Effective Date: May 10, 2023

Thank you for visiting the website located at www.windsorbanklink.com (the Site”). The Site is an Internet property of Windsor Advantage, LLC (“Windsor BankLink,” “we” or “us”). Windsor BankLink has created this Windsor BankLink Website Privacy Policy (the “Privacy Policy”) in order to disclose our information gathering and dissemination practices.

This Privacy Policy only covers our use and disclosure of information we collect on our website www.windsorbanklink.com and our Service accessible from our website. All data collected on our corporate website www.windsorbanklink.com is owned by Windsor Advantage, LLC.

Information collected through our Service is owned by our Customers. The collection and use of this information shall be limited to the purpose of providing the Service to our Customers.

While the Site remains available to end-user visitors without any registration requirements (“Visitors”), in order to utilize some of the Site’s enhanced features, services and various exchanges (collectively, “Services”), interested parties must either register as: (a) a borrower or broker of a borrower (collectively, “Borrower”) on the Site as described in the Windsor BankLink Website Borrower Terms and Conditions (“Borrower Terms”); or (b) a lender, factor or other finance company (“Lender”), as described in the Windsor BankLink Website Lender Terms and Conditions (“Lender Terms”).

To complete the Registered User Terms, applicants must supply certain personally identifiable information. None of the information that we gather can be used by Visitors to identify specific individuals. We are an optional service.

For the purposes of this Privacy Policy, Borrowers, Association Members and Service Providers are referred to collectively as, “Registered Individuals” and Lenders are referred to as “Registered Entities.” For the purposes of this Privacy Policy, Registered Individuals and Registered Entities shall be referred to, collectively, as “Registered Users.” Because we offer a variety of services to distinct users, our Privacy Policy contains three (3) separate sets of terms and conditions: a set for our Visitors, a set for Registered Individuals and a set for Registered Entities.

For purposes of compliance with the California Financial Privacy Act, the North Dakota Century Code §§ 6.08.1-01 to 6-08.1-08 and Vermont Consumer Protection Act, 8 V.S.A. 10202, if you are a resident of the State of California, North Dakota or Vermont and would like to opt-out from the disclosure of your Personal Information to any third-party for marketing purposes, please email [email protected] Please be advised that where California, North Dakota or Vermont State residents opt-out from permitting their Personal Information to be shared, such individuals may still receive selected offers directly from us, in accordance with the law.

Windsor BankLink will not sell your data to any third parties, unless specifically described within this agreement. However, to comply with California law, you can email [email protected] specifically request to “opt out of the sale of your information to 3rd parties.” Learn more about the California Consumer Privacy Act of 2018 here: https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201720180AB375

1. Visitors

Information Collected/Tracked by Windsor BankLink

As a general rule, other than in connection with a Visitor Submission as defined below, Windsor BankLink does not request or collect any personally identifiable information directly from Visitors. Visitors may submit certain information via the Windsor BankLink’s Site applications, but such information will not be linked to any personally identifiable information that would identify a Visitor other than where you voluntarily submit an e-mail address in connection with your request to receive a Windsor BankLink newsletter or your use of Windsor BankLink interactive Site applications made available to Visitors (collectively, a “Visitor Submission”). In such cases, the personally identifiable information that you provide in connection with a Visitor Submission shall be treated in the manner set forth by the Registered Individuals section below.

Use of Information Obtained by Windsor BankLink

As a general rule, Windsor BankLink does not share any Visitors’ personally identifiable information that it otherwise obtains. While Windsor BankLink strongly encourages clients, affiliates and partners to adopt responsible approaches to online marketing, please be advised that Windsor BankLink is not responsible for the information practices of its clients, affiliates and/or partners. The collection, use and disclosure of information by clients, affiliates and/or partners is subject to their respective privacy policies, which may differ from this Privacy Policy.

If you have any questions about the security related to the Site, please Contact Us.

1. Registered Individuals

Personal Information Collected/Tracked by Windsor BankLink

In order to register for access to the Services as a Registered Individual, you may be required to provide personally identifiable information (“Personal Information”) on the applicable registration form that may include, but not be limited to, all or some of the following: (a) full name; (b) full mailing address for home and work; (c) home, mobile and/or work telephone number(s); (d) e-mail address; (e) job title; (f) company name; (g) company website address; (h) and any other information requested by us on the applicable registration form. For purposes of this Privacy Policy, item (n) in the preceding sentence shall be considered “Sensitive Information.”

