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Privacy Policy

Sunwise Capital, LLC

Last Updated: May 26, 2026

About This Policy

This Privacy Policy describes how Sunwise Capital, LLC (“Sunwise Capital,” “we,” “us,” or “our”) collects, uses, shares, and protects personal information when you visit SunwiseCapital.com, apply for business funding, contact us, or otherwise interact with our services (collectively, the “Services”). It also explains the privacy rights you may have under U.S. federal law, the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA/CPRA”), and other state privacy laws.

By using our Services, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with our practices, please do not use the Services.

  1. Information We Collect

1.1 Information You Provide to Us

When you apply for funding, request information, or otherwise interact with us, you may provide:

  • Identifiers: full legal name, business name, mailing address, email address, telephone number, date of birth, Social Security Number (SSN), Employer Identification Number (EIN), driver’s license or government-issued ID number, and IP address.
  • Commercial information: information about your business, including industry, time in business, gross annual revenue, monthly deposits, outstanding debts, products or services sold, and ownership structure.
  • Financial information: bank account numbers, routing numbers, business bank statements, merchant processing statements, credit card processing volumes, tax returns, profit-and-loss statements, and other financial documentation.
  • Professional or employment information: your role within the business, ownership percentage, and personal financial information of business principals or guarantors.
  • Communications: the contents of emails, text messages, voicemails, and phone calls between you and Sunwise Capital, which may be recorded for quality, training, and compliance purposes (subject to applicable consent requirements).

1.2 Information Collected Automatically

When you interact with our Services, we and our service providers automatically collect:

  • Device and connection data: IP address, device type, operating system, browser type and version, mobile network information, and approximate location derived from IP address.
  • Usage data: pages visited, links clicked, time spent on pages, referring and exit pages, search terms entered on our site, scroll depth, form interactions, and session duration.
  • Cookies, pixels, and similar technologies: as described in Section 4 below.
  • Lead-certification data: when you submit an application, we and our certification providers may capture a TCPA consent record including a session replay or snapshot of the consent screen, your IP address, and a timestamp, for compliance documentation.

1.3 Information from Third Parties

We may receive information about you from:

  • Consumer reporting agencies and business credit bureaus, such as [Experian, Equifax, TransUnion, Dun & Bradstreet, the Small Business Financial Exchange]. See Section 7 for details about credit reporting.
  • Lead generation partners and aggregators that you submitted information to and that lawfully share that information with us.
  • Identity-verification and fraud-prevention vendors.
  • Bank-data and accounting connectors (such as Plaid or similar), if you choose to link an account to support your application.
  • Publicly available sources, including government records, court filings, and business registries.
  • Advertising and marketing partners, including platforms such as Google, Meta (Facebook/Instagram), LinkedIn, and similar services.

1.4 Sensitive Personal Information

Some of the information we collect is considered “sensitive personal information” under California and other state privacy laws. This includes Social Security Number, driver’s license number, state identification number, financial account numbers, account log-in credentials, and precise geolocation. We collect this information only to provide and administer the Services, to verify identity, to evaluate funding applications, to prevent fraud, and to comply with legal obligations – uses that are permitted without an additional opt-in under the CCPA/CPRA.

  1. How We Use Your Information

We use the information described above for the following business and commercial purposes:

  • To evaluate, underwrite, and process your application for business funding;
  • To match you with funding offers from Sunwise Capital and from our lending partners;
  • To verify your identity and the identity of your business;
  • To service, administer, and collect on any funding extended to you;
  • To communicate with you about your application, your account, our Services, and (with your consent where required) related products and offers;
  • To respond to inquiries, requests, and customer-service needs;
  • To prevent, detect, investigate, and respond to fraud, identity theft, money laundering, security incidents, and other unlawful activity;
  • To operate, evaluate, maintain, and improve the Services;
  • To conduct analytics, research, and modeling, including risk modeling and product analytics;
  • To deliver advertising, including targeted advertising and retargeting, in accordance with applicable law and your choices;
  • To comply with applicable laws, regulations, court orders, and lawful requests from government authorities;
  • To establish, exercise, or defend legal claims; and
  • For any other purpose disclosed to you at the time of collection or with your consent.
  1. How We Share Your Information

We share personal information with the following categories of recipients:

