This Privacy Policy describes how Clearwater Capital Group (“Clearwater,” “we,” “our”) collects, uses, shares, and protects information about applicants and recipients of our commercial financing services. By using our website or submitting an application, you agree to this policy.
1. Information we collect
1.1 Information you provide
When you apply for financing or otherwise interact with us, you may provide:
- Business information: legal business name, DBA, EIN, entity type, industry, address, phone, email, business start date, revenue information, bank account information, and use-of-funds.
- Personal information about owners and principals: name, date of birth, Social Security Number (last four digits unless a hard pull is authorized), residential address, phone, email, driver's license number and state, ownership percentage, and self-reported credit score.
- Financial documents: bank statements, tax returns, profit and loss statements, voided checks, identification documents, and other records you submit in support of an application.
- Communications: content of phone calls, text messages, and email correspondence with our team.
1.2 Information we collect automatically
When you visit our website, we automatically collect:
- IP address, device and browser information, referring URL, and navigation patterns.
- Cookies and similar technologies used to deliver our service, remember your progress through our application, and measure site performance.
1.3 Information from third parties
With your authorization, we obtain information from:
- Consumer reporting agencies (e.g., Experian, Equifax, TransUnion) for soft inquiries to verify eligibility; hard inquiries only with your written consent at time of funding.
- Business credit bureaus (e.g., Dun & Bradstreet, Experian Business).
- Bank verification providers (e.g., Plaid, MX, Finicity) when you authorize us to verify your bank account.
- Public records and UCC filings to verify business formation, ownership, and existing liens.
- Sanctions and identity verification services (OFAC screening) for regulatory compliance.
2. How we use your information
We use your information to:
- Evaluate your application and underwrite financing offers;
- Submit your application to our network of funding partners with your consent;
- Service any financing agreement you enter into, including collections and reconciliation;
- Communicate with you about your application, account, renewal opportunities, and service updates;
- Comply with applicable laws, including state commercial financing disclosure laws, Bank Secrecy Act / anti-money laundering requirements, and OFAC sanctions screening;
- Detect and prevent fraud;
- Improve our services and website.
3. Information we share
We share your information with:
- Funding partners: licensed commercial lenders and funders in our network, but only with your consent to submit your application. We do not auction or broadcast your application to unrelated third parties.
- Service providers: bank verification, identity verification, document storage, email and communications, analytics, and other vendors who help us operate. These providers are contractually obligated to handle your information confidentially.
- Consumer and business credit bureaus as described above.
- Legal and regulatory authorities when required by subpoena, court order, or applicable law, including reporting obligations under the Bank Secrecy Act.
- Successors in interest if we are acquired, merged, or sell substantially all of our assets; your information would be transferred subject to this policy.
We do not sell your personal information as that term is defined in the California Consumer Privacy Act or equivalent state laws.
4. Data retention
We retain application data and related records for the period required by applicable law and our regulatory obligations, typically no less than seven (7) years from the date of your last transaction with us. You may request deletion of information not subject to a legal retention requirement; see Section 7.
5. Security
We maintain administrative, physical, and technical safeguards designed to protect your information. All data transmitted to and from our website is encrypted in transit using TLS 1.3. Bank statement files and other documents are encrypted at rest. Access to customer information is restricted to employees and contractors who need it to perform their duties.
No method of transmission or storage is perfectly secure. If we become aware of a breach that compromises your information, we will notify you consistent with applicable state breach notification laws.
6. Cookies
We use cookies and similar technologies to deliver and improve our services. You can control cookies through your browser settings. Disabling cookies may affect your ability to complete an application.
7. Your rights
7.1 California residents
Under the California Consumer Privacy Act (CCPA) as amended by the CPRA, California residents have the right to:
- Know what personal information we collect, use, disclose, and (if applicable) sell or share;
- Access a copy of the personal information we have collected about you in the past 12 months;
- Request deletion of your personal information, subject to our legal retention obligations;
- Correct inaccurate personal information;
- Limit our use of sensitive personal information;
- Opt out of any sale or sharing of your personal information (note: we do not sell personal information);
- Not be discriminated against for exercising your rights.
7.2 Residents of other states with comprehensive privacy laws
Residents of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, and other states with comprehensive privacy laws have similar rights under those laws.
7.3 How to exercise your rights
Email efras@clearwatercapitalgrp.com with your request. We will verify your identity before acting on the request and respond within 45 days (extendable once by 45 additional days if reasonably necessary).
8. Communications and SMS
By providing your phone number, you consent to receive calls and text messages from us about your application. Standard message and data rates may apply. You may opt out of SMS at any time by replying STOP; call/email opt-out by contacting us directly. Transactional messages (e.g., application status) may continue regardless of marketing opt-out status.
9. Do Not Track signals
Our website does not currently respond to Do Not Track browser signals. We provide the opt-out mechanisms described above instead.
10. Children's privacy
Our services are intended for US-based business owners aged 18 and over. We do not knowingly collect information from children under 13.
11. International transfers
We primarily operate in the United States. If you access our services from outside the US, your information will be transferred to, stored, and processed in the US.
12. Changes to this policy
We may update this Privacy Policy periodically. The “Last updated” date at the top of this page will indicate the most recent revision. Material changes will be communicated by email to active applicants and recipients.
13. Contact us
Clearwater Capital Group
Attn: Privacy Officer
efras@clearwatercapitalgrp.com