Privacy Policy

Merchant Capital Source LLC (MCS) dba Zinch 

Privacy Policy (updated February 7th, 2024)

This Privacy Policy is issued by the entity listed in Section 19 below (“MCS”, “we”, “us” or “our”) and is addressed to individuals outside our organization with whom we interact, including customers, visitors to our Sites, other users of our products or services, personnel of corporate customers and vendors, applicants for employment, and visitors to our premises (together, “you”). Defined terms used in this Privacy Policy are explained in Section 28 below.

This Privacy Policy may be amended or updated from time to time to reflect changes in our practices with respect to the processing of Personal Information, or changes in applicable law. We encourage you to read this Privacy Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Privacy Policy.

1. COLLECTION OF PERSONAL INFORMATION

We may collect or obtain Personal Information about you from the following

• Data you provide to us: We may obtain Personal Information when those data are provided to us (e.g., where you contact us via web, social media, email or telephone, or by any other means) or data provided to us by a distributor through whom you have acquired any of our products or services.
• Data we obtain in person: We may obtain Personal Information during meetings, at trade shows, during visits from sales or marketing representatives, or at events we attend.
• Collaborations: We may obtain Personal Information when you collaborate with us in research or in an advisory/consultancy capacity.
• Relationship data: We may collect or obtain Personal Information in the ordinary course of our relationship with you (e.g., we provide a service to you, or to your employer).
• Data you make public: We may collect or obtain Personal Information that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
• Site data: We may collect or obtain Personal Information when you visit any of our Sites or use any features or resources available on or through a Site.
• Registration: We may collect or obtain Personal Information when you use, or register to use, any of our Sites, Apps, products, or services.
• Content and advertising information: If you interact with any third party content or advertising on a Site or in an App (including third party plugins and cookies), we may receive Personal Information from the relevant third party provider of that content or advertising. For more information, please see our provision on Tracking Technologies (Section 12) below.
• Third party information: We may collect or obtain Personal Information from third parties who provide it to us (e.g., business partners including advertising/marketing partners, data providers such as information/database services and/or data suppliers, information credit reference agencies; law enforcement authorities; etc.).

2. CREATION OF PERSONAL INFORMATION

We may also create Personal Information about you in certain circumstances, such as records of your interactions with us. We may also combine Personal Information from any of our Sites, Apps, products, or services, including where those data are collected from different devices or sources.

3. CATEGORIES OF PERSONAL INFORMATION WE PROCESS

We may Process the following categories of Personal Information about you:

• Personal details: given name(s); preferred name; and photograph.
• Contact details: correspondence address; shipping address; telephone number; email address; details of Personal Assistants, where applicable;; online messaging details; and social media details.
• Correspondence: records and copies of your correspondence if you contact us.
• Demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences.
• Visitor logs: records of visits to our premises.
• Consent records: records of any consents you have given, together with the date and time, means of consent, and any related information (e.g., the subject matter of the consent).
• Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; card expiry date; BACS details; SWIFT details; IBAN details; payment amount; payment date; and records of cheques.
• Data relating to hardware, Sites, and Apps: operational and diagnostic data relating to hardware; device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data; and other technical communications information (some of which may constitute Personal Information); registration details; username; password; security login details; usage data; and aggregate statistical information.
• Employer details: where you interact with us in your capacity as an employee of a third party; and the name, address, telephone number and email address of your employer, to the extent relevant.
• Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (e.g., mouse hover, mouse clicks, any forms you complete in whole or in part) and any touchscreen interactions.
• Cookie data: we collect information via cookies, pixels and similar technologies. For more information, please see Section 12 below.
• Security information: your password(s); login attempt details; security settings; and other security-related information.
• Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.

4. PURPOSES OF PROCESSING AND PARTIES TO WHOM PERSONAL INFORMATION MAY BE DISCLOSED

The purposes for which we Process the categories of Personal Information identified in Section 3 above, subject to applicable law, and the parties to whom such Personal Information may be disclosed, are as follows:

