Privacy Statement

Who we are

Figabl Inc. is a Delaware corporation with its operating office at 680 S Cache St STE 100-7414, Jackson, Wyoming, 83001, USA. Figabl Inc. owns and operates the Figabl platform, including the Expected Value Engine, and is the party responsible for the information described in this statement.

Figabl Inc. has affiliated special purpose entities, such as ABL7 LLC, which purchase merchant inventory. Where a merchant enters into an inventory purchase agreement with one of those entities, that agreement governs the information covered by it. This statement describes what Figabl Inc. does with information as operator of the platform.

Information we collect

Website visitors. When you visit www.figabl.com we collect basic technical information such as your IP address, browser and device type, the pages you view and the site that referred you. If you fill in a form or email us, we collect what you send — typically your name, business name, email address and message.

Account information. If you create an account we collect your name, business name, business address, email address, telephone number, role, and login credentials. We collect information about how you use the platform, including sign-ins and the reports you generate.

Business and inventory data. Once you connect an account, we retrieve data about your business. Depending on which accounts you connect this includes inventory levels and locations, product and SKU information, sales history and pricing, fulfillment and shipping data, marketplace fees and settlements, accounting records, and bank account and transaction data.

Diligence information. If you are being considered for a financing arrangement we may collect information about your business and its principals, including entity formation and ownership details, and information required for identity, sanctions and anti-money-laundering checks.

Most of what we hold is business information rather than information about individuals. Some of it — contact details for you and your colleagues, and details of a business’s principals — relates to identifiable people, and this statement covers that as well.

How we obtain it

Directly from you. Information you type into the platform, send us by email, or give us during diligence.

Through data connectors. We use third-party connectors to move data from your systems to ours with your authorization. These include Fivetran (fivetran.com), which we use to move data from your marketplace, fulfillment and accounting systems, and Plaid, which we use to connect to your bank accounts. When you authorize a connection through Plaid, Plaid accesses your banking data on your instruction and passes it to us; Plaid also handles that information under its own privacy policy, which we recommend you read.

Through direct connections. We connect directly to some systems using their own interfaces — for example the APIs of online marketplaces such as Amazon and eBay, fulfillment providers, and third-party logistics providers — using access you grant or credentials you authorize.

From your fulfillment and channel partners. Where a fulfillment provider or sales channel holds your inventory, we may receive inventory and disposition data from them.

You choose which accounts to connect, and you can disconnect any of them at any time.

Why we use it

• To operate the platform and provide you with access to it.
• To produce your analysis — running your data through the Expected Value Engine to generate an expected value for your inventory and an assessment of how it is likely to sell.
• To assess whether an inventory purchase arrangement with one of our affiliates may be appropriate, and on what terms.
• To carry out identity, sanctions, anti-money-laundering and credit-related checks where we need to.
• To administer your account, provide support and communicate with you about the platform.
• To monitor, secure, troubleshoot and improve the platform, and to develop new features.
• To meet our legal, regulatory, audit and tax obligations, and to report to our lenders as our financing arrangements require.
• To establish, exercise or defend legal claims.

We do not use your data for any other purpose without telling you.

Automated analysis

The analysis the platform produces is generated by a model. It is an estimate based on the data available to us, not a valuation you should rely on, and it is not advice — the Figabl Platform Terms explain this in more detail.

Decisions about whether to enter into a financing arrangement with a merchant, and on what terms, are made by people at Figabl and its affiliates. The model informs those decisions; it does not make them on its own.

Aggregated and de-identified data

We combine data across the merchants we work with into an aggregated form that does not identify you or any individual, and use it to operate, develop, train, test and improve the Expected Value Engine, and to produce general statistics and benchmarks about inventory and marketplace activity.

We do this because the model gets better the more it has seen. Aggregated and de-identified data is not attributed to you, is not shared in a form that identifies you, and we continue to use it after you stop using the platform.

Artificial intelligence and analytics tools

Some platform features use third-party analytics tools, which may include large language models or other artificial intelligence services. Where we use such tools we take steps to remove or obscure information identifying you or any individual before data is shared with them, and we configure those services so that your data is not used to train the provider’s own models or shared onwards, to the extent the provider allows this to be configured.

Who we share it with

Our affiliates. We share information with Figabl Inc.’s affiliated entities, including the special purpose entities that purchase inventory, where they need it to consider or perform an inventory purchase arrangement with you.

Our lenders and investors. Our affiliates finance inventory purchases by borrowing under their own facilities, and those lenders require reporting on the portfolio. We share information about merchants and inventory with lenders, prospective lenders, investors and prospective investors, in each case under confidentiality obligations.