After you have completed the initial registration process as a Registered Individual, in order to access certain aspects of the Services, you may be required to provide additional Personal Information that may include, but not be limited to, all or some of the following: (i) purpose of the loan requested; (ii) amount of the loan requested; (iii) types of business loans requested; (iv) interest rate amount and type, amortization and term of the loan requested; (v) detailed information regarding your specific assets, liabilities and collateral, if any; (vi) revenue, cost, debt, profit and other financial and balance sheet information applicable to your business, if any; (vii) documents related to your personal and/or business finances (such as tax returns, appraisals, balance sheets, etc.); and (viii) any other information requested by us on the applicable registration form. For purposes of this Privacy Policy, items (i) through (vii) in the preceding sentence shall be considered “Sensitive Information.”

Use of Information Obtained by Windsor BankLink

We will share your personal information with third parties only in the ways that are described in this privacy policy. Windsor BankLink will never sell, rent, exchange or barter your Personal Information to or with any third party for financial gain or marketing purposes. Where you register as a Registered Individual, we use the Personal Information that you supply to personalize your experience with the Site, facilitate the delivery of the applicable Services and for verification purposes. The Personal Information that you submit to Windsor BankLink remains your property, but by submitting that Personal Information to Windsor BankLink you grant Windsor BankLink the right, subject to applicable state and federal law, to use that Personal Information (other than Sensitive Information), to bring you certain promotional offers from Windsor BankLink, and its third party partners, that Windsor BankLink believes might be of interest to you. You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site and/or Service.

Your Personal Information (other than Sensitive Information) may be shared with third parties and/or advertisers on an anonymous, aggregate basis. We also use contact information from your Personal Information to send you information about us, the Services and to keep you informed of our other products and services, and certain products of our third party advertising partners, that may be of interest to you. If you wish to stop receiving future communications from us, please see the Opt-Out/Unsubscribe section below.

We may permit our service providers, vendors and subcontractors to access your Personal Information, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use that Personal Information for their own benefit.

You understand and agree that, where a Registered Entity wishes to contact you in response to your request for loan-related Services, Windsor BankLink may contact you via e-mail on behalf of that Registered Entity for the sole and exclusive purpose of enabling such Registered Entity to provide you with information, analysis, research and other information about the loan-related Services that you requested that may be of interest to you; provided, however, that Windsor BankLink will not share your e-mail address with such Registered Entity unless and until you respond to such Registered Entity’s request and agree to provide them with access to your contact information. Further, where you request loan-related Services from a Registered Entity by and through the Exchanges (as defined in the applicable Registered User Terms), you understand and agree that the applicable Registered Entity may gain access to certain portions of your Personal Information (including your Sensitive Information, but excluding your credit card information), as you may permit, for the sole and exclusive purpose of facilitating your request for loan-related Services from that Registered Entity.

The collection, use and disclosure of information by Registered Entities is subject to their respective privacy policies, which may differ from this Privacy Policy. While Windsor BankLink strongly encourages Registered Entities to adopt responsible approaches to online communication, marketing and other practices, Windsor BankLink is not responsible for the conduct of Registered Entities or their partners. If you no longer wish to be contacted by a one of our Registered Entities, please contact them directly .

Windsor BankLink reserves the right to release current or past Personal Information: (i) in the event that we believe that the Site and/or Services is/are being or has/have been used in violation of the Windsor BankLink Website Terms and Conditions (“Terms and Conditions”), the applicable Registered User Term(s) or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Information pursuant to a subpoena; (iii) if Windsor BankLink is sold, merged or acquired; provided, however, that if Windsor BankLink is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information; (iv) If Windsor BankLink is involved in Bankruptcy Proceedings. Moreover, you hereby consent to the disclosure of any record or communication to any third-party when Windsor BankLink, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time.

Opt-Out/Unsubscribe

To opt-out from receiving e-mail marketing messages from us, you can follow the instructions at the end of the applicable marketing message or Contact Us. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your use of the Services, general information regarding Windsor BankLink, as well as to respond to any inquiry or request made by you. To opt-out of receiving Services-related messages from Windsor BankLink, you must also terminate your Services account as set forth in the applicable Registered User Terms.

III. Registered Entities

Personal Information Collected/Tracked by Windsor BankLink

In order to register for access to the Services as a Registered Entity, you may be required to provide identifiable information related to you and your business entity (“Business Entity Information”) on the applicable registration form that may include, but not be limited to, Personal Information and all or some of the following: (a) full name; (b) business mailing address; (c) business telephone number; (d) business e-mail address; (e) job title; (f) business name; (g) business website address; and (h) any other information requested by us on the applicable registration form. For purposes of this Privacy Policy, item (j) in the preceding sentence shall be considered “Sensitive Information.”