Categories of Personal Information we collect	Business or commercial purposes for which we may use your Personal Information	Parties to whom Personal Information may be disclosed
Personal details: given name(s); preferred name; and photograph. Contact details: correspondence address; shipping address; telephone number; email address; details of Personal Assistants, where applicable; messenger app details; online messaging details; and social media details.   Correspondence: records and copies of your correspondence if you contact us.   Professional details: your CV; records of your expertise; professional history; practising details and qualification details; information about your experience; participation in meetings, seminars, advisory boards and conferences; information about your professional relationship with other individuals or institutions; language abilities; and other professional skills.   Demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences.   Visitor logs: records of visits to our premises.   Consent records: records of any consents you have given, together with the date and time, means of consent, and any related information (e.g., the subject matter of the consent).   Purchase details: records of purchases and prices; and consignee name, address, contact telephone number and email address.   Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; card expiry date; BACS details; SWIFT details; IBAN details; payment amount; payment date; and records of cheques.   Data relating to hardware, Sites, and Apps: operational and diagnostic data relating to Merchant Capital Source hardware; device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data; and other technical communications information (some of which may constitute Personal Information); registration details; username; password; security login details; usage data; and aggregate statistical information.   Employer details: where you interact with us in your capacity as an employee of a third party; and the name, address, telephone number and email address of your employer, to the extent relevant.   Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (e.g., mouse hover, mouse clicks, any forms you complete in whole or in part) and any touchscreen interactions.   Cookie data: we collect information via cookies and similar technologies.   Security information: your password(s); login attempt details; security settings; and other security-related information.   Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms. Inferences: Inferences drawn from the above, such as product interests and purchasing insights.	Provision of Sites, Apps, products, and services: providing our Sites, Apps, products, or services; providing promotional items upon request; and communicating with you in relation to those Sites, Apps, products, or services. Operating our business: operating and managing our Sites, our Apps, our products, and our services; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites, our Apps, our products, or our services; and notifying you of changes to any of our Sites, our Apps, our products, or our services. Planning: organisational planning; succession planning; making changes to the nature and scope of our operations or our business; mergers, acquisitions, dissolutions demergers, liquidations, asset sales, divestitures, reorganisations and similar corporate structuring arrangements. Communications and marketing: communicating with you via any means (including via email, telephone, text message, social media, post or in person) to provide news items and other information in which you may be interested, subject always to obtaining your prior opt-in consent to the extent required under applicable law; personalising our Sites, products and services for you; maintaining and updating your contact information where appropriate; obtaining your prior, opt-in consent where required; enabling and recording your choice to opt-out or unsubscribe, where applicable. Product safety communications: communications in relation to product safety, including product recalls and product safety advisory notices. Management of IT systems: management and operation of our communications, IT and security systems; and audits (including security audits) and monitoring of such systems. Health and safety: health and safety assessments and record keeping; providing a safe and secure environment at our premises; and compliance with related legal obligations. Financial management: sales; finance; corporate audit; and vendor management. Surveys: engaging with you for the purposes of obtaining your views on our Sites, our Apps, our products, or our services. Security: physical security of our premises (including records of visits to our premises) and electronic security (including login records and access details). Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law. Legal compliance: compliance with our legal and regulatory obligations under applicable law. Improving our Sites, Apps, products, and services: identifying issues with our Sites, our Apps, our products, or our services; planning improvements to our Sites, our Apps, our products, or our services; and creating new Sites, Apps, products, or services. Fraud prevention: Detecting, preventing and investigating fraud. Establishment, exercise and defence of legal claims: management of legal claims; establishment of facts and claims, including collection, review and production of documents, facts, evidence and witness statements; exercise and defence of legal rights and claims, including formal legal proceedings. Recruitment and job applications: recruitment activities; advertising of positions; interview activities; analysis of suitability for the relevant position; records of hiring decisions; offer details; and acceptance details.	You and, where appropriate, your appointed representatives. Third party distributors through whom you acquire any of our products or services. Accountants, auditors, consultants, lawyers and other outside professional advisors to Merchant Capital Source, subject to binding contractual obligations of confidentiality. Third party Processors (such as payment services providers; shipping companies; etc.), located anywhere in the world, subject to the requirements noted in Section 6. Any relevant party, regulatory body, governmental authority, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal claims. Any relevant party, regulatory body, governmental authority, law enforcement agency or court, for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. Any relevant third party acquirer(s) or successor(s) in title, in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and any relevant third party provider, where our Sites use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Information may be shared with the relevant third party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content. Third parties with whom you consent to sharing your information, such as with social media services or academic researchers. Government entities or other third parties for legal reasons, such as to comply with law or for other legal reasons.

5. SENSITIVE PERSONAL INFORMATION

We do not seek to collect or otherwise Process Sensitive Personal Information in the ordinary course of our business.

6. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

Unless we specifically request it, we ask that you not provide us with any Sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) to us.

For avoidance of doubt, we will share your Personal Information with third parties only in the ways that are described in this Privacy Policy. We will not sell, rent or lease your Personal Information. We do not share Personal Information with unaffiliated third parties. We may provide your Personal Information to companies that provide services to help us with our business activities, such as to obtain credit reports from credit reporting bureaus or to process your transactions through financial institutions, including payment card processors and ACH processors. These companies are authorized to use your Personal Information only as necessary to provide these services to us. . If you do not want us to share information with our affiliates for purposes of marketing products and services, you may opt-out of such information sharing by emailing cutomerservice@zinchfin.com. Moreover, we reserve the right to disclose information we maintain, including Personal Information, when required by governmental authorities or where required by law such as to comply with a subpoena, bankruptcy proceedings, or similar legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In certain situations, MCS may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. By submitting Personal Information on our web sites, you are also agreeing to the use of this information in accordance with this Privacy Policy.

7. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION

We may transfer Personal Information within MCS corporate group, and to third parties as noted in Section 6 above, in connection with the purposes set out in this Privacy Policy. For this reason, we may transfer Personal Information to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.

8. DATA MINIMIZATION

We take every reasonable step to ensure that your Personal Information that we Process are limited to the Personal Information reasonably necessary in connection with the purposes set out in this Privacy Policy.

9. DATA RETENTION

We retain Personal Information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, establishing or defending legal claims, or for fraud prevention purposes. When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

We may Process certain Personal Information to send marketing communications about our services or products, unless prohibited by applicable law (or unless you have opted out). In some instances, we may request your consent to send you promotional and/or marketing information. We also may use the information that you provide to us, as well as information from other sources, such as your use of our Sites and/or Apps, to customize advertisements or other communications pertaining to our services and products that may be of interest to you. Such information for registered users may include data collected from your interactions with our Sites or Apps that are linked to your account.

11. CHILDREN

Our sites are not designed and are not intended for children under the age of 13. Complying with the Children’s Online Privacy Protection Act, our sites are not knowingly permitting children less than 13 years of age to become users, and it is our policy never to knowingly collect information from children. By using any of our sites, you represent that you are not less than 13 years of age. If we not knowingly have received Personal Information of an individual less than 13 years of the age, it will be immediately removed from our databases as soon as we become aware of it.

12. TRACKING TECHNOLOGIES

This provision explains how MCS uses cookies, pixels, and similar technologies in connection with the “www.zinchfin.com” website and any other website we own or control which posts or links to this Privacy Policy (collectively, the “Sites”), along with any mobile applications we own or control which post or link to this Privacy Policy (collectively, the “Apps”). As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve marketing, analytics, or site functionality.

We use two broad categories of cookies: (1) first-party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when it revisits our Sites; and (2) third-party cookies, which are served by service providers or business partners on our Sites, and can be used by these parties to recognize your computer or mobile device when it visits other websites. Third-party cookies can be used for a variety of purposes, including site analytics, advertising, and social media features.

Our Sites may also use other similar technologies to collect information automatically. Other such tools that we, our vendors, and third parties may use include:

• Flash cookies. Flash cookies generally can be disabled only by accessing Adobe Flash settings (information available here).
• Server logs. These logs record information about the device, browser, operating system, network, and other resources you use to access our digital services.
• Web beacons and pixels. These are small electronic images deployed on websites and emails that collect information about how users interact with content. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages or within HTML formatted emails. Pixel tags are used to demonstrate that a web page was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of the Sites, so that we can manage our content more effectively.
• Application software. MCS and its partners use these technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

We partner with a third party to either display advertising on our web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Like many other companies which offer online services to their clients/customers, our web site also includes Social Media Features, such as the Facebook Like button and Widgets, as along with the sharing buttons 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.

You also have other choices to adjust your preferences for interest-based advertising, and/or to opt-out of use of your Personal Information by third parties for such advertising, including :

• Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit org.
• Blocking advertising ID use in your mobile settings. Your mobile device settings may provide the functionality to limit the use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third-party cookies/trackers.
• Platform opt-outs. The following advertising partners offer opt-out features that let you opt-out of the use of your information for interest-based advertising:
  • Google:https://adssettings.google.com
  • Facebook: https://www.facebook.com/about/ads
  • Criteo: https://www.criteo.com/privacy/disable-criteo-services-on-internet-browsers/
  • Bounce Exchange: https://www.bouncex.com/privacy/your-ad-choices/
• Advertising industry opt-out tools. Some of our business partners that collect information about users’ activities on or through the Sites or Apps may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising. You can use the following opt-out options to limit the use of your information for interest-based advertising by participating companies:
  • Digital Advertising Alliance: http://optout.aboutads.info
  • Network Advertising Initiative: http://optout.networkadvertising.org/?c=1
  • European users may opt-out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here, selecting the user’s country, and then clicking “Choices” (or similarly titled link).
  • Users of our Apps may opt-out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices.
  • We also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms we linked above.

As noted above, if you choose to opt-out of targeted advertisements, you will still see advertisements online, but they may not be relevant to you. Even if you do choose to opt-out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

13. THIRD PARTY WEBSITES

MCS may provide links to other web sites. Be advised that we do not control and we are not responsible for the privacy practice or the content of those web sites. We suggest you read the privacy policies posted on each site.

14. 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 cutomerservice@zinchfin.com.

15. BLOGS

Our web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

To request removal of your Personal Information from our blog contact us at cutomerservice@zinchfin.com. 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.

16. DATA SECURITY AND INTEGRITY

The security of your Personal Information is important to us. When you enter information on our application forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at cutomerservice@zinchfin.com.

Upon request MCS will provide you with information about whether we hold any of your Personal Information. If you need to access, correct, amend, delete or update inaccurate Personal Information, please send an email to cutomerservice@zinchfin.com. We will respond promptly and will update our database accordingly. We will keep Personal Information for as long as our retention policy dictates and for as long as your account is active or as needed to provide you services. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

17. CHOICE/OPT-OUT

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at customerservice@zinchfin.com.

18. MERGE, SELL, ASSIGNMENT, TRANSFER

MCS may merge with another entity, or sell or otherwise assign, transfer some or all of its assets, including the business of this web site to a third party. We may disclose your Personal Information we obtain from you via our sites to any potential third party in connection of those assets transferred.

19. DETAILS OF ENTITY

For the purposes of this Privacy Policy, the relevant entity is:

Merchant Capital Source dba Zinch

20. INFORMATION FOR CALIFORNIA RESIDENTS

Under the California Consumer Privacy Act (the “CCPA”), we must disclose our practices regarding the collection, use, and disclosure of the Personal Information of California Residents. California Residents are also afforded certain rights with regard to the Personal Information we collect about them that include the rights of access, deletion, correction, and to be free from discrimination. This section includes the disclosures required by the CCPA, and describes the rights afforded to California Residents. We also describe the methods by which a California Resident may exercise these rights and some of the statutory exceptions that may apply.

The disclosures required by the CCPA are as follows:

• Categories of Sources of Personal Information: Please refer to Section 1 for details on the sources from which we may collect or obtain Personal Information of California Residents.
• Collection of Personal Information: Please refer to Section 3 for details on the categories of Personal Information we may collect about California Residents.
• Use of Personal Information: Please refer to Section 4 for details on how we may use the Personal Information of California Residents.
• Collection and Use of Sensitive Personal Information: Subject to the limited exceptions detailed in Section 5, we do not seek to collect or otherwise Process Sensitive Personal Information about California Residents, and we do not use or disclose Sensitive Personal Information about California Residents.
• Selling or Sharing of Personal Information: We do not sell any Personal Information to third parties, as that term is defined in the CCPA. In addition, we do not sell the Personal Information of minors under 16 years of age. Additionally, we do not share any Personal Information with third parties, as that term is defined in the CCPA (i.e., for purposes of cross-context behavioral advertising).
• Retention of Personal Information: Please refer to Section 9 for details on our criteria for determining the duration for which we will retain Personal Information collected about California Residents.

If you are a California Resident, the CCPA grants you the following rights regarding your Personal Information:

• Right to Know: California Residents have the right to request that we disclose the categories of Personal Information that we collect, use, disclose or sell about you. You may also request the specific pieces of Personal Information that we have collected about you.
• Right to Request Deletion of Personal Information: California Residents have the right to request that we delete any Personal Information that we have collected from or about you. However, we may retain Personal Information as authorized under the CCPA or other applicable law, such as Personal Information required to provide our services, to protect our business and systems from fraudulent activity, to debug and identify errors that impair existing functionality, to comply with legal obligations, to comply with law enforcement requests pursuant to lawful process, for scientific or historical research, for us or others to exercise free speech or other rights, or for our own internal purposes reasonably related to your relationship with us.
• Right to Correct: California Residents have the right to request that we correct inaccurate Personal Information that we maintain about you, taking into account the nature of Personal Information and the nature of Processing. However, we are not required to comply with a request to correct where we have a good-faith, reasonable, and documented belief that a request is fraudulent or abusive, or if we have determined based on the totality of the circumstances, that the contested Personal Information held by us is more likely than not accurate and therefore does not require correction.
• Right to Opt-Out: California Residents have the right to opt-out of the sale or sharing of their Personal Information for cross-context behavioral advertising. We do not sell or share for cross-context behavioral advertising any of the categories of Personal Information that we collect about California Residents via our Sites, Apps, products, or services – so there is no need to exercise these opt-out rights.
• Right to Non-Discrimination. California Residents have the right to not be discriminated against for exercising their CCPA rights. We will not “discriminate” against you for exercising your CCPA rights as we understand that term to be defined by the CCPA and its implementing regulations.
• Authorized Agent. Under the CCPA, you may appoint an authorized agent to submit requests to exercise your rights on your behalf. Should you choose to do so, for your and our protection, we will require your authorized agent to provide us with signed permission demonstrating they are authorized to submit a request on your behalf. We note, should your authorized agent fail to submit proof that they have been authorized to act on your behalf, we will deny their request.

To exercise your rights under the CCPA, please submit your request through email at: legal@zinchfin.com. Generally, in order to verify your requests to exercise your rights, we will compare the Personal Information we have about you to pieces of Personal Information we will request in the course of processing your request. The Personal Information required for verification may include your name, email address, phone number, or postal address. We will deliver a response to you within 45 days of receiving your verifiable California Resident request.

Notice of Financial Incentives: We may offer various financial incentives. For example, we may provide incentives to customers who participate in a survey or provide testimonials. When you participate in a financial incentive, we collect Personal Information from you, such as identifiers (like your name and email address) and information about your experiences using our products or services. You can opt into a financial incentive by following the sign-up or participation instructions provided, and, for any ongoing benefits, you can opt-out at any time, such as by following the unsubscribe instructions in the applicable program’s terms or by contacting us. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your Personal Information is reasonably related to the value of the offer or discount presented to you.

California’s “Shine the Light” Law: Under California’s “Shine the Light” law, California Residents are entitled to ask us for a notice describing what categories of Personal Information MCS shares with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. However, we do not “share” your Personal Information as we understand that term to be defined by “Shine the Light” law, so there is no need to exercise these rights.

Metrics On Your Rights: The CCPA requires us to track and publish the below metrics for the previous calendar year. The below metrics are our calculations from Jan 2023 to Dec 2023, and include requests from all individuals in the U.S.

Right to Know

Received: 0
Complied with: 0
Denied: 0
Average response time: 0 days

Right to Delete

Received: 0
Complied with: 0
Denied: 0
Average response time: 0 days

Right to Opt-out of Sale

We don’t sell or share your Personal Information as those terms are used in the CCPA.

21. INFORMATION FOR VIRGINIA RESIDENTS

Under the Virginia Consumer Data Protection Act (“VCDPA”), we must disclose our practices regarding the collection, use, and disclosure of the Personal Information of Virginia Residents (“Virginia Consumers”). Virginia Consumers are also afforded additional rights with regard to the personal data we collect about them that include the rights of access, deletion, and correction. This section of our Privacy Policy directs you to the disclosures required by the VCDPA and describes the rights afforded to Virginia Consumers. We also describe the methods by which a Virginia Consumer may exercise these rights.

Required VCDPA Disclosures

• For the categories of personal data we process, please see Section 3 of this Privacy Policy.
• For a description of the purposes for processing personal data, please see Section 4 of this Privacy Policy.
• For the categories of personal data that we share with third parties, please see Section 6 of this Privacy Policy.
• For categories of third parties with whom we share personal data, please see Section 6 of this Privacy Policy.

 

Consumer Requests: Under the VCPDA, we are a controller of your personal data. If you are a Virginia Consumer, the VCDPA grants you the following rights regarding your personal data. If we are unable to authenticate your request to exercise one or more of these rights using commercially reasonable efforts, we may request that you provide additional information, such as name, email address, phone number, or postal address, to authenticate your request. We will deliver a response to you within 45 days of receiving your verifiable consumer request.