Connectors and service providers. We share information with the connectors described above and with providers who help us run the platform — hosting, data storage and processing, analytics, communications, security and support. They may use it only to provide services to us.

Professional advisers. Our lawyers, accountants, auditors and insurers, where they need it.

Where the law requires it. We disclose information where we are required to by law, regulation, subpoena or court order, or where a regulator or auditor requires it. Where we are legally permitted to tell you first, we will.

In a corporate transaction. If Figabl Inc. or any of its affiliates is involved in a merger, acquisition, reorganization, financing or sale of assets, information may be shared with the other parties and their advisers under confidentiality obligations, and may transfer as part of that transaction.

We do not sell your data, and we do not disclose it in a form that identifies you to anyone for their own marketing purposes.

Where information is held

All of the information described in this statement is stored and processed in the United States, by us and by our service providers.

If your business is in Canada, this means information about your business, and personal information about you and your colleagues, is transferred to and held in the United States. While it is there it is subject to United States law, and may be accessible to United States courts, law enforcement and government authorities under that law. We require our service providers to protect it to a standard comparable to the protection it would have in Canada, but we cannot exclude the effect of United States legal process.

By connecting an account to the platform you are asking us to retrieve your data and hold it on this basis. If you would prefer your data not to be held in the United States, do not connect an account, and contact us to discuss alternatives.

Security

We maintain administrative, physical and technical safeguards designed to protect the information we hold, appropriate to its nature and sensitivity. These include access controls, encryption of data in transit, monitoring, and limiting access to those who need it for their work.

No system is completely secure. If we become aware of unauthorized access to, or disclosure or loss of, your information, we will notify you without undue delay and tell you what we know and what we are doing about it.

How long we keep it

We keep your information for as long as your account is open and you are using the platform. After that we keep it only for as long as we need to:

• comply with our legal, regulatory, tax and audit obligations;
• evidence our own compliance with agreements we are party to;
• perform or wind down any inventory purchase arrangement that is still in force; or
• establish, exercise or defend legal claims.

You can ask us to export or delete your data at any time, and we will do so within thirty days, except to the extent we are required or permitted to keep it for the reasons above, it is needed under an inventory purchase agreement, or it is held in aggregated and de-identified form. Copies in routine backups are deleted as those backups cycle out.

If your account is inactive for twelve months we may delete your data, and will give you notice before we do.

Your choices

Disconnecting accounts. You can disconnect any connected account, or withdraw your authorization for us to access it, at any time from within the platform or by contacting us. We will stop retrieving new data from it promptly. If you have an inventory purchase agreement in force with one of our affiliates, that agreement contains its own data access rights, which are separate from this and unaffected.

Access, correction and deletion. You can ask us for a copy of the information we hold about you, ask us to correct it if it is wrong, or ask us to delete it. Contact us using the details below and we will respond promptly.

Communications. You can opt out of non-essential emails from us using the link in those emails or by contacting us. We will still send you messages about your account and the platform.

If you are in the United States. Depending on your state, you may have additional rights over personal information about you, including rights to know what we collect, to obtain a copy, to correct or delete it, and not to be discriminated against for exercising those rights. We do not sell personal information and we do not share it for cross-context behavioral advertising. We will not treat you differently for exercising a right, and you may use an authorized agent.

If you are in Canada. You may ask us for access to the personal information we hold about you and for an account of how it has been used and to whom it has been disclosed, and you may ask us to correct it if it is inaccurate or incomplete. You may withdraw your consent to our use of personal information at any time, subject to legal and contractual restrictions and on reasonable notice — though doing so may mean we can no longer provide the platform to you. If you are not satisfied with how we have handled a question or complaint, you may contact the Office of the Privacy Commissioner of Canada, or your provincial privacy regulator.

Our Privacy Officer. Questions, requests and complaints about this statement or about how we handle personal information should be directed to our Privacy Officer using the contact details below. We will acknowledge your request promptly and respond within the time the applicable law allows.

Cookies

www.figabl.com does not set cookies and does not use analytics or advertising tools. If that changes, we will update this section.

Children

The platform is for businesses. We do not knowingly collect information from anyone under 18, and the platform is not directed at children.

Changes to this statement

We may update this statement from time to time. We will post the updated version on this page with a new effective date, and where the change is material we will give you reasonable notice.

Contact us

If you have a question about this statement, or want to exercise any of the choices described in it, contact us at: