Privacy

Inmediato LLC Terms of Use

INMEDIATO LLC, a Florida limited liability company doing business as Luca™ ("Luca," "we," "us," or "our"), respects your privacy. This Privacy Policy describes how we collect, use, and share personal information in connection with https://somosluca.com (the "Site") and our merchant cash advance and related commercial financing services (collectively, the "Services").‍

By accessing or using the Site or Services, you agree to this Privacy Policy and to our Terms of Use.

About Luca and Continuity of Prior Practices

Luca™ is a trade name of INMEDIATO LLC. INMEDIATO LLC previously conducted business under the trade name "Upfunding Capital. " References in prior agreements or communications to "Upfunding Capital" or "Upfunding" refer to the same legal entity now doing business as Luca.

The legal entity has not changed.

Information We Collect

We collect personal information in the following ways:

(a) Information you provide directly, including when you submit an application, communicate with us, or use the Site. This may include your name, business name, contact information (email, phone, address), government identification numbers (such as Social Security Number or ITIN, where required for underwriting), driver's license number, financial information (bank statements, tax returns, processor statements, business and personal credit information), and other information necessary for evaluating and providing financing.

(b) Information from brokers, independent sales organizations, and referral partners who may submit applications and supporting documents on your behalf, having represented to us that they have your authorization to do so.

(c) Information from third-party data providers, including consumer reporting agencies (personal and business credit), bank data aggregators, identity verification services, fraud prevention services, and public records.

(d) Information collected automatically when you visit the Site, including IP address, device and browser information, pages visited, referring URLs, date and time of visit, and similar technical information. This information is collected through cookies and similar tracking technologies (see Section 7).

How We Use Personal Information

We use personal information for the following purposes:

• To evaluate, underwrite, and provide commercial financing products to your business;
• To verify your identity and the identity of business owners and personal guarantors;
• To facilitate referrals to third-party funding partners where appropriate;
• To service your account, process payments, and provide customer support;
• To prevent fraud and protect security;
• To comply with applicable law and respond to legal requests;
• To communicate with you about your application or account;
• To send marketing communications (subject to your consent and opt-out rights);
• For analytics and improvement of our Services.

How We Share Personal Information

We may share personal information with:

• Funding partners — when we refer your application to a third-party funder for
• evaluation;
• Service providers — including underwriting platforms, bank data aggregators, identity verification services, payment processors, cloud hosting providers, communication providers (email, SMS, telephony), and customer service platforms, all engaged to provide services on our behalf;‍
• Consumer reporting agencies — to obtain credit reports and to report account information as permitted by the Fair Credit Reporting Act;‍
• Brokers and ISOs — that referred you to us, consistent with our agreements with them;‍
• Advertising and analytics partners — through cookies and similar technologies, as described in Section 7
• Affiliates — entities under common ownership or control with Luca;
• Legal and government recipients — where required by law, subpoena, court order, or
• regulatory request, or to protect the rights, property, or safety of Luca, our users, or
• others;
• Business transferees — in connection with a merger, acquisition, financing,
• reorganization, or sale of assets.

We do not sell personal information for monetary consideration. Certain disclosures to advertising partners through cookies and tracking technologies may be considered "sharing" of personal information under California law.

Marketing Communications

We send marketing communications consistent with applicable law and based on consent obtained at the point of application or other interaction.

You may opt out of marketing communications at any time:

• Email: Click the "unsubscribe" link at the bottom of any marketing email, or send a request to optout@somosluca.com.‍
• SMS/Text: Reply "STOP," "QUIT, " "UNSUBSCRIBE, " or "CANCEL" to any marketing text message.
• ‍ Phone: Ask a Luca representative to remove your number during any call, or contact us as described in Section 12.

Consent to receive marketing communications is not a condition of receiving our products or services. Marketing consent is documented separately from this Privacy Policy at the point of lead capture or application. Revocation of marketing consent does not affect our ability to send transactional communications related to your application, financing, or account.

Cookies and Tracking Technologies

The Site uses cookies, pixels, web beacons, and similar technologies to operate the Site, analyze usage, and support advertising. These include strictly necessary cookies, analytics cookies (such as Google Analytics), and advertising cookies (such as Meta/Facebook Pixel and Google Ads).

You may control cookies through your browser settings, although disabling cookies may limit Site functionality. You may also opt out of interest-based advertising through:

• Network Advertising Initiative: https://thenai.org/opt-out
• Digital Advertising Alliance: https://digitaladvertisingalliance.org/consumer-choice
• AppChoices (mobile): https://youradchoices.com/appchoices

Some browsers offer "Do Not Track" signals. There is no industry standard for responding to these signals, and we do not currently respond to them.

Information About Minors

Our Services are intended for individuals 18 years of age or older and exclusively for business purposes. We do not knowingly collect personal information from individuals under 13. If we learn that we have collected personal information from a person under 18 without proper authorization, we will delete such information.

Your Privacy Rights

Depending on your state of residence, you may have rights regarding your personal information. Where applicable law gives you rights to access, correct, delete, or opt out of certain uses of your personal information, you may exercise those rights by contacting us as described in Section 12.

California Residents. Under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, California residents may have the right to know what personal information we collect, request deletion or correction, opt out of "sale" or "sharing" of personal information, and exercise other rights. To submit a request, contact us as described in Section 12.

Residents of Other States with Privacy Laws. Residents of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, and Florida (among others) may have similar rights under applicable state law.

FCRA Rights. If we take adverse action with respect to your application based in whole or in part on information in a consumer report, we will provide notice as required by the Fair Credit Reporting Act.

Verification. Before responding to a privacy request, we will verify your identity by matching information you provide against information already in our records. We will not require notarization or any verification step more burdensome than permitted by applicable law.

We will not discriminate against you for exercising your privacy rights.

Security

We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, use, or disclosure. No system is completely secure, and we cannot guarantee the absolute security of personal information transmitted to or from the Site.

Retention

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, comply with applicable legal and regulatory obligations, and resolve disputes or enforce agreements. Retention periods vary by category of information.

Disclaimer of Warranties

To exercise your privacy rights, ask questions about this Policy, or submit a complaint, contact us:

INMEDIATO LLC (d/b/a Luca) Attn: Privacy Officer 3201 NE 183rd Street, Unit 307 Aventura, FL 33160 United States

Email (privacy matters): privacy@somosluca.com Email (marketing opt-out): optout@somosluca.com General Email: hello@somosluca.com Phone: (+1) 786-640-3394

Communications may be made in English or Spanish.

International Transfers

Luca is based in the United States, and personal information is processed and stored primarily in the United States. If you are located outside the United States, you acknowledge that your information will be transferred to and processed in the United States.

Linked Websites

The Site may contain links to third-party websites and services. This Policy does not apply to those third-party sites. We encourage you to review the privacy practices of any third party before providing information to them.

Changes to This Policy

We may update this Privacy Policy from time to time. The "Last Updated" date above will reflect the most recent revision. For material changes, we will provide notice through the Site, email, or other appropriate means. Your continued use of the Services after any update constitutes acceptance of the updated Policy.