Process to Appeal Declined Requests: If we decline to take action on your request, we will notify you within 45 days of receipt of your request. In the event we decline to take action on your request, you may submit an appeal within 30 days of receiving such notice. You may submit an appeal through email at: legal@zinchfin.com. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reason(s) for the decision(s). If your appeal is denied, we will provide you with an online mechanism, if available, or other method through which you may contact the Virginia Attorney General to submit a complaint.

To exercise your rights under the VCDPA, please follow the instructions described in this section:

• Right to Access Personal Data: Virginia Consumers have the right to confirm whether or not we are processing their personal data and to access such personal data. Verifiable consumer requests to confirm and access may be submitted through email at:legal@zinchfin.com.
• Right to Correct Personal Data: Virginia Consumers have the right to correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data. Verifiable consumer requests to correct may be submitted through email at:legal@zinchfin.com.
• Right to Delete Personal Data: Virginia Consumers have the right to delete personal data provided by or obtained about the consumer. Verifiable consumer requests to delete may be submitted through email at: legal@zinchfin.com.
• Right to Data Portability: Virginia Consumers have the right to obtain a copy of their personal data that the consumer previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means. Verifiable consumer requests for data portability may be submitted through email at:legal@zinchfin.com.

Right to Opt-Out: Virginia Consumers have the right to opt out of the processing of personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in connection with automated decisions that produce legal or similarly significant effects concerning the consumer. Verifiable consumer opt-out requests may be submitted through email at: legal@zinchfin.com.

22. INFORMATION FOR COLORADO RESIDENTS

 

Under the Colorado Privacy Act (“CPA”), we, the data controller, must disclose our practices regarding the collection, use, and disclosure of the Personal Information of Colorado Residents (“Colorado Consumers”). Colorado Consumers are also afforded additional rights with regard to the personal data we collect about them that include the rights of access, deletion, and correction. This section of our Privacy Policy directs you to the disclosures required by the CPA and describes the rights afforded to Colorado Consumers. We also describe the methods by which a Colorado Consumer may exercise these rights.

Required CPA Disclosures

• For the categories of personal data we (the controller) process, please see Section 3 of this Privacy Policy.
• For a description of the purposes for processing personal data, please see Section 4 of this Privacy Policy.
• For the categories of personal data that we share with third parties, please see Section 6 of this Privacy Policy.
• For categories of third parties with whom we share personal data, please see Section 6 of this Privacy Policy.

Consumer Requests: Under the CPA, we are a controller of your personal data. If you are a Colorado Consumer, the CPA grants you the following rights regarding your personal data. If we are unable to authenticate your request to exercise one or more of these rights using commercially reasonable efforts, we may request that you provide additional information, such as name, email address, phone number, or postal address, to authenticate your request. We will deliver a response to you within 45 days of receiving your verifiable consumer request.

Process to Appeal Declined Requests: If we decline to take action on your request, we will notify you within 45 days of receipt of your request. In the event we decline to take action on your request, you may submit an appeal within 30 days of receiving such notice. You may submit an appeal through email at: legal@zinchfin.com. Within 45 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reason(s) for the decision(s). If your appeal is denied, we will provide you with an online mechanism, if available, or other method through which you may contact the Colorado Attorney General to submit a complaint.

To exercise your rights under the CPA, please follow the instructions described in this section:

• Right to Access Personal Data: Colorado Consumers have the right to confirm whether or not we are processing their personal data and to access such personal data. Verifiable consumer requests to confirm and access may be submitted through email at: legal@zinchfin.com.
• Right to Correct Personal Data: Colorado Consumers have the right to correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data. Verifiable consumer requests to correct may be submitted through email at: legal@zinchfin.com.
• Right to Delete Personal Data: Colorado Consumers have the right to delete personal data provided by or obtained about the consumer. Verifiable consumer requests to delete may be submitted through email at: legal@zinchfin.com.
• Right to Data Portability: Colorado Consumers have the right to obtain a copy of their personal data that the consumer previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means. Verifiable consumer requests for data portability may be submitted through email at: legal@zinchfin.com.
• Right to Opt-Out: Colorado Consumers have the right to opt out of the processing of personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in connection with automated decisions that produce legal or similarly significant effects concerning the consumer. Verifiable consumer opt-out requests may be submitted through email at: legal@zinchfin.com.

