Privacy Policy

How CapitalAx collects, uses, and protects your information.

Last updated November 15, 2024

CapitalAx Commercial Lending LLC (referred to herein as "CapitalAx", "our", "us" or "we") is committed to respecting the privacy rights of those visiting our websites, including the CapitalAx website (at https://capitalax.com), our Independent Loan Originators' Replicated websites and our mobile applications (hereafter collectively referred to as the "Site"). We created this Privacy Policy to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and to the protection of privacy.

This Privacy Policy is only applicable to the Site and not to any Third-Party websites that may link to or from this Site, which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites, below.

The Site is located in United States and is subject to U.S. laws. If you are outside of the United States, your use of the Site constitutes consent to the transmission of personal information to the United States. If your use of the Site is against the laws of your jurisdiction, it is your responsibility to refrain from the use of the Site.

BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE.

Each time you use the Site, the then-current version of this Privacy Policy will apply. Accordingly, each time you use the Site you should check the date of this Privacy Policy (which appears at the beginning) and review any changes since the last time you visited the Site. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.

1. Children's Privacy

CapitalAx is committed to the safety of our children. The Site is intended for a general audience and is not designed or intended for use by or targeted to children younger than the age of 18. We do not knowingly collect personal information from children younger than the age of 18. However, in all cases, if you are younger than the age of 18, you may use the Site (and any related services or features) only with the consent and supervision of a parent or guardian. Persons under the age of 18 may not enroll as CapitalAx Independent Loan Originators or register as customers. We do not solicit or knowingly collect personally identifiable information from children under the age of 13. If we obtain actual knowledge that we have collected personally identifiable information from a child under the age of 13, we will immediately delete such information from our database. Because we do not collect personally identifiable information from children under the age of 13, we have no such information to use or disclose to third parties.

2. Information Collection

CapitalAx is the sole owner of the Site. We collect information from Loan Originators, customers, and visitors to the Site at different points on the Site.

Traffic Data

Like most website operators, CapitalAx automatically gathers device and usage information of the sort that browsers automatically make available, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the Site, and other technical information (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you and is primarily needed to maintain the security and operation of the Site, and for our internal analytics and reporting purposes.

Cookies

Cookies are small pieces of information that a website stores on a user's hard drive, and that the user's browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Site. The Site uses Cookies to customize your experience on the Site to your interests, to ensure that you do not see the same informational messages repeatedly, and to store your username so you do not have to re-enter it each time you visit the Site.

Types of Cookies:

• Session ID Cookies. We use session ID cookies to make it easier for you to navigate the site. A session ID cookie expires when you close your browser.
• Persistent Cookies. We set a persistent cookie to store your valid login, so you do not have to login more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on the site. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.

Third Party Cookies. We may allow third parties to use Cookies on the Site, but we do not control the use or contents of third-party Cookies. Such third-party cookies may include:

• Ad Services. In the course of providing advertisement services, third party ad services providers may utilize cookies on the Site.
• Data Providers. We may use third-party data provider cookies in connection with the Site.
• Analytics. We may use third-party analytics (e.g., Google Analytics) cookies to gain insight into how our visitors use the Site.

Opting Out of Cookies. If you do not wish to have cookies placed on your computer, you should set your browser to refuse cookies before accessing the Site, with the understanding that certain of the services and certain features of the Site may not function properly without the aid of cookies. If you refuse cookies, you assume all responsibility for any resulting loss of functionality. To learn more about cookies and how to manage them, go to https://allaboutcookies.org/.

Personal Information

Through your use of or visits to the Site, you may be required or requested to provide personally identifiable information (hereafter "Personal Information") to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. The Personal Information that we collect depends on the context of your interactions with the Site, the choices you make, and the products and features you use. The Personal Information we collect may include the following:

• Names
• Mailing Addresses
• Email Addresses
• Telephone Numbers
• Usernames
• Account Passwords
• Contact Preferences
• Contact or Authentication Data
• Geolocation Information
• Billing Addresses
• Credit/Debit Card Information
• Billing Information
• Bank Account Information
• Information associated with other accounts belonging to a user
• Sensitive Information as described below

All Personal Information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such Personal Information. You are under no obligation to provide Personal Information to us, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Site or from purchasing some or all of our products or enrolling as a Loan Originator.

