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COMMERCIAL CAPITAL PRIVACY POLICY 

 

This privacy policy (“Privacy Policy”) outlines how Commercial Capital Company, L.L.C., along with its affiliates, subsidiaries, and related entities (collectively referred to as “we,” “us,” or “Commercial Capital”), collects, stores, uses, discloses, and safeguards Personal Data from both current and potential customers. The term “Personal Data” encompasses any information that can identify an individual, regardless of their location globally. This may include details such as name, address, email address, phone number, login credentials (account number and password), marketing preferences, social media accounts, social security numbers, national identification numbers, and payment card information. Please note that Personal Data excludes information that does not identify a specific individual. 

 

We strive to uphold your trust and confidence in the management of your Personal Data. Safeguarding your personal information is our top priority. We ensure its protection through a combination of physical, electronic, and procedural measures that comply with relevant legal standards. 

 

What This Privacy Policy Covers 

This Privacy Policy describes the following general aspects of our collection and processing of Personal Data concerning you: 

  1. Personal Data We Collect 
  2. How We Process Your Personal Data 
  3. Sharing of Personal Data with Third Parties 
  4. Technology Used in Collecting Personal Data 
  5. How we Use Automated Decision Making 
  6. What are Your Rights Related to Your Personal Data 
  7. Right to Lodge a Complaint 
  8. International Transfer of Your Information 
  9. Changes to Privacy Policy 
  10. How we Protect Your Personal Data 
  11. How Long We Store Your Personal Data 
  12. How to Contact Us 

 

  1. Personal Data We Collect
  • We gather Personal Data and various types of information that you provide directly or indirectly, whether intentionally or unintentionally. This information may be collected through emails, web forms, or other means, and includes, but is not limited to, the following: 

 

  • contact information; 
  • personal identification information, including: name, date of birth, address, social security number or country identification number, passport number, driver’s license number, home phone numbers, personal cell phone numbers, personal email addresses and country of citizenship information; 
  • IP address; 
  • business and financial structure and history; 
  • past business transactions; 
  • ownership information; 
  • vendor information; 
  • financial statements; 
  • credit explanations and credit histories; 
  • bank account statements; 
  • facility lists; 
  • guarantor information; and 
  • bank account details. 

 

We may also solicit authorization for Commercial Capital to obtain credit information and other financial information regarding all principals, sole proprietors and guarantors, including, at times, personal tax returns. 

When you visit our website, our servers may automatically collect your IP address, the name of the domain you used to access the Internet, the link that brought you to our website and any links clicked within our website. 

Certain information may also be automatically collected through third-party tools used on Commercial Capital’s website, which collect information that may include your browser type and operating system; IP address and general geographic location; the date and time of your visit; the content viewed on our website; and website features accessed. Some of this information may be retained by us only during your visit to our website, and some information may be gathered on an aggregated, pseudonymous basis. 

We may monitor social media platforms and review sites to gather information from comments or reviews. When you share information on social media pages operated by Commercial Capital, we may collect details about your interactions on those pages, such as whether you visited, commented, or provided a rating or review. 

  1. How We Process Your Personal Data

In this section, we outline the purposes for which we utilize the Personal Data we collect and, in accordance with our obligations under the General Data Protection Regulation (“GDPR”), we specify the legal basis that justify our processing of that Personal Data. These legal basis are defined within the GDPR, which permits companies to process personal data only when such processing is authorized under the following grounds: 

  • Consent: where you have consented to our use of your Personal Data; 
  • Contract performance: where your Personal Data is necessary to enter into or perform our contract with you; 
  • Legal requirements: where we need to use your Personal Data to comply with our legal obligations; 
  • Legitimate interests: where we use your Personal Data to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights; and 
  • Vital interests: where we use your Personal Data to protect the vital interests of you or of another natural person. 
  • Public interest: where we use your Personal Data as necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us. 

 

Your Personal Data may be used for following purposes on the following basis: 

  • On the basis of fulfilling our contract with you or deciding whether or not to enter into a contract with you, and to fulfill our legitimate interests of determining the creditworthiness of a prospective customer, help prevent fraud and verify safety records:
     
