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Privacy Policy

Your privacy and data security are important to us.

Last Updated: April 9, 2025

Effective Date: April 9, 2025

This Privacy Policy describes how Top Market Funding ("we," "us," "our," or "Company") collects, uses, shares, and protects your personal and business information when you visit our website, use our services, or interact with us.

1. Introduction

Top Market Funding ("we," "us," or "our") is committed to protecting your privacy and ensuring the security of your personal and business information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website at topmarketfunding.com, use our business funding services, or interact with us in any way.

By using our website or services, you consent to the data practices described in this Privacy Policy. Please read this Privacy Policy carefully to understand our practices regarding your information and how we will treat it.

Important: This Privacy Policy applies to all users of our website and services, including applicants, borrowers, and visitors. If you do not agree with our policies and practices, please do not use our website or services.

2. Information We Collect

2.1 Personal Information

We collect personal information that you provide directly to us, including:

  • Contact Information: Name, mailing address, email address, phone number, and fax number
  • Identification Information: Social Security Number (SSN), date of birth, government-issued identification numbers, passport information, and driver's license number
  • Employment Information: Employment status, employer name and address, job title, years of employment, and income information
  • Personal Financial Information: Bank account numbers, credit card numbers, investment account information, assets, liabilities, and credit history
  • Other Personal Data: Citizenship status, marital status, number of dependents, and other information relevant to credit evaluation

2.2 Business Information

We collect comprehensive business information including:

  • Business Identification: Business name, legal business name, "Doing Business As" (DBA) name, Employer Identification Number (EIN), business registration number, and state of incorporation or formation
  • Business Contact Information: Business address, business phone number, business email address, and business website
  • Business Structure and Ownership: Legal entity type (corporation, LLC, partnership, sole proprietorship), ownership percentage, names and information of all owners/principals, and business formation documents
  • Business Financial Information: Bank statements, profit and loss statements, balance sheets, tax returns (business and personal), accounts receivable, accounts payable, outstanding debts, revenue, expenses, and cash flow information
  • Business Operations: Industry type, number of employees, years in business, business licenses and permits, and business credit history
  • Financial Documents: Bank account statements, merchant processing statements, invoices, contracts, lease agreements, and equipment purchase orders

2.3 Information Collected Automatically

When you visit our website, we automatically collect certain information about your device and how you interact with our website, including:

  • Technical Information: IP address, browser type and version, operating system, device type, screen resolution, and language preferences
  • Usage Information: Pages viewed, time spent on pages, clickstream data, search queries, referring website addresses, and date and time of visits
  • Location Information: General geographic location based on IP address (not precise GPS location)
  • Cookies and Tracking Technologies: See Section 8 for detailed information about our use of cookies

2.4 Information from Third Parties

We collect information about you and your business from third-party sources, including:

  • Credit Bureaus: Consumer credit reports from Experian, Equifax, and TransUnion; business credit reports from Dun & Bradstreet, Experian Business, and Equifax Business
  • Financial Institutions: Bank account verification and transaction history (with your authorization)
  • Government Databases: Public records, business registration databases, Secretary of State records, and regulatory filings
  • Data Providers: Identity verification services, fraud detection services, and business information aggregators
  • Social Media: Information from your social media profiles (if you choose to connect them)
  • Partners and Affiliates: Referral partners, brokers, and other business partners who may provide us with your information

2.5 Information from Applications and Communications

We collect information when you:

  • Submit funding applications or inquiries
  • Contact us via phone, email, live chat, or contact forms
  • Subscribe to our newsletters or marketing communications
  • Participate in surveys, contests, or promotions
  • Provide feedback or reviews
  • Interact with us on social media platforms

3. How We Use Your Information

We use the information we collect for the following purposes:

3.1 Service Provision

  • Process and evaluate funding applications
  • Underwrite and make credit decisions
  • Administer and service funding agreements
  • Process payments and manage account activity
  • Communicate with you about your application and account
  • Respond to your inquiries and provide customer support
  • Verify your identity and authenticate your account

3.2 Legal and Regulatory Compliance

  • Comply with applicable laws, regulations, and legal obligations
  • Comply with anti-money laundering (AML) and Know Your Customer (KYC) requirements
  • Respond to legal process, subpoenas, court orders, and government requests
  • Enforce our Terms and Conditions and other agreements
  • Protect our rights, property, and safety, as well as that of our customers and others

3.3 Fraud Prevention and Security

  • Detect, prevent, and investigate fraud, identity theft, and other illegal activities
  • Verify the accuracy of information provided
  • Monitor for suspicious activity and unauthorized access
  • Maintain security of our systems and data
  • Report fraud to law enforcement and regulatory authorities
  • Share information with fraud prevention databases and services

See Section 10 for detailed information about our fraud prevention measures.