Sensitive Information

When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:

• Social Security Numbers and Tax Identification Numbers
• Driver's License, State Identification Card, or Passport Number
• Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account
• A consumer's precise geolocation

Credit/Debit Card and Payment Information

Payment information (including Credit/Debit card information) is collected at Loan Originator enrollment/registration or for shopping cart orders is used only to process payment for purchases and authorized fees. Payment information is retained by us in order to facilitate subscription purchases. In addition, users may elect to store their payment information in order to pay for future product orders and recurring fees. To protect your Personal Information, we take reasonable precautions and follow industry best practices to make sure your payment information is not inappropriately used, lost, misused, accessed, disclosed, altered or destroyed. Although no method of transmission over the Internet or electronic storage is 100% secure, we implement additional generally accepted industry standards. All payment data is stored by Stripe, Inc. You may find their privacy notice link(s) here: https://stripe.com/privacy.

3. Information Obtained from Third Party Sources

We may supplement the Personal Information that a user provides to us with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide such information to us. We may receive information about you such as contact information and demographics information from other sources. In addition, we may combine information you give us with information from these sources. The types of information and sources of such information include without limitation the following categories:

• Vendors. We may receive contact information and demographic information that you provide to or through our vendors, such as through our email and text message campaigns.
• Your CapitalAx Loan Originator (if applicable). Information such as account or demographic information that is submitted by your CapitalAx Loan Originator on your behalf.
• Payment Service Providers. Payment information such as updated credit card number and expiration dates from your bank or credit card company which we use to keep our records current and service you better.
• Delivery Service Providers. Delivery details such as updated delivery, contact information, and address information from our carriers or other third parties which we use to keep our records current, process orders, deliver your next purchase, and service you better.
• Social Media. Information that you publicly post on our and your social media pages (e.g., our Facebook, Instagram, and Twitter pages), such as your contact and demographic information, such as likes, interests, preferences, comments, suggestions, and opinions, general feedback, and content.
• Other Third-Party Sources (Including Data Aggregators and Public Databases). Transactional data from third party purchases; contact information, demographics information, including profile data; information about products or services purchased from other companies.

4. Information that you make Public

The Site may contain features (e.g., public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which CapitalAx is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.

5. Information Use and Disclosure Practices

Traffic Data and Information Gathered Using Cookies

CapitalAx analyzes Traffic Data and information gathered using Cookies to help CapitalAx better understand who is using the Site and how they are using it. By identifying patterns and trends in usage, CapitalAx is able to better design the Site to improve your experience, and to serve you more relevant and interesting content. From time to time, CapitalAx may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Site. CapitalAx does not attempt to link information gathered using Cookies to Personal Information.

Personal Information

Personal Information is used and disclosed as described in this Privacy Policy. In general, we use your Personal Information to:

• Process your orders;
• Communicate with you regarding your orders, your account, the use of our products or services, or otherwise provide customer service;
• Maintain your account and keep track of any purchases made by you;
• Authenticate your account credentials and identify you to log in to the Site;
• Personalize your experience on the Site;
• Send you marketing communications about services and products offered by us and our affiliated companies, as permitted by law;
• Improve the Site, your Personal Information may be analyzed to search for patterns which may help improve the overall Site experience;
• Improve the customer service we provide, your Personal Information may be used for review and quality control purposes;
• Authenticate your credit or debit card account information;
• Create de-identified Personal Information to be used by us; and
• Use for any other reason you consent to.

Except as specifically set forth in this Privacy Policy, CapitalAx DOES NOT share Personal Information. CapitalAx may share aggregated information from time to time with its partners, vendors or other third parties. When such aggregate information is shared by CapitalAx, it is deidentified and no Personal Information is shared.

Disclosure Practices

Except under the following circumstances and otherwise as set forth in this Privacy Policy, CapitalAx will keep your Personal Information private and will not sell it to or share it with third parties.

