General & Acceptance
Section 1: Eligibility
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all application information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe, in our sole discretion, that you are less than 18 years of age.
Section 2: Provided Services
Subject to full compliance with the Terms of this Use Agreement, Kabbage shall provide certain services related to the input of your marketplace ID(s) on various pages of the Website. The Services are provided by Kabbage AS IS and Kabbage assumes no responsibility for any failure in providing the Services to you. Kabbage may change, suspend or discontinue any or all of the Services for any reason, at any time, including the availability of any products or services included within the Services. Kabbage may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Kabbage may include commercial opportunities or content in any Kabbage product, services, image or webpage.
Section 3: General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site. You will not use the Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code. You will not use bots to engage the Services.
Section 4: The Website
Section 5: Website Access
Section 6: Fees & Payment
Some of the services offered on the Website may require the payment of fees, interest and other amounts ("Charged Services"). These services are subject to separate agreements into which you must enter prior to participating in such service. If you elect to sign up for Charged Services, you shall pay all applicable amounts, as described on the Website in connection with such Charged Services selected by you. Kabbage reserves the right to change its prices and at any time, subject to applicable law. You authorize Kabbage directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to Kabbage. Other amounts and the terms for payment of those amounts are described of specific application pages as you progress through your application (and from time to time thereafter).
Section 7: Intellectual Property Rights
The content on the Website (the "Content") and the Services are subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Kabbage uses only Content that it owns or is otherwise allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kabbage reserves all rights not expressly granted in and to the Website, Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Services other than expressly permitted herein for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use of Services or copying of any Content or enforce limitations on use of the Website or any of the Services or Content therein.
Section 8: Third-Party Service Providers
Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Proprietary Rights. You are permitted to use content delivered to you through the Services only on the Services. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Services technology.
Content You Provide. You are licensing to Kabbage and its service providers ("Service Provider"), any information, data, passwords, materials or other content (collectively, "Content") you provide through or to the Services for the purpose of enabling Kabbage and the Service Provider to provide you the Services. During the term of this Agreement, Kabbage and the Service Provider may use, modify, display, distribute and create new material using such Content to provide the Services to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without payment of any fees, Kabbage and the Service Provider may use the Content for the purposes set out above.
Third Party Accounts. By using the Services, you authorize Kabbage and the Service Provider to access third-party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Kabbage and the Service Provider a limited power of attorney, and you hereby appoint Kabbage and the Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third- party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN KABBAGE OR THE SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, KABBAGE AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third- party account providers shall be entitled to reply on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. You acknowledge that through the use of the Services, Kabbage shall have access to your account credentials, including but not limited to login username and passwords.
Section 9: Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KABBAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KABBAGE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. IN NO EVENT SHALL KABBAGE, ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. KABBAGE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KABBAGE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KABBAGE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Section 10: Indemnity
Section 11: Events Beyond Control
Under no circumstances shall Kabbage be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Kabbage, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
Section 12: Assignment
Section 13: General
Terms of Service
The USA Patriot Act
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING AN ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account with Celtic Bank, Celtic Bank will ask for your name, mailing address and other information that will allow Celtic Bank to verify your identity. Celtic Bank may also ask to see a driver's license or other identifying documents.
In connection with your use of the Site, we collect, directly or indirectly, three types of information:
- Information regarding a business ("Business Information");
- Information about the business's owners and principals ("User Information"); and
- General information (i.e. non personally identifiable information such as website-use information) that is automatically collected as you interact with the Site ("General Information").
Business and User Information
In connection with providing services to Celtic Bank, we may receive Business Information from users, including, but not limited to: business name, mailing address, email address, telephone number, business size, business type, business incorporation date, bank account information, marketplace account information, payment processing procedures, social network data, shipping information, accounting information and vendor service information. We may also receive User Information that consists of personally identifiable information, including, but not limited to: the owner's or principal’s name, mailing address, email address, telephone number, date of birth, social security number, and estimated FICO score.
We collect User Information and Business Information from you when you (i) register on the Site, (ii) fill out forms or fields on the Site, (iii) complete an application for a product or service available through the Site or (iv) communicate with us by email, mail, text, telephone, facsimile or other electronic means. In the course of providing services to Celtic Bank, we may collect additional Business Information or User Information from third parties, including, but not limited to, referral partners, identity verification services, mailing list providers, credit bureaus, and publicly available sources and may combine this information with information we already have about you.
We collect General Information from your computer, mobile device or other access device when you use the Site (including downloading and using a mobile application or accessing a mobile optimized site), view content about the Site on a third-party website or open emails or links in emails from us. This General Information includes, but is not limited to, information about (i) your Internet connection; (ii) the equipment you use to access the Site and usage details; (ii) your operating system, browser version and IP address; (iii) your mobile device type, your device’s unique identifier and your mobile network information and (iv) web pages or advertisements that you view and information that you search for on the Site. As is true of most websites, 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, files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data. We may link this automatically collected data to other information we collect about you.
