Privacy & Security
Privacy Notice for California Residents1
Last Revision Date:
Where noted in this Privacy Notice, the CCPA temporarily exempts Personal Information reflecting a written or verbal business-to-business communication ("B2B Personal information") from some of its requirements.
Information We Collect
The Site has collected the following categories of Personal Information from its consumers within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some Personal Information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.||
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
|D. Commercial information.||
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
|E. Biometric information.||
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
|F. Internet or other similar network activity.||
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
|G. Geolocation data.||
Physical location or movements.
|H. Sensory data.||
Audio, electronic, visual, thermal, olfactory, or similar information.
|I. Professional or employment-related information.||
Current or past job history or performance evaluations.
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
|K. Inferences drawn from other Personal Information.||
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal Information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Collection, Use, Disclosure, and Sharing of Personal Information
We may collect, use, disclose, and/or share the Personal Information we collect for one or more of the business purposes disclosed in our general U.S. Consumer Privacy Notice.
LendUp will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
LendUp may disclose your Personal Information to a third party for a business purpose (see Personal Information Sales Opt-Out and Opt-In Rights). When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your Personal Information with the following categories of third parties:
- Service providers,
- Data aggregators,
- Parent or subsidiary,
- Internet cookie data recipients
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights. Although the CCPA covers the rights of California Residents, LendUp has extended the CCPA protections to all of our customers regardless of whether they are California residents.
Access to Specific Information and Data Portability Rights (Right to Access)
You have the right to request that LendUp disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you (also called a data portability request).
If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
LendUp does not provide these access and data portability rights for business-to-business (B2B) Personal Information. B2B Personal Information is personal information reflecting a written or verbal communication or a transaction between LendUp and the consumer, where the consumer is a natural person who is acting as an employee, owner, director, officer, or contractor of LendUp and whose communications or transaction with LendUp occur solely within the context of LendUp conducting due diligence regarding, or providing or receiving a product or service to or from LendUp.
Deletion Request Rights (Right to Request Deletion)
You have the right to request that LendUp delete any of your Personal Information that we collected from you and retained, subject to certain exceptions, including to comply with a legal obligation. See below for a full list of reasons why LendUp may need to deny your deletion request. LendUp will comply with requests to delete Personal Information by either: permanently and completely erasing the Personal Information on its existing systems with the exception of archived or back-up systems; de-identifying the Personal Information; or aggregating the Personal Information. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. For example, LendUp cannot delete your Personal Information if retaining the information is necessary for LendUp to comply with a legal obligation.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We do not provide these deletion rights for business-to-business (B2B) Personal Information.
Exercising Access Rights (including Data Portability), Deletion Rights
To exercise the access rights (including data portability) and deletion rights described above, please submit a verifiable consumer request to us by either:
Submitting a request from LendUp’s online Help Portal
- Visit the LendUp website at www.lendup.com and login to your account
- From the menu on the top right, click Contact to be routed to the Contact Us page. From there, click on the link for Users with LendUp Accounts.
- Click on Submit a Request and choose Consumer Rights Request
- Emailing us at ConsumerPrivacy@lendup.com
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.
By submitting a request after you’ve logged in, the verifiable consumer request will:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
- For Right to Access Specific Data, there is an additional verification number that will be provided to you in your automated email response. We will ask that you confirm this number to protect your Personal Information.
- Allow us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, if you already have a LendUp account but are not signed in, you will need to enter your email address and password on file with LendUp in order for us to verify your identity.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 additional days to respond), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response electronically.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights (Right to Opt Out)
LendUp does not sell your Personal information. The CCPA does provide California consumers with a right for consumers to direct a business that sells Personal information about the consumer to third parties not to sell the consumer’s Personal information. This CCPA protection is not applicable to LendUp because LendUp does not sell your information.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects.
Other California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to ConsumerPrivacy@lendup.com.
Changes to Our Privacy Notice
LendUp reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
1LendUp has extended the protections for California residents under the California Consumer Privacy Act to all of our customers regardless of whether they are California residents.