  • Lending partners and capital providers: to evaluate your eligibility for funding and to make offers. This may include banks, alternative lenders, factoring companies, equipment financing companies, and merchant cash advance providers.
  • Service providers and vendors: companies that perform services on our behalf, such as hosting and infrastructure, CRM and marketing automation ([HubSpot), email and SMS delivery (Sinch), telephony, e-signature, document storage, identity verification, fraud prevention, analytics, accounting, payment processing, and professional services (legal, accounting, audit). These vendors are contractually limited to using information only to provide services to us.
  • Consumer reporting agencies and credit bureaus: to obtain and, where applicable, furnish credit information.
  • Advertising and analytics partners: including Google, Meta (Facebook/Instagram), LinkedIn, HubSpot, and similar advertising technology providers. Some of these disclosures may constitute a “sale” or “sharing” of personal information under the CCPA/CPRA and similar state laws. See Section 5 for your rights and choices.
  • Affiliates and subsidiaries: entities under common ownership or control with Sunwise Capital, for the purposes described in this Policy.
  • Legal, regulatory, and government authorities: when required by law, subpoena, court order, or other legal process, or when we believe disclosure is necessary to protect our rights, your safety, or the safety of others, or to investigate fraud or violations of our agreements.
  • Business transfer counterparties: in connection with a merger, acquisition, financing, reorganization, bankruptcy, or sale of all or a portion of our business or assets, subject to confidentiality protections.
  • With your direction or consent: when you ask us to share your information with a third party (e.g., your accountant, broker, or referral source).

We do not sell personal information for monetary consideration in the traditional sense. However, our use of advertising cookies and similar technologies may constitute “selling” or “sharing” of personal information as broadly defined under the CCPA/CPRA. You can opt out as described in Section 5.

We may also disclose aggregated or de-identified information that does not reasonably identify any individual. We commit not to attempt to re-identify such information.

  1. Cookies and Tracking Technologies

We and our service providers use cookies, pixels, tags, software development kits (SDKs), local storage, and similar technologies (collectively, “Cookies”) to operate the Services and to support marketing and analytics. We use the following categories of Cookies:

  • Strictly necessary Cookies: required for the Services to function (e.g., session management, security, form submission).
  • Performance and analytics Cookies: help us understand how visitors use the Services. Providers may include Google Analytics.
  • Functional Cookies: remember choices you make (such as language or region) to provide a more personalized experience.
  • Advertising and targeting Cookies: used to deliver relevant ads on the Services and on other sites. Providers may include Google Ads, Meta Pixel, LinkedIn Insight Tag, TikTok Pixel.

You can control Cookies through your browser settings and, where required, through the consent banner displayed on the Services. You can also use industry opt-out tools such as the Digital Advertising Alliance (https://optout.aboutads.info), the Network Advertising Initiative (https://optout.networkadvertising.org), and your device’s mobile-advertising controls. Some browsers offer a Global Privacy Control (GPC) signal; where required, we treat a GPC signal as a valid request to opt out of the sale or sharing of personal information for the browser sending the signal.

  1. Your Privacy Rights

5.1 California Residents (CCPA/CPRA)

If you are a California resident, you have the following rights, subject to certain limitations:

  • Right to Know: the categories and specific pieces of personal information we have collected about you, the categories of sources, the business or commercial purpose for collecting, and the categories of third parties with whom we share it.
  • Right to Delete: the deletion of personal information we have collected from you, subject to legal exceptions (e.g., information needed to service your loan, comply with legal obligations, or detect fraud).
  • Right to Correct: inaccurate personal information we maintain about you.
  • Right to Opt Out of Sale or Sharing: opt out of the “sale” or “sharing” of your personal information for cross-context behavioral advertising. You can submit a request “Do Not Sell or Share My Personal Information” by contacting us as described in Section 17.
  • Right to Limit Use of Sensitive Personal Information: in some circumstances, the right to limit our use and disclosure of sensitive personal information. We currently use sensitive personal information only as permitted by CCPA Section 1798.121(d), and therefore this right may not apply.
  • Right to Non-Discrimination: we will not discriminate against you for exercising any of these rights.
  • Authorized Agent: you may designate an authorized agent to submit a request on your behalf. We will require verification of the agent’s authority and your identity.

5.2 Other U.S. State Privacy Rights

If you are a resident of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Iowa, Indiana, Tennessee, Florida, Delaware, New Hampshire, New Jersey, Maryland, Minnesota, Nebraska, Rhode Island, Kentucky, or another state with a comprehensive consumer privacy law in effect, you may have similar rights, including the right to access, delete, correct, and obtain a portable copy of personal information, and the right to opt out of targeted advertising, sale, and certain profiling activities. You may also have a right to appeal a denial of your request.

5.3 How to Exercise Your Rights

You can exercise your rights by:

We will verify your request using information we already have or by asking for additional information sufficient to confirm your identity. We will respond within the time period required by applicable law (typically 45 days, extendable by another 45 days where necessary). If we decline a request, we will explain why, and you may have the right to appeal.

  1. Financial Privacy Notice (Gramm-Leach-Bliley Act)

If Sunwise Capital extends credit to consumers, sole proprietors, or single-member LLCs treated as individuals, it may be a “financial institution” under the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and Regulation P (12 C.F.R. Part 1016) and will provide a separate GLBA Privacy Notice describing categories of nonpublic personal information (NPI) collected and disclosed, affiliate-sharing practices, and (where applicable) an opt-out for nonaffiliated third-party sharing. The required GLBA notice form and content differ from this Privacy Policy and incorporated here by reference or linked.