• Disclosure in Connection with Services. CapitalAx discloses Personal Information to those who help it provide Services, including those who perform technical, administrative and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
• Our Affiliates. We may disclose your Personal Information to our affiliated companies (e.g., parent company, sister company, subsidiary, etc.).
• By Law or to Protect Rights. CapitalAx discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when CapitalAx believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of CapitalAx, third parties or the public at large.
• Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures. CapitalAx will provide confidential and Personal Information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations.
• Business Transfers; Bankruptcy. CapitalAx reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of CapitalAx's assets.
• Unpaid Accounts. If you fail to pay any balance owed to CapitalAx, we may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.
• Invite a Friend. When you invite family or friends to join the CapitalAx network or to attend a CapitalAx home party, CapitalAx will send an email on your behalf to the indicated recipient. Your name and email address will appear in the "From" line of such email.
• Lead Assignment and Loan Originator Locator Features. CapitalAx occasionally will assign prospective sales and prospective customer and Loan Originator leads to Loan Originators. In these cases, we will provide the prospective customer or Loan Originator with the appropriate Loan Originator's name and contact information and/or provide a Loan Originator with the prospective customer's or Loan Originator's name and contact information.
• Downline Activity/Genealogy Reports. As a network marketing company, CapitalAx provides certain information to Loan Originators regarding other Loan Originators and customers enrolled in a Loan Originator's downline marketing organization (sales team).
• Surveys. It may become necessary to conduct surveys of our customers or Loan Originators. Should we deem it necessary to conduct a survey, we may outsource the survey to a third party.

6. Retention of Personal Information

Unless there is something in this Privacy Policy to the contrary, we may retain your Personal Information for as long as your account is active and for a period of time thereafter to allow you to re-activate your account without loss of information. We may also retain your Personal Information as necessary to comply with legal requirements and obligations, defend our rights, resolve conflicts, improve the Site, address complaints, and enforce contracts.

7. Electronic Communications

Consistent with this Privacy Policy and as is permitted by applicable law, we may communicate with you via electronic messages, including email. We receive notice when you open an email or click a link within a marketing email.

8. SMS/Text Messaging

If you opt in to receive text messages from CapitalAx Commercial Lending LLC (for example, account notifications and billing alerts for registered broker partners), we will use your mobile number solely to deliver those messages. Message frequency varies; message and data rates may apply. Reply STOP to opt out at any time or HELP for help. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All mobile opt-in data and consent are not being shared with, or sold to, any third parties.

9. Online Advertising

We may display advertising on the Site and partner with third parties to manage advertising on other websites for our products and services. We may also partner with third parties, including business partners, advertising networks, and other advertising service providers, who gather information about you on the Site and other websites to provide you with advertisements on the Site and elsewhere online based on your browsing history and tailored to your interests, preferences, and characteristics. Cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Policy.

Some third parties collect information about users of the Site to provide interest-based advertising on the Site and elsewhere, including across browsers and devices. These third parties may use the information they collect on the Site to make predictions about your interests in order to provide you with ads (from us and other companies) across the Internet.

To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit the websites operated by the Network Advertising Initiative and the Digital Advertising Alliance.

10. Dispute Resolution, Binding Arbitration Agreement, and Class Action Waiver

While we certainly hope that we never have a dispute with a visitor to the Site, if the unfortunate circumstance arises that we have a dispute that arises from or relates to any of our products or services, the Site, or this Privacy Policy, you agree that we will first seek to resolve the dispute informally. You will notify us of the dispute within 90 days from which you first learn of the dispute by submitting an email to compliance@capitalax.com (a "Dispute Notice"). Your email must include a detailed description of all facts which you claim support your claim and a statement indicating what you believe is a fair resolution to your dispute.

If we do not successfully resolve the dispute informally within 60 days from the date on which you submit your notice, you agree that subject to the exceptions listed below, all disputes (including questions whether a dispute is subject to arbitration) will be resolved through confidential binding arbitration. You also agree to waive all rights to pursue class action lawsuits, class-wide arbitrations, and any other proceeding in which someone acts in a representative capacity against CapitalAx. You further waive all rights to combine proceedings with the claim(s) of any other individual or entity.

All arbitration proceedings will be held in the state and county in which you reside or, if the value of the relief sought is $10,000 or less, the arbitration shall be conducted based solely on written submissions, unless either party requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. The Arbitration shall be administered by the American Arbitration Association, pursuant to its Consumer Arbitration Rules, available at https://www.adr.org/consumer. Arbitration shall be governed by the Federal Arbitration Act and the law of the state in which the Arbitration is held.

