ProFund Privacy Policy

OVERVIEW

ProFund™* respects your privacy and is committed to maintaining your trust. This privacy policy (“Privacy Policy”) applies to visitors of our sites and users of the Software Service.
 

ProFund™ is a browser-based, sales closing platform that includes integrated access to a multi-lender financial platform managed by a third party (“Software Service”).  The Software Service is designed to facilitate better experiences for professional contractors and homeowners. This Privacy Policy describes what personal information we collect, how we use this information, how this information maybe shared, and what choices and rights you have with respect to this information. Access and use of our Platform is subject to this Privacy Policy.


The Software Service includes the ProFund™ website (https:\\profund.net)and other related web sites, apps, products, and services on which this Privacy Policy is posted and that are ProFund™-branded, including our plug-ins, embedded content made available on other sites, and browser extensions (the “Platform”).


The terms “we,” “us,” or “our” refer to Lender Hub, LLC dba ProFund™, a Delaware limited liability company. By “you,” “your,” or “user”, we are referring to visitors and users of any part of our Platform.

1. Collection of Information

We collect personal information that you provide us, from third parties, and automatically when you use our Platform. We collect information associated with your device using cookies and similar technologies. We may also receive information about your location.

Information You Provide Us

We collect information that you provide us, including your account and profile information, content you submit or post to our Platform, your communications, and information you provide to us as part of surveys and forms you complete.


Account, Profile and Merchant Information.
 When you create an account on our Platform, we collect information you provide us, like your name, email address, telephone number, including mobile telephone, and profile information. If you are the owner or delegate of an owner of a professional contractor business, you may also provide us information related to your business, including a business description that includes your business address and business telephone number.  ProFund™ integrates with a financial platform provider, Manor Credit, to facilitate your ability to cause a lender, at your request, to send loan related information, including a loan application, directly to your prospective customer.  In conjunction with your agreement to act as a merchant for a financial platform provider and/or lender, such financial platform provider may require you to provide additional information at the time you create an account including your social security number, business employer identification number and business bank account information.  This information, if requested, is input on forms provided by the financial platform provider and is not collected or retained by ProFund™.  


Content You Submit.
 We collect information and content that you submit, post to, or create in our Platform, including your business logo, comments, reviews, searches, project details, your prospective and actual customer contact details and estimated costs.


Communications.
 When you communicate with us (via email, phone, through our Platform, or otherwise)and when you use our Platform to communicate with others, we may record, monitor, or otherwise collect details about your communications.  We will provide you notice or obtain your consent in accordance with applicable law before recording or monitoring any of these calls. Otherwise, to the extent you communicate with professionals, customers, and other users outside our Platform, those communications are not subject to this Privacy Policy.


Information from Others

We collect information that others make available to us, including information from other platforms, publicly available information, information from other users of our Platform, information from our partners, service providers, and corporate affiliates, and information from third-party sites.


Other Platforms.
 We may receive information about you from third-party platforms when you allow the third-party platform to share this information with us or allow ProFund™ through a third-party integration on our Platform to manage and send communications(e.g., email or text messages).


Publicly Available Information.
 If you are a professional contractor we may collect information about you, or your prospective customer input by you on our platform, from publicly available sources and where permitted by applicable law or with your permission, make it available as part of our Platform.


Our Partners and Service Providers.
 We may receive information about you from our partners and service providers. For example, our payment processors may update us to verify a payment request you initiated on our platform was delivered successfully.


Automatically Collected Information

Each time you access the Platform, information is sent to our server by your Internet browser or app and stored in our log files. We collect information about your use of our Platform, including your search activity, the pages you view, the date and time of your visit, the content you interact with on our Platform and how you navigate and interact with a page or screen. We also collect information that your device provides to us in connection with your use of our Platform, such as your browser type, type of device, browser language, IP address, mobile carrier, unique device identifier, and requested and referring URLs.

Cookies and Similar Technologies

We use cookies and similar technologies (small text files stored on your computer) in connection with your use of our Platform to collect information related to what you see and interact with on our Platform and other Platform access and use.  For example, a “cookie” may help ProFund™ recognize you when you return to the website.  

Most popular internet browsers allow you to configure the browser to not accept cookies if you so choose. However, setting your browser to reject cookies may prevent you from taking full advantage of the Software Service. Please note that unless required by law, we do not change system behavior within our Platform in response to browser requests not to be tracked.

ProFund™ may also use the following:

Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the website. Flash cookies are not managed by the same browser settings as are used for browser cookies. See Section 2 “Use of Information” below for additional information.

Web Beacons. Pages of the website and e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit ProFund™ to, for example, count Users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).

Google Analytics Cookies. The website may use Google Analytics cookies or a similar provider, which is a simple, easy-to-use tool that helps website owners measure how users interact with website content. As a user navigates between web pages, Google Analytics provides website owners JavaScript tags (libraries) to record information about the page a user has seen, such as the URL of the page. The Google Analytics JavaScript libraries use HTTP Cookies to “remember” what a user has done on previous pages / interactions with the website.

