Privacy Policy

Bibby Financial Services (USA) Inc.

This Privacy Policy explains how Bibby Financial Services (“Bibby”, “We”, “Us”, or “Our”) collects, uses, discloses and otherwise manages and protects personal information, including personal information collected through our website located at https://www.bibbyusa.com (the “Website”).

Collection and Use of Information

The term “personal information” or “personally identifiable information” (PII) means information about an identifiable individual, including name, address, email address, signature, and other information relating to an individual. Bibby may collect personal information when you:

  • Complete a loan application on behalf of a business;
  • Act as a guarantor for a business loan;
  • Enter into a loan agreement;
  • Sign-up to receive promotional communications;
  • Contact us with a comment, question or complaint;
  • Participate in surveys, customer research or contests;
  • Apply for employment at Bibby; and
  • Visit our website. 

USA Patriot Act: Federal law requires that we obtain, verify, and record information that identifies each person (including business entities) who opens an account with us.  This means that when you open an account, we will ask for your name, physical mailing address, and other information that will allow us to identify you.  We may also ask to see your driver's license or other identifying documents. We will let you know if additional information is required.  

Application: In connection with an asset based business loan or factoring application, we collect information about your business (i.e. accounts receivables, invoices, existing loans, judgments, liens, bankruptcies, etc.) as well as certain personal information of owners/officers of the business. For example, we collect the name, mailing address, date of birth, position, and ownership percentage of owners. We also collect driver’s license number in order to verify the identity of the owner(s) and personal financial statements from guarantors (including information about personal liabilities, and assets such as stocks and bonds, real estate and other property owned, life insurance). We use this information for the purposes of (i) assessing the potential of a commercial financing relationship; (ii) approving, administering, servicing and enforcing the loan or factoring transaction, if accepted; (ii) assessing the owner’s ability to repay the loan in the event of default; (iii) meeting legal and regulatory requirements; and (iv) detecting and preventing fraud and other unauthorized or illegal activities. 

Social Security Number: Individual applicants are required to provide their social security number in order to apply for a loan or factoring transaction. Corporate entities are required to provide their tax identification numbers in order to apply for a loan or factoring transaction.  We use your social security number to assist us in identifying you with credit reporting agencies, as defined in the Fair Credit Reporting Act, in order to retrieve an accurate credit report. We also use your tax identification number to assist us in identifying your business with credit reporting agencies.    

Credit Reports and other Background Verification's: We may obtain consent from owners or officers to conduct a credit check, criminal record check, and other background verification in order to assess risk and meet regulatory obligations (such as know-your-client rules) at the time of application and during the course of our relationship with you. For example, we may collect credit-related information from consumer reporting agencies or credit bureaus. This may include information about the types and amounts of credit advanced to you, payment histories, negative banking items, collection actions, legal proceedings, previous bankruptcies and other information reported by creditors. We use this information to help us assess the potential of a commercial financial relationship with the business. If the business is approved for funding, we may collect additional information from owners and guarantors including proof of income (such as pay stubs and your tax return), U.S. bank account number, and employment information such as occupation, current or former employer(s). We use this information in order to administer our relationship with you. 

Online Reporting Service: If the business has subscribed to Bibby’s Online Reporting Services, we may collect information from the authorized users including the authorized users’ names and contact information as well as a password. We use this information to create and administer your online account, to manage and make certain decisions about your account, and to ensure that only authorized users are able to access the reports.

Call Recording: We may monitor and record our telephone conversations with you for training and quality assurance purposes. If a telephone conversation is recorded, you will be provided with a notice at the beginning and/or during the course of the call that is being recorded. If you do not wish to have your call recorded, please let us know. 

Marketing and Promotional Communications: To learn more about our marketing and communications please visit our Terms of Use, where you can learn how to receive and opt-out of our promotional communications. 

Customer Service:  When you contact us with a comment, question, or complaint, you may be asked for information that identifies you (such as your name, business name, email address and telephone number) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service and product and service offerings. 

Surveys and Customer Research: From time to time, we may offer you the opportunity to participate in one of our surveys or other customer research. The information obtained through our surveys and customer research is used in an aggregated, non-personally identifiable form. We use this information to help us understand our customers, to enhance our product and service offerings, promotions and events. 

Apply for Employment at BFS: In connection with a job application or related inquiry regarding potential employment with Bibby, you may provide us with certain personal information about yourself (such as that contained in a resume, cover letter, or similar employment-related materials). We use this information for the purpose of processing and responding to your application for current and future career opportunities.  

Children: This Website and BFS’ products and services are not intended for minors.  We do not knowingly solicit data online from or market online to children under 13 years of age.  If we knowingly receive a child’s personal information, we will immediately delete it from our system.  If you have any questions or inquiries concerning our policy regarding children under the age of 13, please contact us through the contact information provided below.  

Disclosure of Information: We will not disclose, trade, rent, sell or otherwise transfer personal information, without consent, except as set out herein.

We may disclose information we collect from you for a number of administrative purposes, including but not limited to processing your requests or inquiries, completing a transaction, administering an account, or providing access to reports, and addressing or responding to customer service requests. 

Lenders: We may share information with our lenders so that they may assess on-going risk. 

Service Providers: Your personal information may be transferred (or otherwise made available) to our affiliates and other third parties who provide services on our behalf. For example, we may use service providers to host the Website, store and back-up data, operate certain of its features, send email, SMS text messages or other communications, or manage and analyze data and our advertising effectiveness. Service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes. Personal information may be maintained and processed by Bibby, its US, Canadian, UK and other affiliates and third party service providers in the US, UK or other jurisdictions. For more information on our practices with respect to the use of foreign service providers, please contact us as set out below. 

Legal and Compliance: We and our US, Canadian, UK and other service providers may provide your personal information when permitted by law, including in response to a subpoena, search warrant or other legally valid inquiry or order; or to another organization for the purposes of investigating or taking action on a breach of an agreement or contravention of law; or detecting, suppressing or preventing fraud; or as otherwise required by applicable US, Canadian, UK or other law or legal process.  Personal information may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.  

Sale of Business: Personal information may be provided to third parties in connection with a prospective or completed business transaction, including a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Bibby or as part of a corporate reorganization, or stock or asset sale, or other change in corporate control, including for the purpose of determining whether to proceed or continue with such transaction or business relationship.  In the event that Bibby’s assets are acquired or purchased by another company, that company will assume responsibility for the personal information collected by us, and it will assume the rights and obligations regarding the information collected as described in this privacy policy. 

Safeguarding and Retention of Personal Information

We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure, including limiting access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfill their job requirements.

We retain PII as needed to provide you services, respond to inquiries, or as required by our contractual commitments, statutory obligations, or internal document retention procedures. 

Access to Personal Information

You may access, update and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions.  You may request access, updating and corrections of inaccuracies in other personal information we have in our custody or control by emailing or writing to us at the contact information set out below.  We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records. 

Cookies and Additional Information about our Websites

Visiting our Websites: In general, you can visit our Websites without telling us who you are or submitting any personal information. However, we collect the IP (Internet protocol) addresses of all visitors to our Websites and other related information such as page requests, browser type, operating system and average time spent on our Websites. We use this information primarily to help us understand activity on our Websites and to monitor and improve our Websites. 

Cookies: Our Websites use a technology called "cookies". A cookie is a tiny element of data that our Websites can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. A cookie allows a website to “remember” a user’s actions or preferences.  These cookies (1) may let us know who you are, (2) may be necessary to access your account information (stored on our computers) in order to provide personalized services, and (3) will provide us and our service providers with information that we will use to personalize our Websites in accordance with your preferences and interests.

We use cookies on the pages of our Websites, including on pages where you are prompted to log in or pages that are customizable. Where appropriate, we use the data from cookies on our Website to tailor our Website’s content to fit the needs of visitors.  In addition to the reasons described above, we use our own (first-party) and partner companies’ (third-party) cookies: to monitor and manage website traffic; if required as a matter of law or regulation, to protect our or our other customers’ rights; for login purposes; to enable us to remember preferences, track visitors and target advertisements; and to make the browsing experience on the Website more efficient and enjoyable for the visitor. You can find more information about cookies at: www.allaboutcookies.org. 

Analytics: We and our service providers (such as Google Analytics) may use cookies to help us understand our website usage and activity, to customize user experiences, to improve our Websites and provide better customer service, including helping us identify what type of information to communicate to you about our services. For more information about Google Analytics, see www.google.com/policies/privacy/partners/.

Users have the opportunity to set their devices to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. Disabling cookies will not interfere with your ability to access our Websites. However, if you decide not to accept cookies from our Websites, you may not be able to take advantage of all of the features of our Websites, including certain personalized services.

Tracer Tags & Web Beacons: Our Websites may also use a technology called “tracer tags” or “Web Beacons.” This technology utilizes a graphic image on our web pages and in our emails to collect certain information about which pages you visit on our Websites, and your use of content on those pages. These tracer tags are used to help us optimize and tailor our Websites for you and other future visitors to our Websites.  

Online Ads and Interest-Based Advertising

We may use third parties such as ad networks and other advertising companies to serve advertisements on our Website and on other websites (including social media sites such as Facebook and Twitter). These companies may use cookies, tracer tags or web beacons to report certain information about your visits to our Website and other websites (such as web pages you visit and your response to ads) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant to you, both on and off our Websites (including on social media sites). For example, you may see advertisements for Bibby on third party sites after you have visited the Websites. These third parties use their own cookies and tracer tags to track visitors interactions with our Websites.  Bibby does not control third-party cookies and tracer tags and their use may be governed by the privacy policies of the service providers employing those cookies and tracer tags.

To learn more or to opt-out of having your information used by participating companies for online behavioral advertising purposes, please visit http://youradchoices.com, http://optout.networkadvertising.org, or http://www.aboutads.info/choices/.  

Links to Third Party Websites

Our Website may contain links to other sites that we do not own or operate. Also, links to our Website may be featured on third party websites on which we advertise. Except as provided herein, we will not provide any of your personal information to these third parties without your consent. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your personal information.  

Social Media

We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on our Website and on the third-party social networking websites, plug-ins and applications, and to provide you with other products or services you may request. 

International Transfers of Personal Information

This Website and its information are intended for use by individuals and businesses within the United States only. Regulatory requirements and data requirements may differ between countries. Therefore, information on this Website may be inappropriate for use outside of the United States. By using this Website and submitting personal information on this Website you consent to our Terms of Use and this Privacy Policy. If you have any questions regarding this Website or Bibby Financial Services please contact ComplianceOfficer@bibbyusa.com. 

Updates to the Privacy Policy

We may update this Privacy Policy to reflect changes to our privacy practices. The revised Privacy Policy will be posted on the Website. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

Please contact our Privacy Officer if:

  • you have any questions or comments about this Privacy Policy
  • you wish to access, update, and/or correct inaccuracies in your personal information, or 
  • you otherwise have a question or complaint about the manner in which we or our service providers treat your personal information.

You may contact our Privacy Officer by email at ComplianceOfficer@bibbyusa.com or by mail at the following address:

Bibby Financial Services (Holdings) Inc.
600 TownPark Lane, Suite 450
Kennesaw, Ga 30144

Last updated:June 2, 2017