Authorized Agent. Under the CPA, you may appoint an authorized agent to submit requests to exercise your rights on your behalf. Should you choose to do so, for your and our protection, we will require your authorized agent to provide us with signed permission demonstrating they are authorized to submit a request on your behalf. We note, should your authorized agent fail to submit proof that they have been authorized to act on your behalf, we will deny their request.

23. INFORMATION FOR CONNECTICUT RESIDENTS

Under the Connecticut Data Privacy Act (“CTDPA”), we, the data controller, must disclose our practices regarding the collection, use, and disclosure of the Personal Information of Connecticut Residents (“Connecticut Consumers”). Connecticut Consumers are also afforded additional rights with regard to the personal data we collect about them that include the rights of access, deletion, and correction. This section of our Privacy Policy directs you to the disclosures required by the CTDPA and describes the rights afforded to Connecticut Consumers. We also describe the methods by which a Connecticut Consumer may exercise these rights.

Required CTDPA Disclosures

• For the categories of personal data we (the controller) process, please see Section 3 of this Privacy Policy.
• For a description of the purposes for processing personal data, please see Section 4 of this Privacy Policy.
• For the categories of personal data that we share with third parties, please see Section 6 of this Privacy Policy.
• For categories of third parties with whom we share personal data, please see Section 6 of this Privacy Policy.

Consumer Requests: Under the CTDPA, we are a controller of your personal data. If you are a Connecticut Consumer, the CTDPA grants you the following rights regarding your personal data. If we are unable to authenticate your request to exercise one or more of these rights using commercially reasonable efforts, we may request that you provide additional information, such as name, email address, phone number, or postal address, to authenticate your request. We will deliver a response to you within 45 days of receiving your verifiable request.

Process to Appeal Declined Requests: If we decline to take action on your request, we will notify you within 45 days of receipt of your request. In the event we decline to take action on your request, you may submit an appeal within 30 days of receiving such notice. You may submit an appeal through email at: legal@zinchfin.com. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, we will provide you with an online mechanism, if available, or other method through which you may contact the Connecticut Attorney General to submit a complaint.

To exercise your rights under the CTDPA, please follow the instructions described in this section:

• Right to Access Personal Data: Connecticut Consumers have the right to confirm whether or not we are processing their personal data and to access such personal data. Verifiable consumer requests to confirm and access may be submitted through email at: legal@zinchfin.com.
• Right to Correct Personal Data: Connecticut Consumers have the right to correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data. Verifiable consumer requests to correct may be submitted through email at: legal@zinchfin.com.
• Right to Delete Personal Data: Connecticut Consumers have the right to delete personal data provided by or obtained about the consumer. Verifiable consumer requests to delete may be submitted through email at: legal@zinchfin.com.
• Right to Data Portability: Connecticut Consumers have the right to obtain a copy of their personal data that the consumer previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means. Verifiable consumer requests for data portability may be submitted through email at: legal@zinchfin.com.
• Right to Opt-Out: Connecticut Consumers have the right to opt out of the processing of personal data for purposes of (i) targeted advertising, (ii) the sale of personal data or (iii) profiling in connection with automated decisions that produce legal or similarly significant effects concerning the consumer. Verifiable consumer opt-out requests may be submitted through email at: legal@zinchfin.com.

Authorized Agent. Under the CTDPA, you may appoint an authorized agent to submit requests to exercise your rights on your behalf. Should you choose to do so, for your and our protection, we will require your authorized agent to provide us with signed permission demonstrating they are authorized to submit a request on your behalf. We note, should your authorized agent fail to submit proof that they have been authorized to act on your behalf, we will deny their request.

24. INFORMATION FOR UTAH RESIDENTS

Under the Utah Consumer Privacy Act (“UCPA”), we, the data controller, must disclose our practices regarding the collection, use, and disclosure of the Personal Information of Utah Residents (“Utah Consumers”). Utah Consumers are also afforded additional rights with regard to the personal data we collect about them that include the rights of access, deletion, and correction. This section of our Privacy Policy directs you to the disclosures required by the UCPA and describes the rights afforded to Utah Consumers. We also describe the methods by which a Utah Consumer may exercise these rights.

Required UCPA Disclosures

• For the categories of personal data we (the controller) process, please see Section 3 of this Privacy Policy.
• For a description of the purposes for processing personal data, please see Section 4 of this Privacy Policy.
• For the categories of personal data that we share with third parties, please see Section 6 of this Privacy Policy.
• For categories of third parties with whom we share personal data, please see Section 6 of this Privacy Policy.

