us with your personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this Privacy Policy, if applicable, or otherwise at the time of collection.