Sharing of Information Obtained by Windsor BankLink

Other than as set forth herein to the contrary, all Business Entity Information that Windsor BankLink collects from Registered Entities is intended for administrative needs (e.g., billing, communication of account information) or for facilitating matches with Registered Individuals, as applicable.

Windsor BankLink reserves the right to contact Registered Entities via e-mail with research, analysis, offers and other information that Windsor BankLink deems might be of interest to such Registered Entities.

Where you request to contact a Registered Individual in connection with that Registered Individual’s request for loan-related Services, Windsor BankLink may contact the applicable Registered Individual via e-mail on your behalf with certain of your contact information for the sole and exclusive purpose of enabling that Registered Individual to provide you with information about that Registered Individual’s application for loan-related Services.

Please be advised that where you register as a Franchisee, the applicable Franchisor under whose auspices you registered shall, at the Franchisor’s request and account setting profile, have access to all of your Business Entity Information (excluding credit card information).

Please be advised that where you register as an Association Member, the applicable Association under whose auspices you registered shall have access to your name and contact information.

Except as may be otherwise agreed to between Windsor BankLink and a Registered Entity, and as otherwise set forth herein to the contrary, all Business Entity Information provided by Registered Entities will be kept in strict confidence by Windsor BankLink and will be treated with the same level of confidentiality that it treats other proprietary information and trade secrets. Windsor BankLink will never sell, rent, exchange or barter any Business Entity Information to or with any third party for financial gain or marketing purposes.

Notwithstanding the foregoing, Windsor BankLink reserves the right to release current or past Business Entity Information: (i) in the event that we believe that the Site and/or Services is/are being or has/have been used in violation of the Terms and Conditions, the applicable Registered User Term(s) or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Business Entity Information pursuant to a subpoena; or (iii) if Windsor BankLink is sold, merged or acquired; provided, however, that if Windsor BankLink is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

To the extent that Windsor BankLink collects your credit card-specific information, if ever, we will use the information to process and complete any transaction that you request. By submitting your credit card information to us, you authorize Windsor BankLink to periodically verify that your credit card account continues to be a valid and active one by charging, and thereafter immediately crediting, a small sum to the card. Such verification may be conducted through a third-party and, in that case, Windsor BankLink would share your specific credit card information with this third-party for verification purposes. Apart from said uses, we will not share your credit card information with any third-parties without your prior informed consent. Notwithstanding the foregoing, Windsor BankLink reserves the right to share with third-parties the fact that we have credit card information on file for specific users, but we will not share your specific credit card information with third-parties without your prior informed consent.

Opt-Out/Unsubscribe

To opt-out of receiving Services-related messages from Windsor BankLink, you must also terminate your Services account as set forth in the applicable Registered User Terms, or by contacting us at [email protected].

1. General Provisions

Non-Personal Information Collection and Use

We gather IP address and browser-type related information from Registered Users and Visitors as part of the general administration of the Site (“Site Data”). This Site Data is comprised of the demographic, usage and/or other characteristics of Site visitors as a group without any associated personally identifiable information. We use the non-personally identifiable information that we collect to improve the design and content of the Site and Services, and to personalize your Site experience. We also may use this information in the aggregate to analyze Site and/or Services usage. Windsor BankLink reserves the right to transfer and/or sell aggregate or group data about Registered Users and Visitors for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Registered Users and Visitors as a group, without disclosing personally identifiable information.

Cookies
When a Registered User or Visitor visits the Site, we send a cookie and/or gif file (“Cookie”) to assign an anonymous, unique identifier to the applicable user’s Internet browser. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site and/or with the Services. To find out more about Cookies, please visit www.cookiecentral.com. We use both session ID Cookies and persistent Cookies. We use session Cookies to make it easier for you to navigate the Site. A session ID Cookie expires when you close your browser. A persistent Cookie remains on your hard drive for an extended period of time. We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on the Site. You can remove persistent Cookies by following directions provided in your Internet browser’s “help” file.. Even in the case where a user rejects a Cookie, he or she may still use the Site; provided, however, that certain features of the Site and/or Services will not be available to the applicable end-user where Cookies are rejected or disabled. Windsor BankLink reserves the right to retain Cookie data indefinitely.

Technologies such as cookies, beacons, scripts and tags are used by Windsor BankLink and our marketing partners, affiliates or analytics or service provider. These technologies are used in analyzing trends, administering the website, tracking users’ movements around the site, and gathering 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. Various browsers may offer their own management tools for removing these types of tracking technologies. We do not tie the information gathered to our users’ Personal Information.