We also use analytics software to allow us to better understand the functionality of our mobile application. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
Use of Information
One of our primary purposes in collecting Business Information, User Information and General Information from the Site and from third parties is to establish a safe, smooth, efficient and customized experience that allows website and mobile users to take full advantage of the products and services available through the Site. We use the information collected through the Site to:
- Enable users to obtain products and services through the Site;
- Facilitate activities and transactions that occur in connection with marketing, underwriting, lending, servicing and collections;
- Send notifications and information regarding the Site and products or services available through the Site;
- Provide customer support;
- Protect against potentially prohibited or illegal activities, including fraud;
- Fulfill legal requirements;
- Customize and enhance user experience;
- Provide targeted marketing and advertising;
- Measure the performance of and improve the Site or mobile application functionality;
- Manage and protect our information technology infrastructure;
- Administer and manage the security of the Site;
- Compile, use, research, analyze, and generate data analytics reports to better understand our customers
- To support our business operations including, but not limited to, Site customer services, fraud prevention, secure data storage, and other similar services. These companies are authorized to use your personally identifiable information only as necessary to provide these services to us;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other transfer of all or a portion of our business or an operating unit;
- To fulfill the purpose for which you provide such information to us or any other purpose disclosed by us when you provide the information to us;
- To any third party with your consent;
- To protect the confidentiality or security of your records, to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability, or for resolving disputes or inquiries;
- To comply with federal, state or local laws, rules and other applicable legal requirements, to comply with properly authorized civil, criminal or regulatory investigations, subpoenas, summons, bankruptcy notices by federal, state or local authorities, or to respond to judicial process or government regulatory authorities that have jurisdiction over us for examination, compliance or other purposes as authorized by law; and
- To the extent permitted or required under other provisions of laws to law enforcement, the Federal Trade Commission or self-regulatory organizations for an investigation related to public safety.
Subject to any opt-out under the "Your Choices" section, we may share, whether aggregated or not, Business Information and User Information with our business partners, including for jointly offered products and services, under agreements which restrict our business partners' use of the information and require business partners to follow policies regarding privacy and safeguarding of User Information and Business Information. Business partners may use such information obtained from us to market their or our products or services to you, including jointly offered products or services.
We may also use, sell, license or distribute General Information (i.e., non-personally identifiable information) or personally identifiable User Information that has been anonymized so that the information does not identify a specific user without restriction, including, but not limited to for producing data analytics and reports for business partners or others.
You may review or modify your Business Information and User Information by logging into your Kabbage® account and updating your customer profile. This section of the Site is password protected to better safeguard your information. As a customer, you can update your password, physical address, and phone number at any time on the Site and if you need to change any other information in your profile, you can contact us at email@example.com or 888-986-8263.
We will retain your information for as long as your account is active or as long as reasonably useful for commercial purposes. We may be able to close your application but will need to retain certain information as necessary to comply with applicable laws regarding recordkeeping, reporting and audits. Upon request, we can inform you of whether we maintain any of your personally identifiable information.
Providing information regarding your browsing and application activity is voluntary. Most computer systems and browsers offer their own privacy settings. You can adjust your privacy settings to disable the cookies used on the Site. If you disable cookies, you can still use the Site, but your ability to use some features of the Site may be limited. Most mobile phones allow you to control privacy settings, including location-based services by accessing the device's setting's menu. If you have questions about the privacy settings on your mobile device, you should contact your mobile service carrier.
Kabbage®, its affiliates or its business partners may contact you to offer you products and services that may be of interest to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails, telephone solicitations or other forms of contact from Kabbage®, our affiliates, and our trusted business partners by following the unsubscribe instructions included in these emails or by contacting us at firstname.lastname@example.org or 888-986-8263. You may write to us at Kabbage® Customer Service P.O. Box 77073, Atlanta, GA 30357-1073, Attn: Marketing Opt-Out. We will respond to your request within a reasonable timeframe. If you no longer wish to receive marketing notifications through the Kabbage® mobile application, you can adjust your device's privacy preferences by visiting the settings page of the application. Opting out of newsletter or marketing emails or notifications will not stop any non-marketing emails or notifications related to the Site's functionality or the products or services available through the Site.
Third Party Information Collection
Links to Third Party Websites
Security of Information
We protect User Information and Business Information by using reasonable physical, electronic and procedural safeguards in compliance with applicable federal and state regulations. We use computer safeguards such as firewalls and data encryption using Transport Layer Security (TLS) technology. We also limit access to User Information and Business Information to employees who need the information to fulfill their job responsibilities. Such employees are provided access to User Information and Business Information only to the extent necessary to complete their job duties.
We store and process information using third-party servers located in secure data centers in the United States. If you have any questions about the security of User Information and Business Information, you can contact us at the address at the bottom of this policy.
We may display testimonials of satisfied customers of Kabbage® Small Business Loans on the Site in addition to other endorsements. With your consent we may, on behalf of Celtic Bank, post your testimonial along with the business's and business owner's or principal's name and picture. If you wish to update or delete your testimonial, you can contact us at the address at the bottom of this policy.
If you choose to participate in the Kabbage® referral service program to tell a business about the Site, we will ask you for the business's name and email address. We will automatically send the business an email, on behalf of Celtic Bank, inviting the business to visit the Site. We store information about the business for the purpose of sending an email and tracking the success of the referral program. We may send additional emails to the business, on behalf of Celtic Bank, unless the business opts out of receiving such emails. The business may contact us at the address at the bottom of this policy to request that we remove its information from our database.
Children Under 13
This Site and products or services available through this Site are not intended for children under 13 years-old. Neither we nor Celtic Bank knowingly solicit data online from or market online to children under 13 years-old. If we knowingly receive a child's personally identifiable information, we will immediately delete it from our system.
Social Media Widgets
We will retain your information for as long as the information is needed to provide you Site services. If you wish to request that we no longer use your information to provide you Site services, you may contact us at the address at the bottom of this policy. We will nonetheless retain your information to the extent that we deem necessary to comply with our legal or contractual obligations, resolve disputes or for other business purposes.
Data Collected through the Site
Kabbage, Inc. handles customer information provided to Celtic Bank through the Site in accordance with policies and procedures established by Celtic Bank. Inquiries regarding customer information should be directed to email@example.com or at the address at the bottom of this policy. A request to remove customer information will be responded to within 30 days of receipt of the request.
925B Peachtree Street NE, Suite 1688
Atlanta, GA 30309
For inquiries please call: 888-986-8263
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based, privacy and data usage third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.