  • We may process your Personal Data to evaluate and facilitate client transactions. Commercial Capital leverages multiple sources to assess the creditworthiness of prospective customers, prevent fraud, and verify safety records. These sources include credit reporting agencies, background check firms, business verification platforms such as the official websites of Secretaries of State, the Federal Department of Transportation’s Safety and Fitness Electronic Records (SAFER) system, and other relevant resources. 
  • If we did not process your Personal Data as described directly above, we could not determine your creditworthiness and therefore, would be unable to offer you credit. 
  • We may also process your Personal Data to service your account and fulfill your requests. 
  • If we did not process your Personal Data as described directly above, we could not perform these services for you. 
  • On the basis of fulfilling our contract with you or deciding whether or not to enter into a contract with you, to enforce our legal rights, and to fulfill our legitimate interests of help prevent fraud:
     
  • We may process your Personal Data for skip tracing, service of legal process, collecting on debt through judicial processes, evaluating settlement proposals, pursuing collection of payment and seizing collateral. 
  • If we did not process your Personal Data as described above, we could not protect ourselves against potential fraud and therefore, would be unable to offer you credit. 
  • On the basis of fulfilling our legal requirements:
     
  • We may disclose Personal Data to comply with or respond to a request or requirement pursuant to law, regulation, or from a governmental or judicial body, or to help prevent fraud or for risk management purposes. 
  • We may also use information collected for other legal purposes from time to time. 
  • On the basis of our legitimate interests in the delivery of our products, services and communications to you as well as to our other customers and partners, and developing and growing our business, we process Personal Data in the following manner:
     
  • Information collected through third-party tools used on Commercial Capital’s websites may be used by us and our service providers, affiliates and business partners to measure the number of visits, average time spent, page views and other general statistics about the overall use of our website, in order to monitor and improve website performance, improve our products and services, and make the website easier and more convenient to use. 
  • We may use technology such as cookies and web beacons to process your Personal Data for the purpose of learning more about how people use our site, including to measure the number of visits, average time spent, page views and other general statistics about the overall use of our website, in order to monitor and improve website performance, improve our products and services, and make the website easier and more convenient to use. 
  • We may use information obtained from Google Alerts regarding you to alert our sales team to a potential sales opportunity (for example, when a customer has opened an office in a new location). 
  • We may process your Personal Data as part of managing customer relationships, including assisting in making credit decisions and determining potential eligibility for additional credit. 
  • On the basis of our legitimate interest to protect our organization and our customers from cyber threats, we process Personal Data in the following manner:
     
  • Pursuant to Recital (49) of the GDPR, organizations have a recognized legitimate interest in collecting and processing Personal Data to the extent strictly necessary and proportionate for the purposes of ensuring network and information security. According to said Recital (49), network and information security means the ability of a network or of an information system to resist events, attacks or unlawful or malicious actions that could compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted data, or the security of the related services offered by, or accessible via those networks and systems. Therefore, we process your Personal Data to the extent necessary and proportionate for the purposes of detecting, blocking, reporting, and mitigating cyber-threats. 
  • On the basis that you have provided your consent to have your Personal Data processed, we process Personal Data in the following manner:
     
  • To send you promotional, advertising, and other marketing materials or communications from us or our agents via email, facsimile, telephone, or text message. 
  • You may revoke your consent at any time by contacting us, as provided below. Revoking your consent will prevent us from processing your information for the purposes in which we sought consent but will not affect any other processing of information or the other services we provide to you. Revoking your consent will also not affect the lawfulness of our processing of your Personal Data for the period before you withdrew your consent. 
  • On the basis of our legitimate interest of reorganizing or making changes to our business, we may process Personal Data in the following manner:
     
  • In the event that we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a re-organization, we may need to transfer some or all of your Personal Data to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analyzing any proposed sale or re-organization. We may also need to transfer your Personal Data to that re-organized entity or third party after the sale or reorganization for them to use for the same purposes as set out in this policy. 

 

  1. 3. Sharing of Personal Data with Third Parties

When you share information with us, we may disclose that information to service providers we have engaged to perform tasks on our behalf. These service providers will only receive the Personal Data necessary for them to carry out the requested services and are not permitted to use or disclose your information except as required to fulfill their duties or to meet legal obligations. We maintain contracts with these companies that enforce the same confidentiality standards that govern our practices. 

We may also share your information with our affiliates and business partners to fulfill your requests, manage your account, enhance our services, and inform you about offers related to our products, services, and events, as well as those of our affiliates and business partners. 

We may share your personal information, including contact details, equipment information, and claim details, with our designated equipment insurance providers to process claims, verify coverage eligibility, and administer your insurance policy as needed. 

Commercial Capital’s credit department may share a customer’s financial information with credit bureaus, banks and financing sources involved in transactions with such customer, particularly for transactions that are to be syndicated. 