3.4 Business Operations

  • Improve our website, services, and customer experience
  • Conduct research and analytics
  • Develop new products and services
  • Manage risk and portfolio management
  • Maintain business records
  • Train staff and improve service quality

3.5 Marketing and Communications

  • Send you marketing communications (with your consent, where required)
  • Provide information about our products, services, and promotions
  • Personalize your experience on our website
  • Measure the effectiveness of our marketing campaigns

You may opt-out of marketing communications at any time (see Section 9 for opt-out instructions).

4. How We Share Your Information

We may share your information with the following categories of recipients:

4.1 Service Providers and Business Partners

We share information with third-party service providers who perform services on our behalf, including:

  • Credit Bureaus and Reporting Agencies: To obtain credit reports and report account activity
  • Payment Processors: To process payments and manage ACH transactions
  • Identity Verification Services: To verify identity and prevent fraud
  • Fraud Detection Services: To detect and prevent fraudulent activity
  • Data Analytics Providers: To analyze data and improve our services
  • Technology Service Providers: To host our website, manage customer data, and provide IT services
  • Marketing Service Providers: To send marketing communications and manage campaigns
  • Collection Agencies and Law Firms: In the event of default or collection activities
  • Legal and Professional Advisors: Attorneys, accountants, and consultants

These service providers are contractually obligated to protect your information and use it only for the purposes we specify.

4.2 Financial Institutions and Partners

We may share information with:

  • Banks and financial institutions involved in funding or servicing
  • Investors or funding sources
  • Loan servicers and collection agencies
  • Other lenders (to prevent fraud and duplicate applications)

4.3 Legal and Regulatory Disclosures

We may disclose your information:

  • In response to subpoenas, court orders, or other legal process
  • To comply with applicable laws, regulations, or government requests
  • To law enforcement agencies in connection with criminal investigations
  • To regulatory authorities such as the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state banking regulators
  • In connection with legal proceedings or potential legal claims

4.4 Business Transfers

In the event of a merger, acquisition, sale of assets, or bankruptcy, your information may be transferred to the acquiring entity or successor organization.

4.5 With Your Consent

We may share your information with third parties when you explicitly consent to such sharing.

4.6 Aggregated and De-Identified Information

We may share aggregated, anonymized, or de-identified information that cannot reasonably be used to identify you for research, analytics, or other business purposes.

5. Information Security

We implement comprehensive security measures to protect your information from unauthorized access, use, disclosure, alteration, or destruction. Our security measures include:

5.1 Technical Safeguards

  • Encryption: Industry-standard SSL/TLS encryption for data transmission and encryption at rest for stored data
  • Access Controls: Multi-factor authentication, role-based access controls, and regular access reviews
  • Network Security: Firewalls, intrusion detection systems, and secure network architecture
  • System Security: Regular security updates, vulnerability assessments, and penetration testing
  • Data Backup: Regular backups and disaster recovery procedures
  • Monitoring: 24/7 security monitoring and incident response procedures

5.2 Administrative Safeguards

  • Employee training on data security and privacy
  • Background checks for employees with access to sensitive information
  • Confidentiality agreements and security policies
  • Regular security audits and assessments
  • Incident response and breach notification procedures

5.3 Physical Safeguards

  • Secure facilities with restricted access
  • Secure disposal of physical documents and media
  • Protection of servers and data centers

Important: While we strive to protect your information, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security, but we are committed to maintaining industry-standard security practices.

6. Data Retention

We retain your information for as long as necessary to:

  • Provide our services and fulfill our contractual obligations
  • Comply with legal and regulatory requirements
  • Resolve disputes and enforce our agreements
  • Prevent fraud and ensure security
  • Maintain business records as required by law

Retention periods vary based on:

  • Type of information (some information must be retained for 7 years or more under banking regulations)
  • Whether you have an active account or application
  • Legal and regulatory requirements
  • Our business needs

When we no longer need your information, we securely delete or anonymize it in accordance with our data retention policies and applicable law.

7. Your Rights and Choices

You have certain rights regarding your personal information, subject to applicable law:

7.1 Access and Portability

You have the right to request access to the personal information we hold about you and to receive a copy of that information in a portable format.

7.2 Correction

You have the right to request correction of inaccurate or incomplete information. Please note that we may need to verify your identity and may need to verify the accuracy of corrected information with third parties.

7.3 Deletion

You may request deletion of your personal information, subject to certain exceptions including:

  • Legal and regulatory retention requirements
  • Ongoing contractual obligations
  • Pending legal proceedings
  • Fraud prevention and security purposes

7.4 Opt-Out of Marketing

You may opt-out of receiving marketing communications from us by:

  • Clicking the "unsubscribe" link in any marketing email
  • Contacting us at the information provided in Section 15
  • Updating your communication preferences in your account (if applicable)

Please note that even if you opt-out of marketing, we may still send you important account-related and transactional communications.

7.5 Opt-Out of Sale (if applicable)

We do not sell your personal information to third parties for their marketing purposes. If this practice changes, we will update this Privacy Policy and provide opt-out mechanisms.

7.6 Cookies and Tracking

See Section 8 for information about managing cookies and tracking technologies.

7.7 Exercising Your Rights

To exercise any of these rights, please contact us using the information provided in Section 15. We will respond to your request within the timeframes required by applicable law. We may need to verify your identity before processing your request.

8. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to collect and store information about your interactions with our website.

8.1 Types of Cookies We Use

  • Essential Cookies: Required for the website to function properly (cannot be disabled)
  • Analytics Cookies: Help us understand how visitors use our website
  • Functional Cookies: Remember your preferences and settings
  • Marketing Cookies: Track your browsing to deliver relevant advertising (with your consent)

8.2 Managing Cookies

You can control cookies through your browser settings. Most browsers allow you to:

  • View and delete cookies
  • Block all cookies
  • Block third-party cookies
  • Block cookies from specific websites
  • Set notifications when cookies are sent

Note: Blocking or deleting cookies may affect website functionality and your user experience.

8.3 Third-Party Tracking

We may use third-party analytics and advertising services that use cookies and tracking technologies. These third parties may collect information about your online activities across different websites and services. We do not control these third-party tracking technologies.

9. Children's Privacy

Our website and services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children under 18. If you believe we have collected information from a child under 18, please contact us immediately, and we will take steps to delete such information.

If you are under 18, please do not use our website or services or provide any personal information to us.

10. Fraud Prevention and Security

IMPORTANT: ANTI-FRAUD MEASURES

10.1 Our Fraud Prevention Practices

We employ comprehensive fraud prevention and detection measures to protect our customers and our business, including:

  • Identity Verification: Multi-factor authentication, knowledge-based authentication, document verification, and biometric verification when available
  • Credit and Background Checks: Verification of credit history, business credit, and criminal background checks where permitted by law
  • Document Verification: Authentication of bank statements, tax returns, invoices, contracts, and other financial documents
  • Business Entity Verification: Confirmation of business registration, EIN verification, and Secretary of State record checks
  • Fraud Detection Services: Third-party fraud detection and prevention services, fraud scoring, and risk assessment tools
  • Transaction Monitoring: Real-time monitoring of applications, accounts, and transactions for suspicious patterns
  • Database Cross-Referencing: Checking against fraud databases, industry blacklists, and watchlists
  • Behavioral Analysis: Analysis of application patterns, device fingerprints, and user behavior
  • Machine Learning: Advanced analytics and machine learning models to identify fraud patterns

10.2 Information Sharing for Fraud Prevention

To prevent and combat fraud, we share information with:

  • Fraud Prevention Networks: Industry fraud prevention databases and networks
  • Credit Bureaus: To verify identity and check for fraud indicators
  • Other Lenders: To prevent duplicate applications and identify fraud patterns across the industry
  • Law Enforcement: When required by law or when fraud is suspected
  • Regulatory Authorities: As required by banking and financial regulations
  • Fraud Prevention Service Providers: Third-party services that help detect and prevent fraud

This sharing helps protect you, other consumers, and our business from fraudulent activity.