Consumer Requests: Under the UCPA, we are a controller of your personal data. If you are a Utah Consumer, the UCPA grants you the following rights regarding your personal data. If we are unable to authenticate your request to exercise one or more of these rights using commercially reasonable efforts, we may request that you provide additional information, such as name, email address, phone number, or postal address, to authenticate your request. We will deliver a response to you within 45 days of receiving your verifiable request.

To exercise your rights under the UCPA, please follow the instructions described in this section:

• Right to Access Personal Data: Utah Consumers have the right to confirm whether or not we are processing their personal data and to access such personal data. Verifiable consumer requests to confirm and access may be submitted through email at: legal@zinchfin.com.
• Right to Correct Personal Data: Utah Consumers have the right to correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data. Verifiable consumer requests to correct may be submitted through email at: legal@zinchfin.com.
• Right to Delete Personal Data: Utah Consumers have the right to delete personal data provided by or obtained about the consumer. Verifiable consumer requests to delete may be submitted through email at: legal@zinchfin.com.
• Right to Data Portability: Utah Consumers have the right to obtain a copy of their personal data that the consumer previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means. Verifiable consumer requests for data portability may be submitted through email at: legal@zinchfin.com.
• Right to Opt-Out: Utah Consumers have the right to opt out of the processing of personal data for purposes of (i) targeted advertising, (ii) the sale of personal data or (iii) profiling in connection with automated decisions that produce legal or similarly significant effects concerning the consumer. Verifiable consumer opt-out requests may be submitted through email at: legal@zinchfin.com.

Authorized Agent. Under the UCPA, you may appoint an authorized agent to submit requests to exercise your rights on your behalf. Should you choose to do so, for your and our protection, we will require your authorized agent to provide us with signed permission demonstrating they are authorized to submit a request on your behalf. We note, should your authorized agent fail to submit proof that they have been authorized to act on your behalf, we will deny their request.

25. NEVADA PRIVACY RIGHTS

We do not currently conduct sales of personal information as defined by applicable law in Nevada.

26. ACCEPTANCE OF THESE TERMS

If you do not agree to the terms of our Privacy Policy, please do not provide us with any information and do not use the site. By using the site and voluntarily providing your Personal Information to us, you consent to the collection and use of such Personal Information as set forth in the Privacy Policy as in effect at the time of your submission.

Some of our web sites are hosted on our secured web servers in the United States. If you are located in a non-US jurisdiction, your provision of Personal Information or other access to our web sites constitutes your consent to the transfer of such data to the United States, a jurisdiction that may not provide an equivalent level of data protection to the laws in your home country. In addition, if you are a resident of a country within the European Union, by using this site and providing us your Personal Information, you explicitly acknowledge and agree to (i) the transfer of your Personal Information to the United States, and (ii) the collection and use of your Personal Information in accordance with this Privacy Policy.

27. CHANGES TO THIS POLICY

MCS may modify this policy from time to time. We encourage you to revisit this page often to remain fully informed of our policy. If we make any change in how we use your Personal Information we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

28. DEFINITIONS

“App” means any application made available by us (including where we make such applications available via third party stores or marketplaces, or by any other means).

“CCPA” means the California Consumer Privacy Act, as amended by the California Privacy Rights Act.

“Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Privacy Policy, a reference to a “cookie” includes analogous technologies such as pixels, web beacons, and clear GIFs. For more information on cookies and similar tools, see Section 12 above.

“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

“Process”, “Processing” or “Processed” means anything that is done with any Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 

“Profiling” means any form of automated Processing of Personal Information consisting of the use of Personal Information to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

“Sensitive Personal Information” is a specific subset of Personal Information that includes certain government identifiers (such as social security numbers); an account log-in, financial account, debit card, or credit card number with any required security code, password, or credentials allowing access to an account; precise geolocation; contents of mail, email, and text messages; genetic data; biometric information Processed to identify a consumer; information concerning a consumer’s health, sex life, or sexual orientation; or information about racial or ethnic origin, religious or philosophical beliefs, or union membership.

“Site” means any website operated, or maintained, by us or on our behalf, including but not limited to the site available at URL https://zinchfin.com/.

29. CONTACTING US

For questions or comments regarding our Privacy Policy, please contact:

Merchant Capital Source dba Zinch
695 Town Center Dr #1200
Costa Mesa, CA 92626
Telephone number: 714-969-7878

Effective: February 7, 2024