Commercial Capital may use one or more digital advertising bid management systems, which may be integrated with customer relationship management (CRM) software to pull customer data.  Such data may also be made available to a third-party agency for optimization. All information that is collected by means of email is stored with our CRM providers. We may also share information with third parties for services that we believe may be of interest to clients/customers. 

Commercial Capital shares analytics and performance data – such as application counts, funded dollars related to vendor, losses, reasons for losses, and customer satisfaction data – with vendor partner companies for the purpose of establishing credit eligibility (such as to obtain your FICO score) and determining potential eligibility for additional credit. 

We may also disclose your information: (i) if we are required or permitted to do so by law or legal process; (ii) to law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; (iv) in the event that all or part of Commercial Capital or all or part of its assets are acquired by, merged with, sold to or otherwise disposed of to one or more third parties; or (v) in the event of bankruptcy. 

We may aggregate information that we gather about our customers and users of our site, including traffic patterns and services, and provide these statistics to our service providers, affiliates and/or business partners in aggregate form.  This aggregate information, however, is not personally identifiable. 

Some of the content, functionality and services on our website may be provided by third parties that are not affiliated with Commercial Capital.  These types of entities may collect or receive certain information about your use of the website, including using cookies, web beacons, and similar technologies.  These entities may collect this information over time and combine it with other information collected from different websites and online services. Commercial Capital is not responsible for third parties’ privacy practices, or for the accuracy of information obtained from third parties. 

Commercial Capital does not sell, rent, lease or otherwise share your personal information with third parties for their own marketing purposes. 

  1. 4. Technology Used in Collecting Personal Data

Commercial Capital and third parties that provide content, functionality and services on our website use a variety of technologies to learn more about how people use the website. These primarily include the following: 

Cookies 

In collecting information, we may utilize cookies – small text files used to store information about users on the users’ own computers – so that our website can recognize you as the same users across different visits to the website. These are also placed in outbound marketing emails to track engagement.  You can configure your Internet browser system to warn you each time a cookie is being sent or to refuse cookies completely. Refusing to allow cookies could impact the functionality of our website. Cookies may be used to collect information about your browsing activities to provide you with more relevant content and promotional materials, on and off the website, and to help us understand your interests and improve the website. 

Web beacons 

We and our third-party partners may use web beacons, which is a technology that communicates information from your internet browser to a web server. Web beacons can be embedded in banners and links on vendor websites, videos or emails, and permit a web server to read certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the web beacon, the IP address of your computer, and the URL of the web page from which the web beacon was viewed. We and our partners use web beacons for a variety of purposes, including to analyze the use of our website and in conjunction with cookies to improve the website and provide you with more relevant promotional materials. 

User analytics and social media 

Commercial Capital utilizes Google Analytics for user analytics, and we may also use social media (e.g., Twitter, LinkedIn, Facebook, YouTube, comments, requests, and reviews) for purposes of information collection.  Your use of social media sites is governed by the privacy policies of those sites. We do not capture or store your login information or other Personal Data for these services, but session information or cookies may, however, be stored. 

  1. SMS Terms and Conditions

2.1 SMS For Consent Communication

The Phone Numbers obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

2.2 Types of SMS Communications If you have consented to receive text messages from Commercial Capital Company, LLC, you may receive text messages related to: (Appointment reminders, meetings, and follow-up on cases.)

For Example: Hello, Thank you for contacting Commercial Capital Company, LLC, how can we help you? Reply Stop to opt-out at any time. Message and data rates may apply, for assistance, text Help” or visit our Privacy Policy and Terms of Service

2.3 Message Frequency: Our SMS message frequency will be from 50 to 1000 text messages daily across all users.

2.4 Potential Fees for SMS Messaging: Many carriers charge a fee for each message sent or received. This can vary depending on the carrier’s pricing structure and whether the message is sent domestically or internationally.

2.5 Opt-In Method: Customer will Opt-In for SMS messaging from Commercial Capital Company, LLC through intake forms on their website located at https://ccckc.com/, this agreement for SMS will not be shared with third parties for marketing purposes.

2.6 Opt-out: Customer will be able to opt out of SMS messaging from Commercial Capital Company, LLC by replying STOP at any time to any received SMS message, once opted-out they will receive no further SMS communication. They can Opt-back-In at any time by replying START

 

  1.  How we Use Automated Decision Making

We do not rely solely on automated decision-making for any determinations. However, we may utilize technology to automate the collection and organization of information about applicants. These reports may be referenced when assessing whether to extend credit to an applicant and to evaluate their potential eligibility for additional credit. 