Disputes not subject to this arbitration provision are:

• Any action you bring if you have properly opted-out of arbitration. You may opt-out of the Arbitration provision by sending an opt-out notice to compliance@capitalax.com. You must submit your opt-out notice within five days from the date of your first visit to the Site.
• If your claim is within the jurisdictional limits of the small claims court in which you reside, you may pursue an action in your local small claims court.
• If you are a CapitalAx independent Loan Originator and you combine a claim that is covered by this Arbitration and Class Action Waiver with a claim to which the CapitalAx arbitration and dispute resolution policy for Loan Originator disputes applies under the Loan Originator Agreement, the disputes will be combined and resolved according to the Dispute Resolution provisions contained in the CapitalAx Loan Originator Agreement.

To institute informal dispute process, submit a Dispute Notice to compliance@capitalax.com.

11. Miscellaneous

• Links. The Site may contain links to other websites. Please be aware that CapitalAx is not responsible for the privacy practices of such other websites. We encourage users to be aware when they leave the Site and to read the privacy statements of each and every website that collects Personal Information. This privacy statement applies solely to information collected by the Site.
• Text Message Service. By providing your mobile phone number and consenting to receive text messages from CapitalAx, you may receive account notifications, billing alerts, and other transactional messages. Message and data rates may apply. Message frequency varies. Reply STOP to opt out; reply HELP for help. Mobile information and messaging consent are not shared with third parties or affiliates for marketing or promotional purposes.
• Security. CapitalAx has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information.
• Do-Not-Track Requests. "Do-Not-Track" is a web browser setting that sends a signal instructing a website not to track a user. The Site does not have a mechanism to respond to "Do-Not-Track" requests.
• Lost or Stolen Information. You must promptly notify us if your credit, banking, other financial information, username, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, username, or password from your account.
• Promotional Activities. From time to time, CapitalAx may conduct contests, giveaways, and other promotions (collectively, "Promotional Activities"). Any information submitted via the Site in connection with Promotional Activities will be treated in accordance with this Privacy Policy.
• Changes to this Privacy Policy. CapitalAx reserves the right to amend or change this Privacy Policy at any time at its sole discretion. It is your responsibility to periodically access this Privacy Policy by clicking on the Privacy Policy link at our home page.
• Making Changes to Your Personal Information. Loan Originators and Registered Customers may update their Personal Information as necessary by logging into their CapitalAx online Back Offices or accounts, which allows them to access and edit their registration account information. In addition, Loan Originators and Registered Customers may contact us at compliance@capitalax.com to update their profiles.
• Online Privacy Policy Only. Except as may otherwise be provided herein, this Privacy Policy applies only to information collected through the Site. It does not apply to information collected offline.
• Questions. Questions regarding this Privacy Policy should be directed to compliance@capitalax.com.

Supplemental Privacy Notice for California Residents

The following applies solely to California residents.

Shine the Light

Residents of the State of California (under California Civil Code Section 1798.83) have the right to request and obtain from us once per calendar year information, if any, regarding their Personal Information as defined in California Civil Code Section 1798.83 that we have shared with third parties during the preceding year for such third parties' direct marketing purposes. To make such a request, please email us at compliance@capitalax.com. You must include the name of this Site and "California Resident" as the subject line, and your full name, email address, and postal address in your message.

We further offer California residents the ability to tell us not to share their Personal Information with third parties for their direct marketing purposes. To make such a request, please email us at compliance@capitalax.com and include "Do Not Share" in the subject line and your full name, email address, postal address, and, if applicable, your Loan Originator or Customer ID Number in the email message.

Supplemental Privacy Notice for Nevada Residents

The following applies solely to Nevada Residents.

Residents of Nevada have certain rights with respect to your Personal Information.

• You have the right to know that we do not sell any of your Personal Information to any third party or parties.
• You have the right to request that we not sell any of your Personal Information. Although we do not sell your Personal Information to any third parties, you have the right to submit a request to us directing us not to sell any of your Personal Information that we have collected from you or will collect from you in the future to any third party or parties. You may make such a request by sending an email to us at compliance@capitalax.com.
• We collect the following types of Personal Information ("Covered Information") from visitors who purchase products from us or enroll as Loan Originators through our Site: First name, middle name or middle initial, and last name; Home or other physical mailing address; Credit card or other payment information; Email address; Telephone number; and Social Security Number.
• We share Covered Information only as specified in our Privacy Policy.
• If you wish to review, update or otherwise make changes or request that changes be made to the Covered Information you have provided to us, you may do so as specified in "Making Changes to Your Personal Information" above.