NEWTEKONE, INC.’S PRIVACY POLICY

[Revised January 26, 2023]

Welcome to www.newtekone.com, the website for NewtekOne, Inc. (“NewtekOne”) and its affiliates (including NewtekOne, each a “Newtek Entity” and collectively, the “Newtek Entities”), including without limitation Newtek Small Business Finance, LLC, Newtek Merchant Solutions, LLC, Newtek Insurance Agency, LLC, Newtek Technology Solutions, LLC, PMTWorks Payroll, LLC d/b/a Newtek Payroll & Benefits Solutions, Mobil Money, LLC, POS on Cloud, LLC d/b/a Newtek Payment Services, and Newtek Business Services Holdco 6, LLC. This Privacy Policy applies to each of the Newtek Entities other than Newtek Bank, National Association and its wholly-owned subsidiaries, Newtek Business Lending, LLC and Small Business Lending, LLC (collectively, “Newtek Bank”, and the Newtek Entities excluding Newtek Bank, “Newtek” or “we”). For a copy of Newtek Bank’s Privacy Policy click here.

Thank you for choosing to be part of our community. We are committed to protecting your personal information and your right to privacy. We take your privacy very seriously. In this Privacy Policy, we seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. This Privacy Policy may change from time to time so we encourage you to review it every so often so that you are aware of any changes that may occur. We hope you take some time to read through it carefully, as it is important.

By visiting https://www.newtekone.com (the “Site”), you are accepting the privacy practices described in this Privacy Policy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of the Site and our services.

Please read this Privacy Policy carefully as it will help you make informed decisions about sharing your personal information with Us.

Table of Contents

WHO WE ARE
HOW DOES THIS PRIVACY POLICY APPLY?
WHAT INFORMATION DO WE COLLECT AND HOW?
WILL YOUR INFORMATION BE SHARED WITH ANYONE?
DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
HOW LONG DO WE KEEP YOUR INFORMATION?
HOW DO WE KEEP YOUR INFORMATION SAFE?
DO WE COLLECT INFORMATION FROM MINORS?
WHAT ARE YOUR PRIVACY RIGHTS?
DO CALIFORNIA OR VERMONT RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
DO WE MAKE UPDATES TO THIS POLICY?
HOW CAN YOU CONTACT US ABOUT THIS POLICY?

1. WHO WE ARE

NewtekOne is a financial holding company that provides a wide range of business and financial solutions through the Newtek Entities.

2. HOW DOES THIS PRIVACY POLICY APPLY?

This Privacy Policy applies to any information collected through the Site and also applies to any information shared by you or on your behalf with Newtek through the registration process, the procurement or attempted procurement of any product or service from Newtek, any software, technology platform or mobile application that links to or references this Privacy Policy or through any other form of communication, including telephone, email and the Internet with Newtek.

3. WHAT INFORMATION DO WE COLLECT AND HOW?

Newtek may collect personal information and non-personal information about you. Personal information is information that identifies you as an individual. Non-personal information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.

Each visit to any Newtek page clicked after entering the Site enables Newtek to collect:

your Internet service provider’s address;
a record of your activity on the Site;
the web page that was used to reach the Site; and
server log files.

Newtek may use IP addresses to analyze trends, administer the Site, track user’s movement, and gather broad demographic information for aggregate use and use cookies to customize the user experience and track visitor usage to and at the Site.

In connection with Newtek providing you with products or services, Newtek may obtain:

your name, social security number, company, address, email address, phone number, fax number, credit/debit card information, domain name;
employment information, income, credit references and other information needed in extending credit to you or otherwise transacting business with you;
your transactions with Newtek, sources who may have referred you to Newtek, or others. This information may include your account balances, payment history and account usage;
information from credit reporting agencies, which may include account information and information about your creditworthiness; and
information from other third parties, including public sources, such as real-estate records, street and email addresses and telephone numbers.

If registration is required to use resources contained within the Site, the required information will be gathered from you prior to allowing access to those resources.

When we transfer and receive certain types of sensitive information such as financial information, visitors to the Site will be redirected to a secure server and notified through a security icon that appears in the visitor’s browser.

4. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

Newtek collects, uses, discloses, transfers, and stores personal information when needed for any of the Newtek Entities to provide services for operational and business purposes as described in this Privacy Policy. Newtek does not use personally identifiable information beyond what is necessary for fulfilling a customer transaction with any of the Newtek Entities or for the basic functionality of an online service.

Newtek may share your information (1) with any Newtek Entity; (2) with third-party organizations that referred you to Newtek (“Referral Sources”); (3) with service providers; (4) with joint marketing partners; and (5) with others to assist you and any Referral Sources in serving your needs in relation to the products and services provided by any of the Newtek Entities, but only in circumstances where such sharing conforms to law, any applicable confidentiality agreements, or for legal and routine business reasons.

Additionally, Newtek may provide your information as required by law or in the good faith belief that such action is necessary to:

comply with any federal and state laws, industry standards or with legal process served on Newtek;
provide to credit reporting agencies;
protect and defend the rights or property of any of the Newtek Entities;
protect against fraud, money laundering and other risks; or
act in urgent circumstances to protect the personal safety of users of any Newtek Entity products or services, the Site or the public.

If you are a consumer and not a business client, Newtek will not share your non-public information with any third party other than with other Newtek Entities, Referral sources or service providers, third-party marketeers or as required by law without your consent.

Newtek does not share personal consumer credit related information that is not public information with any person or entity other than the Newtek Entities, but it may share demographic information so that the referral sources, joint marketeers and service providers may analyze the impact they are having on the business community.

Links and Linked Internet Websites
Our referral sources and the other third parties to whom we may provide your information have their own privacy policies. Additionally, the Site may provide links to other sites. These external sites may also have their own privacy provisions and security practices in place. Newtek has no control over and is not responsible for the collection, use or disclosure of information collected by referral sources and other third parties. Newtek expressly disclaims any and all liability related to any collection, disclosure or use of such information from referral sources and other third parties. You are encouraged to read the privacy policies of all internet sites you visit.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies to access, track or store information. Most Web browsers are set to accept cookies by default. If you prefer, you can block or delete cookies by changing your browser settings.

6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

Our servers are located in the United States. We do not target users outside of the United States. If you are accessing the Site from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see “Will Your Information Be Shared With Anyone?” above), in the United States.

If you are a resident in the European Economic Area, the United States may not have data protection or other laws as comprehensive as those in your country. We will, however, take all reasonable measures to protect your personal information in accordance with this Privacy Policy and applicable law.

In addition, if you are a European Economic Area customer and prefer not to be tracked, or if you would like to request additional information on this Privacy Policy, please contact us.

7. HOW LONG DO WE KEEP YOUR INFORMATION?

Your information is retained in accordance with Newtek’s document retention policies, which are reasonably designed to conform to applicable industry practices and applicable law.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. HOW DO WE KEEP YOUR INFORMATION SAFE?

Newtek maintains physical, electronic, and procedural security safeguards that are reasonable and appropriate. Your personally-identifiable data is stored in our password-controlled servers with limited access, accessible only by authorized Newtek personnel.

However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from the Site is at your own risk. You should only access the services within a secure environment. In the event of a data breach, you will be notified by phone, email or mail at the contact information you provided.

9. DO WE COLLECT INFORMATION FROM MINORS?

Newtek does not knowingly solicit data from or market to children under 18 years of age. By using the Site, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us.

10. WHAT ARE YOUR PRIVACY RIGHTS?

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of the Site.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account.

11. DO CALIFORNIA OR VERMONT RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

If you are a resident of California, and are a consumer, you have specific rights under the California Consumer Privacy Act of 2018 (CCPA). To know your rights under the CCPA, please click here.

If you are a resident of Vermont, and are a consumer, we will obtain your consent prior to disclosing your nonpublic personal information to nonaffiliated third parties.

If other states in the future adopt privacy restrictions more restrictive than those under Federal law, we will comply with those applicable provisions.

12. DO WE MAKE UPDATES TO THIS POLICY?

We may update this Privacy Policy from time to time. The updated version will be indicated by a “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.

13. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you would like to verify, edit and/or update the information Newtek has on file for you, or should you have questions or concerns about this Privacy Policy, please contact us at our toll-free number, 1-855-763-9835 (1-855-7-Newtek), or via email at [email protected].

Should you perceive that Newtek is failing to follow the above guidelines, please contact us at the toll-free number or email address provided above.