  1. What are Your Rights Related to Your Personal Data

You have the following rights in relation to your Personal Data: 

  • to ask us to provide you with information regarding the Personal Data we process concerning you; 
  • to rectify, update or complete inaccurate or incomplete Personal Data concerning you; 
  • to delete or request the erasure of Personal Data concerning you that we no longer have a lawful ground to use; 
  • in certain circumstances, to require us to restrict the way in which we process your Personal Data; 
  • to withdraw any consent you may have given for us to process Personal Data concerning you; 
  • to object to our processing of Personal Data concerning you on the basis of our, or of third-parties’, legitimate interests; 
  • to obtain a copy of the Personal Data that you have provided to us. 

 

Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). Where your exercise of any of the rights above is dependent on our action, we will abide by our legal obligation to take reasonable measures to ascertain your identity and the legitimacy of your request, and may ask you to disclose to us any information necessary for that purpose. We will respond to legitimate requests within a month of our receipt of the request. Pursuant to any such requests, we may retain certain data necessary to prevent fraud or future abuse or as otherwise required or permitted by law, including to comply with legal obligations we are subject to, as well as to establish, exercise and defend our legal claims. 

Further, we will use reasonable means to ensure that the Personal Data you provided us remains accurate. To assist us with this, you should notify us of any changes to the Personal Data you have provided to us. 

To exercise of any of the rights above that are dependent on our action, you may contact us by email at kbanks@ccckc.com or by regular mail at: 

Commercial Capital Company
13910 W 96th Ter. Lenexa, KS 66215 

  1.  Right to Lodge a Complaint

The General Data Protection Regulation gives you the right to lodge a complaint with a supervisory authority, in the European Union (or EEA) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113. 

  1. International Transfer of Your Information

Commercial Capital, along with its affiliates, service providers, and business partners, is based in the United States. As a result, your Personal Data may be accessed by personnel located outside the European Economic Area (EEA), transferred to, and/or stored in regions where data protection laws may not be as stringent as those in the EEA.

When transferring Personal Data from within the EEA to outside its borders, we may need to implement specific additional measures to protect the relevant data. Some countries outside the EEA have been recognized by the European Commission as providing adequate protection comparable to EEA data protection laws, which means no further safeguards are necessary for transferring Personal Data to these jurisdictions. For countries that do not have such approvals, we will establish legal justifications for the transfer, such as utilizing EU Commission-approved model contractual clauses or other legal bases as permitted by applicable regulations. 

  1. Changes to Privacy Policy

We reserve the right to modify or enhance this Privacy Policy at any time. Should we implement any significant changes to the Privacy Policy, we will notify you via email (sent to the address you provided) and/or update this Privacy Policy to reflect those changes. We encourage you to regularly review this Privacy Policy for any updates. The date mentioned above indicates the last revision or material change made to this Privacy Policy. By checking this date, you can see if any updates have occurred since your last review. Your continued use of our website after changes are made signifies your acceptance of those changes. 

  1. How we Protect Your Personal Data

Commercial Capital has established multiple avenues of protection to safeguard Personal Data. We use a variety of reasonable physical, technical, and administrative measures to safeguard information against loss. Our employees are only given access to files on an as-needed basis, thus limiting exposure of client information. Technologies and processes to protect Personal Data collected on our website include firewalls, strict role-based file security, security for servers and workstations (with managed patching and managed antivirus), SSL certificates for secure remote access and encryption technology for transmission of Personal Data. Our computer systems utilize password protection to prevent access by unauthorized personnel, and we employ other physical, electronic and procedural safeguards to help protect your non-public Personal Data. 

However, no security technology is completely secure, and you should remember that email is not a secure means of communication. While we strive to protect the information that we maintain, due to the inherent nature of the Internet, we cannot (and do not) guarantee, and make no representation or warranty about, the security of any information that you transmit to us or which is stored by us. 

  1. How Long We Store Your Personal Data

We shall store your Personal Data based on business needs and legal requirements. We retain your Personal Data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. For example, we may retain certain Personal Data to comply with regulatory requirements regarding the retention of such data. When Personal Data is no longer needed, we securely destroy the data. 

13. How to Contact Us 

You may contact us by email at kbanks@ccckc.com or by regular mail at: 

Commercial Capital Company
13910 w 96th Ter Lenexa, KS 66215 

California Consumer Privacy Act  

For California residents only our California Consumer Privacy Act describes the ways Commercial Capital Company, LLC., and its affiliates, subsidiaries and related entities (collectively, “we” or “us” or “Commercial Capital”) collect, store, use, disclose, and protect Personal Data received from our actual and prospective customers and clients.