We use Local Shared Objects, such as Flash cookies, and Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.

Deleting and Updating Your Information

At your request, we will inform you of what information we have on file for you. If your personally identifiable information changes, you may correct/update and delete it by making the change on your my Account page or by emailing our Customer Support at [email protected]. In addition, at your request, we will remove information that you have provided to us, or that we have collected. You may contact us via e-mail at: [email protected]. We will respond to your request for access or deletion of data within a reasonable timeframe. Please be advised that instructing us to delete your Personal Information will only result in the deletion of the Personal Information contained in our database. This deletion will not change or delete Personal Information which may have already been shared with third parties, as provided above in this Privacy Policy. You will need to contact the third parties that contact you directly to change your preferences regarding their use of your Personal Information.

Data Retention We will retain your Personal Information and other data for as long as your Services account is active. If you wish to cancel your Services account, please contact us at [email protected]. We will retain and use your Personal Information and other data as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Information Related to Data Collected for our Clients
Windsor BankLink collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients

Access of Data Controlled by our Clients:
Windsor BankLink has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Windsor BankLink’s Client (the data controller). If requested to remove data we will respond within 30 days.

We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Windsor BankLink will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Your Disclosures in Public Forums

You should be aware that information (including Personal Information) which you voluntarily include and transmit online in a publicly assessable forum, chat room or otherwise online including, but not limited to, the Interactive Services (as defined in the Registered User Terms) may be viewed and used by others without any restrictions. We are unable to control such uses of your information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties for any number of purposes. To request removal of your Personal Information from our Interactive Services venues, contact us at [email protected]. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Customer/Comments/Reviews

We may post certain end user testimonials and/or reviews on the Site which may contain personally identifiable information related to such end users. We do obtain the applicable end user’s consent to post such information via e-mail prior to posting the testimonial or review, as applicable, to post the information published along with the testimonial or review. If you wish to update or delete your testimonial, you can contact us at [email protected].

Changes to this Privacy Policy

Windsor BankLink reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personally identifiable information changes, Windsor BankLink will notify users by: (a) sending the modified policy to our users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law prior to the change becoming effective (Prior notice is defined as 15 days if notice is given by email and 30 days if given by prominent notice on the web site). You will have a choice as to whether or not we use your information in this different manner, and we will do so only with your affirmative consent. At any time that you do not agree with the changes, you may opt out from receiving future communications from us and/or can notify us if you wish to close your account (see the “Opt-Out/Unsubscribe” section above).

Security

Windsor BankLink takes every precaution to protect our Registered Users’ information. When Registered Users submit information via the Site, we endeavor to keep this information protected both online and off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and/or Business Entity Information, as applicable, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.

When we ask Registered Users to enter Sensitive Information, such as credit card information, and when such Sensitive Information is stored and/or transmitted, that information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect Sensitive Information online, we also do everything in our power to protect Sensitive Information off-line. All of our Registered Users’ information, not just the Sensitive Information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example a billing clerk or a customer service representative) are granted access to personally identifiable information. All such employees are contractually bound to adhere to our security protocols, which they must verify that they have read and understand. The practices for handling Sensitive Information are disseminated to all of our employees. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information and/or Business Entity Information, as applicable. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage and to engage in remedial measures.

If you have any questions about Site security, please Contact Us.

Third Party Websites

The Site and/or Services may contain links to other websites including, but not limited to, those operated by Registered Entities. Please be aware that Windsor BankLink is not responsible for the privacy practices of other websites or the Registered Entities. We encourage all of our users to be aware of when they leave the Site and to read the privacy policies of each and every website that collects personally identifiable information from them. This Privacy Policy applies solely to information collected by us by and through the Site and Services.

Social Media Widgets

Our Web site includes Social Media Features, such as the Facebook Like button [and Widgets, such as the Share this button or interactive mini-programs that run on our site]. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Children’s Privacy

Windsor BankLink is very sensitive to the issue of children’s privacy and, therefore, we endeavor to protect the privacy of children using the Internet. The Site, products and Services are not developed for or directed at children. Visitors under eighteen (18) years of age are not eligible to do business with us and we do not knowingly solicit or collect Personal Information from any person that we actually know is under eighteen (18) years of age. Windsor BankLink encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. If you believe that your child has provided Windsor BankLink with any personally identifiable information, please e-mail [email protected] to have this information removed.

Contacting the Site If you have any questions about this Privacy Policy, Site practices or your dealings with the Site, please Contact Us by email at [email protected].

Filing a Complaint with the Federal Trade Commission

To file a complaint regarding our privacy practices, please Click Here.