10.3 Your Role in Fraud Prevention

You can help prevent fraud by:

  • Protecting your personal and business information
  • Using strong, unique passwords and enabling multi-factor authentication when available
  • Monitoring your accounts and credit reports regularly
  • Reporting suspicious activity immediately
  • Verifying the identity of anyone requesting your information
  • Keeping your contact information up to date

10.4 Reporting Suspected Fraud

If you suspect fraudulent activity related to your account or identity, please contact us immediately:

You should also:

  • Contact your bank and credit card companies
  • Place a fraud alert on your credit reports
  • File a report with the Federal Trade Commission at reportfraud.ftc.gov
  • File a police report with your local law enforcement
  • Monitor your accounts and credit reports regularly

10.5 Consequences of Fraud

If we detect or suspect fraudulent activity:

  • We will immediately deny or terminate any application or account
  • We will report the fraud to law enforcement and regulatory authorities
  • We will share information with fraud prevention databases
  • We may pursue civil and criminal remedies
  • We will permanently ban the individual or entity from our services

10.6 Authorized Users and Delegates

If you authorize another person to act on your behalf or access your account:

  • You are responsible for their actions
  • We may require verification of their authority
  • You should notify us immediately if you revoke authorization
  • We may share information with authorized users as necessary

11. California Privacy Rights

If you are a California resident, you have additional privacy rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

11.1 Right to Know

You have the right to request information about:

  • The categories of personal information we collect
  • The categories of sources from which we collect personal information
  • The business or commercial purposes for collecting or selling personal information
  • The categories of third parties with whom we share personal information
  • The specific pieces of personal information we hold about you

11.2 Right to Delete

You have the right to request deletion of your personal information, subject to certain exceptions.

11.3 Right to Opt-Out

You have the right to opt-out of the "sale" or "sharing" of your personal information. We do not sell your personal information to third parties. We may share information with service providers as described in this Privacy Policy.

11.4 Right to Correct

You have the right to request correction of inaccurate personal information.

11.5 Right to Non-Discrimination

We will not discriminate against you for exercising your California privacy rights.

11.6 Exercising California Rights

To exercise your California privacy rights, please contact us using the information provided in Section 15. We may need to verify your identity before processing your request.

12. Other State Privacy Rights

Residents of certain other states (such as Virginia, Colorado, Connecticut, and others) may have additional privacy rights under state law. We will honor applicable state privacy rights and provide mechanisms for exercising those rights.

To exercise your state privacy rights, please contact us using the information provided in Section 15.

13. Do Not Track Signals

Some browsers have a "Do Not Track" (DNT) feature that signals websites you visit that you do not want to have your online activity tracked. Currently, there is no standard for how DNT signals should be interpreted. Our website does not currently respond to DNT signals. We continue to monitor developments regarding DNT technology.

14. International Data Transfers

Our services are intended for use in the United States. If you access our website or services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated.

The data protection laws of the United States may differ from those in your country. By using our services, you consent to the transfer of your information to the United States.

15. Updates to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or for other reasons. We will notify you of material changes by:

  • Posting the updated Privacy Policy on this page with a new "Last Updated" date
  • Sending notice via email to the email address associated with your account (if applicable)
  • Providing notice on our website homepage

We encourage you to review this Privacy Policy periodically to stay informed about how we protect your information. Your continued use of our website or services after any changes constitutes your acceptance of the revised Privacy Policy.

Material Changes: If we make material changes that affect how we collect, use, or share your information, we will provide additional notice as required by applicable law.

16. Contact Information

If you have questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us:

Top Market Funding
Privacy Officer
375 W Main St #519, Huntington, NY 11743
Phone: +15167272849
Email: deals@topmarketfunding.com

For Privacy Inquiries: Please include "Privacy Inquiry" in the subject line of your email or mention it when calling.

Response Time: We will respond to your privacy inquiries within the timeframes required by applicable law, typically within 30-45 days.

17. Your Consent

By using our website or services, you consent to:

  • The collection, use, and sharing of your information as described in this Privacy Policy
  • Our fraud prevention and security practices
  • The transfer of your information to the United States and other jurisdictions as described
  • Receiving communications from us regarding your account and our services

If you do not agree with any aspect of this Privacy Policy, please do not use our website or services.

18. Additional Information

Fair Credit Reporting Act (FCRA): We may obtain consumer and business credit reports in connection with your application. You have rights under the FCRA, including the right to dispute inaccurate information in your credit report.

Gramm-Leach-Bliley Act (GLBA): As a financial services provider, we are subject to GLBA privacy requirements. This Privacy Policy provides our GLBA privacy notice.

Bank Secrecy Act (BSA) and Anti-Money Laundering (AML): We are required to collect and verify certain information under BSA and AML regulations to prevent money laundering and terrorist financing.