Last modified: 3/14/2017

1. Introduction

XL Funding LLC (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide to us, either through our website, www.xlfunding.com (our “Website”) or by completing an XL Funding LLC Floorplan Application, available at (the “Floorplan Application”), and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • In e-mail communications between you and our Website.
  • When you provide a completed Floorplan Application to one of our employees.

This policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website.  By accessing or using our Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

2. Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website.

A. Information we collect directly from users of our Website

We generally collect the following directly from users of our Website:

  • Information that you provide by filling in forms on our Website or in connection with your Floorplan Application or. This includes information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number, or any other identifier by which you may be contacted online or offline (“personal information”).
  • Information related to your company or that is about you but does not identify you individually.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.

B. Information we collect automatically

As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

We do not track users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. 

The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns:

We use cookies (or browser cookies) for automatic data collection.  A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

4. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between us and you, including for billing and collection.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

5. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect from you as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To our lenders as necessary in the ordinary operation of our business;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred. For any other purpose disclosed by us when you provide the information.
  • To fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, or with your consent.

If you apply for any kind of credit or offer to act as guarantor, we may disclose your personal information to, or collect personal information about you from, a credit reporting body.

In addition, we may also disclose your personal information to comply with any court order, law or legal process, including to respond to any government or regulatory request or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

6. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your e-mail address or other contact information used by the Company to promote our own products or services, you can send us an e-mail stating your request to info@xlfunding.com. If we have sent you a promotional e-mail, you may unsubscribe from future e-mail distributions by clicking the appropriate link within the promotion e-mail.

7. Correcting Your Information

You may send us an e-mail at info@xlfunding.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

8. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information that you provide to us in the Floorplan Application is stored on our secure servers behind firewalls.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We cannot and do not guarantee that your responses will not be shared.  We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

9. Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@xlfunding.com.

10. Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@xlfunding.com.

11. Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

12. Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at info@xlfunding.com.