 

Location Information

We will receive your device's location if you enable this through your browser or mobile device. We may infer your general location from your IP address. You may also choose to provide us your location information by inputting this information in our Platform, including in your ProFund™ settings.

 

2. Use of Information

We use the personal information we collect to provide, support, and personalize our Platform and to communicate with you about our Platform (on and off our Platform). The ways we do this include the following:

  1. to provide and improve our Platform and its features and functionality, including to display content, fulfill your payment requests through our Platform, process, store, and deliver your     communications; to provide customer service and support; to respond to your inquiries or requests; to back-up our systems; and to improve the security of our Platform;
  2. to evaluate use of our Platform for our business purposes and to provide and improve our products and services, including new and co-branded products and services and our Platform's     functionality;
  3. to personalize your experience, such as tailoring the content and information made available to you and our support services;
  4. to provide feedback to professionals contractors on our Platform;
  5. to communicate with you as described in our agreements with you (for example, the ProFund™ Terms of Service or this Privacy Policy;
  6. to prevent fraud and to maintain a quality experience for our business purposes or legal reasons, including to filter for spam and communications that violate our agreements with you (for example, the ProFund™ Terms of Service);
  7. to enforce compliance with our agreements with you (for example, the ProFund™ Terms of Service) and applicable law; to comply with our legal obligations; to prosecute or defend a lawsuit, arbitration, or similar legal proceeding; to respond to lawful requests by public authorities (including national security or law enforcement requirements);
  8. to perform research and analysis for our business purposes; and
  9. to award badges and similar designations and if you decide to participate, to administer surveys, contests, and promotions.

We may use your communications generally for quality assurance purposes and training and to improve our products and services. We may use your communications to understand and help manage the quality of requests received, and responses sent, by professional contractors on our Platform and to provide them with feedback. We may use automated technology to review your communications and improve user experience. 

We may use your log-in information, cookie information, device information, IP addresses, and other information to identify you and log your use across devices and our Platform. We may use this information to improve or personalize your experience on our Platform.

For your convenience, the payment processor(s) for the financial platform provider(s) will store information about the payment method you use in connection with the Platform. Note that while our payment processors may store your bank account information, ProFund™ does not. You may change or update payment method through a link located in your ProFund™ Admin settings.

Any use of your information that is incompatible with these uses will be disclosed to you in advance so that you may opt out of, or agree to, such uses at your discretion.

 

3. Sharing Your Information

We do not rent or sell your personal contact information (such as your email address associated with your account registration) to third parties to use for their direct marketing purposes. We share personal information in the following ways:

 

Service Providers and Partners

We may share your information with service providers and partners as reasonably needed for our uses described in this Privacy Policy. We ask our service providers to limit their use of that information for use on behalf of ProFund™ and for improving their services and products (in a de-identified form if legally required). ProFund™ uses service providers and partners to help operate our Platform. We ask third parties to help us perform the following types of services

·        Provide telecommunication services

·        Provide tools to help manage our customer service

·        Provide tools to facilitate your ability to have a lender send your customer information related to loan programs, including a loan application.

·        Provide tools to facilitate your ability to have a lender request your customer authorize payment on services provided to such customer and thereby, upon approval by such customer, causing a lender to disburse such amount directly to your bank account.

·        Help detect fraud

·        Measure and understand usage of our mobile applications, website and emails.

 

Corporate Affiliates and Business Transfers

We may share information from or about you with (a)joint ventures or other companies affiliated with ProFund™, or (b) a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or shares (including in bankruptcy or similar proceedings). In these cases, their use will be subject to this Privacy Policy.

Legal Obligations

We may disclose information from or about you, as required or permitted by applicable law, if we believe that such disclosure is reasonably necessary to (a) comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us, a service provider, or a partner (which may include disclosure to law enforcement, courts, or governmental authorities); (b) prevent, investigate, or identify possible wrongdoing in connection with our Platform; (c) protect our rights, reputation, property, or that of our visitors, users, affiliates, or the public; or (d)enforce compliance with our agreements with you (for example, the ProFund™ Terms of Service).

4. Communications

An essential part of our services that you sign up for when you create an account on our Platform is to receive communications from ProFund™ through email, text and our Platform. If you use our Platform from a mobile device or provide us with your cell phone number, these communications also include text messages and/or push notifications. We communicate with you about your account, privacy, and interactions with your customers (for example, if your customer authorizes a lender to make a payment to you). We also ask for your feedback about your experience in connection with our Platform.  In accordance with applicable law, we may send you marketing communications (e.g., with tips, offers, and similar services)directly or through an affiliate. These communications may feature us, our Platform, or co-branded products and services that are integrated on our Platform.  We will not provide communications to you with respect to unaffiliated, third-party products or services not integrated on our Platform.


If you provide us your phone number, we may call and otherwise contact you to help you with using the Platform (e.g., to discuss your account, to assist with a transaction or to provide you tips about your use of the Platform).


You may change your communication preferences at anytime through your ProFund™ settings if you have a ProFund™ account, including excluding notifications delivered via email and/or text. Please be aware that you cannot opt-out of receiving account- and privacy-related messages from us.  Our Platform also allows you and others to send messages to your customers in our Platform.

