Privacy Policy

ONYX Capital Partners (“ONYX,” “we,” “us,” or “our”) respects your privacy and is committed to protecting the personal and business information you share with us. This Privacy Policy explains how we collect, use, disclose, and safeguard information when you visit onyxcapnow.com (the “Site”) or submit an application for our financing services.

1. Who This Policy Covers

This Policy applies to the Site and to information you submit to us through it. ONYX provides commercial financing to businesses; we do not offer consumer loans, and the Site is directed to business owners and their authorized representatives in the United States. We do not target the Site at, or knowingly collect information from, individuals in the European Economic Area, the United Kingdom, or Switzerland.

This Policy does not cover information governed by a separate signed financing agreement between you and ONYX, which may contain its own confidentiality and data terms.

2. Information We Collect

We collect information that you voluntarily provide and information collected automatically when you use the Site.

Information You Provide

When you complete our funding application form or otherwise contact us, we may collect:

• Full name and contact details (email address, phone number)
• Company name, website, and years in business
• Yearly revenue and funding timeline preferences
• Additional comments or details about your business needs and invoices
• Whether you opted in to marketing messages, and the date and wording of that consent
• Any other information you choose to provide in free-text fields or subsequent communications

Please do not submit Social Security numbers, bank account or card numbers, or other sensitive identifiers through the Site's form. If we need that information during underwriting, we will request it through a secure channel.

Information Collected Automatically

The Site itself does not run analytics, advertising, or social media tracking scripts. However, like virtually all websites, our hosting provider records standard server log data when a page is requested, which may include:

• IP address, browser type, device type, and operating system
• The pages requested and the date and time of the request
• The referring page, where your browser sends one
• General location information inferred from IP address

This data is used for security, abuse prevention, and aggregate traffic measurement. We do not use it to build a profile of you.

3. How We Use Your Information

We use the information we collect to:

• Process and evaluate funding applications for invoice factoring, merchant cash advances, and other financing products
• Contact you regarding your application, including by phone, email, or SMS
• Provide customer support and respond to inquiries
• Improve the Site, our services, and user experience
• Comply with legal and regulatory obligations, including recordkeeping for consent
• Detect, prevent, and address fraud, security, or technical issues
• Send transactional or service-related communications
• Send marketing communications, but only where you have opted in

We do not sell your personal information, and we do not share it for cross-context behavioral advertising.

4. Calls, SMS, and Marketing Consent

Responding to your application is a transactional purpose: if you apply, we will contact you about that application using the details you provided, regardless of your marketing preferences.

Separately, you may tick the optional consent box on the application form. By doing so, you expressly consent to receive marketing calls, emails, and SMS text messages from ONYX Capital Partners and its agents at the phone number you provide, including messages sent using automated technology. Message frequency varies (up to 4 messages per month). Message and data rates may apply.

• Consent is optional. It is not a condition of purchase, of applying, or of funding approval, and leaving the box unticked will not affect how we handle your application.
• Reply STOP to any text message to opt out. Reply HELP for help.
• Unsubscribe from marketing emails using the link in any such email.
• We retain a record of the consent you gave, including its date and the exact wording shown to you, as required for compliance purposes.

Carriers are not liable for delayed or undelivered messages.

5. How We Share Information

We may share your information in the following circumstances:

• Service Providers: With third-party vendors who assist us in operating the Site, delivering and processing form submissions, sending communications, and providing hosting, IT, and security services. Our application form is delivered to us through a third-party form-processing service, which transmits your submission to our email. These parties are permitted to use your information only to perform services for us.
• Funding Partners: Where evaluating or placing your request requires it, with underwriters, funding sources, or participating lenders, subject to confidentiality obligations.
• Business Transfers: In connection with a merger, acquisition, financing, or sale of assets, your information may be transferred as part of that transaction.
• Legal Requirements: When required by law, subpoena, court order, or to protect the rights, property, or safety of ONYX, our clients, or others.
• With Your Consent: When you direct us to share information or otherwise consent.

We do not share your information with third parties for their own independent marketing purposes.

6. Cookies and Tracking Technologies

As of the “Last updated” date above, this Site sets no cookies. It loads no analytics platform, no advertising or retargeting pixels, no social media widgets, and no third-party fonts or scripts. Nothing on these pages tracks you across other websites.

If we introduce cookies or analytics in future, we will update this section and the “Last updated” date before or at the time those technologies go live. You can also control cookies through your browser settings at any time.

Because we do not track users across sites, we do not currently respond to Do Not Track or Global Privacy Control browser signals — there is no cross-site tracking for them to disable.

7. Data Security

The Site is served over HTTPS, and form submissions are transmitted over an encrypted connection. We implement reasonable administrative, technical, and physical safeguards designed to protect the information we collect. However, no method of transmission over the Internet or electronic storage is completely secure. While we strive to protect your information, we cannot guarantee absolute security.

8. Data Retention

We retain personal and business information for as long as necessary to fulfill the purposes outlined in this Policy, including to process applications, maintain records for legal and regulatory compliance, resolve disputes, and enforce our agreements. Records of marketing consent and opt-out requests are kept for as long as applicable telemarketing rules require. When information is no longer needed, we delete it or render it non-identifiable.

9. Your Rights and Choices

Regardless of where you live, you may ask us to:

• Tell you what personal information we hold about you and how we have used it
• Correct information that is inaccurate or out of date
• Delete your information, subject to legal and regulatory retention obligations
• Stop sending you marketing communications (marketing emails, or SMS by replying STOP)

Residents of California, Colorado, Connecticut, Virginia, Utah, Texas, and other states with comprehensive privacy laws may have additional rights, including the right to obtain a portable copy of their information, to opt out of sale or targeted advertising (which we do not engage in), and to appeal a refusal of a request.

To exercise any of these rights, contact us at info@onyxcapnow.com or 201-862-8075. We will acknowledge your request and respond within 45 days, and will tell you if we need a permitted extension. We may need to verify your identity, and where a request is made on behalf of a business, that you are authorized to act for it. We will not discriminate against you for exercising these rights.

10. Children’s Privacy

The Site and our services are directed to businesses and to individuals 18 years of age or older. We do not knowingly collect personal information from children under 13. If you believe we have collected information from a child under 13, please contact us so we can delete it.

11. Third-Party Links

The Site may contain links to third-party websites. We are not responsible for the privacy practices or content of those sites. We encourage you to review the privacy policies of any third-party sites you visit.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. The “Last updated” date at the top of this page indicates when the Policy was last revised. If we make a material change to how we use information you have already given us, we will take reasonable steps to notify you, such as by email to the address on your application. Your continued use of the Site after any changes constitutes acceptance of the updated Policy.

13. Contact Us

If you have questions about this Privacy Policy or our privacy practices, or wish to exercise any right described above, please contact us:

• Email: info@onyxcapnow.com
• Phone: 201-862-8075
• Mail: ONYX Capital Partners, Ramsey, New Jersey, United States

This Privacy Policy is provided for informational purposes and does not constitute legal advice. Privacy obligations vary by state and change over time; before relying on this Policy, have it reviewed by counsel licensed in your jurisdiction against your actual data practices.