  1. Credit Reporting and Fair Credit Reporting Act (FCRA)

In connection with evaluating your application, we may obtain consumer reports and business credit reports from consumer reporting agencies. By submitting an application, you authorize Sunwise Capital and its lending partners to obtain such reports from time to time, including soft inquiries that may not affect your personal credit score and, where applicable, hard inquiries that may. If you are denied funding based in whole or in part on information in a consumer report, we will provide you with an adverse-action notice as required by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and the Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.), including the name and contact information of the consumer reporting agency.

  1. Marketing Communications

We may send you marketing communications by email, telephone, text message, and direct mail, where permitted by law and (where required) with your prior express written consent. You can opt out at any time by:

  • Clicking “unsubscribe” in any marketing email;
  • Replying STOP to any marketing text message;
  • Calling 888.456.9223; or
  • Emailing [email protected].

We will process opt-out requests within 10 business days as required by the CAN-SPAM Act (15 U.S.C. § 7701 et seq.). Opt-out applies to marketing communications only – we may still contact you regarding your account, application, or other transactional matters. Please see our Sales Funnel Disclaimer / TCPA Consent for additional information about consent to be contacted by automated dialing systems and SMS.

  1. Automated Decision-Making

We may use automated tools and algorithmic models to help evaluate funding applications, detect fraud, and personalize communications. Final funding decisions may be made solely by automated means. If you would like more information about our automated decision-making processes, or if you would like to request human review of a decision (where applicable under your state’s privacy law), please contact us as described in Section 17.

  1. Data Retention

We retain personal information for as long as necessary to fulfill the purposes described in this Policy and to comply with applicable legal, accounting, tax, regulatory, and recordkeeping obligations, including obligations under federal lending laws, anti-money-laundering regulations, and the FCRA. Typical retention periods:

  • Funded customers: the life of the funded relationship plus 7 years after final repayment or charge-off.
  • Declined or withdrawn applications: 25 months from the date of action, consistent with ECOA recordkeeping requirements.
  • Marketing leads: 3 years from last meaningful contact.
  • TCPA consent records: 4–5 years from the date of consent or last contact, consistent with the TCPA statute of limitations.
  • Website analytics and aggregated data: may be retained on a rolling basis.

When personal information is no longer needed, we securely delete, destroy, or de-identify it.

  1. Data Security

We maintain administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, and destruction, consistent with the Safeguards Rule under the Gramm-Leach-Bliley Act (16 C.F.R. Part 314) where applicable. These safeguards include access controls, encryption in transit, employee training, vendor due diligence, and incident response procedures. No method of transmission over the internet or storage system, however, is completely secure, and we cannot guarantee absolute security. In the event of a data breach affecting your personal information, we will notify you and applicable regulators as required by law.

  1. Children’s Privacy

The Services are intended for adults aged 18 and older operating or owning a business. We do not knowingly collect personal information from children under the age of 16. If we learn that we have collected personal information from a child under 16, we will delete it. If you believe we may have collected information from a child, please contact us at [email protected].

  1. International Users

The Services are operated from the United States and are intended for users located in the United States. If you access the Services from outside the United States, your information will be transferred to, stored, and processed in the United States, which may have data-protection laws that differ from those in your jurisdiction. We do not knowingly market to or serve residents of the European Economic Area, the United Kingdom, or Switzerland through the Services.

  1. Third-Party Links

The Services may contain links to third-party websites, products, or services. We are not responsible for the privacy practices or content of those third parties. We encourage you to review the privacy policies of any third-party site you visit.

  1. Changes to This Policy

We may update this Policy from time to time to reflect changes to our practices, technologies, legal requirements, or other factors. The “Last Updated” date at the top of this Policy indicates the most recent version. If we make material changes, we will provide additional notice (for example, by email or by posting a prominent notice on the Services) before the changes take effect.

  1. State-Specific Notices

16.1 California “Shine the Light”

California residents may request, once per calendar year, a list of categories of personal information that we have disclosed to third parties for those third parties’ direct marketing purposes in the preceding calendar year. To make a request, email [email protected] with “Shine the Light Request” in the subject line.

16.2 Nevada Residents

Nevada residents may opt out of the sale of certain covered information for monetary consideration to a third party that licenses or sells that information to other parties. We do not currently engage in such sales, but Nevada residents may submit a verified request to opt out at [email protected].

  1. Contact Us

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

Sunwise Capital, LLC

Attn: Privacy

20423 State Road 7 F6-350

Boca Raton, FL 33498

Email: [email protected] 

Phone: 888.456.9223

For California, Colorado, and other state residents with a right to appeal a denied privacy request, please indicate “Appeal” in the subject line of your email or first sentence of your communication.

– End of Privacy Policy –