5. Your Choices and Rights

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond to your request securely and efficiently. Even where not legally required, we will use reasonable efforts to complete requests to access or delete your personal information. You may review your personal information by accessing your profile through your ProFund™ settings.  You may also request you’re a copy of your personal information by contacting us as provided in the Contact Us section. To request permanent deletion of your personal information, please contact us as described in the Contact Us section.

To edit your personal information, you can manage your profile on our Platform through the ProFund™ settings. You may also contact us about correcting or updating your personal information using the methods provided in the Contact Us section. We will consider your request in accordance with applicable laws.

6. Account Termination and Data Retention

To deactivate your account as a professional contractor on ProFund™, please contact us as described in the Contact Us section of this Privacy Policy. If you are a non-owner user of a professional contractor, contact your company administrator to request deactivation of your access to our platform.  When you deactivate your account, you will cease to provide ongoing or future data to us that is associated with your account. Your ProFund™ profile will no longer be accessible on the Platform. In order to request permanent deletion of the personal information associated with your account, if any, please contact us as described in the Contact Us section.

We will keep your personal information, if any, only for as long as necessary to fulfill the purposes for which we are processing your personal information unless the law permits or requires us to retain your personal information for a longer period. For example, we may need to keep your personal data for quality assurance purposes for our Platform or to defend future legal claims. We also will retain de-identified information after your account has been deleted. Information you have shared with others will remain visible after your account has been deactivated or deleted and after the information has been deleted from your own profile or account. We do not control information or content that others have copied out of our Platform.

7. Children

Our Platform is intended for use by professional contractors and associated users and is not directed to children under 16. We do not knowingly collect personal information from children under 16. In the event that we learn that we have collected personal information from a child under age 16, we will take appropriate steps to delete that information. If you become aware or believe that a child has provided us with personal information, please contact us as provided in the Contact Us section.

8. Data Security

We use reasonable and appropriate measures to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the personal information.

9. Updates to this Privacy Policy

We may revise this Privacy Policy from time to time. The most current version of our Privacy Policy will govern our use of information about you. If we make material changes to our Privacy Policy, we will notify you by email or by posting a notice on our Platform or by other means, to offer you an opportunity to review the changes before they become effective. By continuing to access or use our Platform after those changes become effective, you are subject to the revised Privacy Policy.

10. Contact Us

If you have questions or comments about this Privacy Policy (including about the manner in which we or our service providers treat your personal information), you may contact us in the following ways:

  1. Please email us at privacy@profund.net; or
  2. Contact us by mailing your inquiry to:  ProFund™, 7440 State Hwy 121, McKinney, TX 75070 Attn: Legal Department.

11. Additional Information for Individuals from California

This section provides notice and specific information for California consumers to address the California Consumer Privacy Act ("CCPA").


We collect the following categories of personal information from you:

     ● Contact information and other identifiers (for example, real name, address, email address, account name, or other similar identifiers);
     ● User ID or device identifiers (for example, IP address or other similar identifiers);
     ● Customer records (for example, customer records containing personal information, such as name, address, and telephone number);
     ● Usage data (for example, internet activity information, including browsing history and interactions with a website);
     ● Precise geolocation data (for example, latitude/longitude from a particular device, but only with your consent);
     ● Work history (for example, professional information, if this information is provided).

We do not disclose your data in exchange for money or services. For California residents, the CCPA defines "selling" personal information to include providing it to a third party in exchange for valuable services. We disclose information to certain third parties only in conjunction with providing services on the platform and not in exchange for valuable services, which may otherwise constitute a "sale" under the CCPA. See Section 3 Sharing Your Information, above.  As provided in our Terms of Use, use of the ProFund™ platform by anyone under 16 years of age is strictly prohibited. Consequently, we do not knowingly disclose information regarding individuals under 16 years of age to third parties in exchange for consideration or otherwise.

In addition to the rights described above and in the Your Choices and Rights section, California consumers may also, up to twice every 12 months and subject to certain exceptions, request us to provide information about how we have used and shared your personal information in the prior 12 months. Please submit these requests for information, as well as requests to access or delete your information, by emailing us at privacy@profund.net.

Your authorized agent may submit a request to know, delete, or opt out, if applicable, on your behalf by emailing us at privacy@profund.net.We may still require you to directly verify your identity and confirm that you have provided the authorized agent permission to submit the request. Whether you submit your request directly or through an authorized agent, generally, the only means ProFund™ has to verify your identity is for you: to respond to a specific ProFund™ email from the email address associated with your ProFund™ account or to click a confirmation or similar button in a specific ProFund™ email from the email address associated with your ProFund™ account.

The Collection of Information section of this Privacy Policy describes the sources from which we collect your personal information. The Use of Information section of this Privacy Policy describes the purposes for which we collect your personal information. The Sharing Your Information section of this Privacy Policy describes the types of third parties with which we share your personal information.

Consistent with the CCPA, except to the extent reasonably related to the value of your personal information, we will not treat California consumers differently for exercising their rights under the CCPA.

Effective September 30, 2021

 

* ProFund™ is a trademark of Lender Hub, LLC.  Trademark registration is pending.