Floorplan Xpress, LLC (“Floorplan Xpress,” "Company," "we," "us," or "our") is an Oklahoma limited liability company headquartered in Moore, Oklahoma. We provide floor plan financing services for independent auto dealers across 30 states.

We know that your privacy is important to you, and we work hard to earn and keep your trust. We respect your privacy and are committed to protecting your privacy through our compliance with this Privacy Policy (the “Policy”). The words “you” and “your” refer to you as a visitor or user of the Services (defined below).

This Policy describes the types of Personal Information (defined below) we may collect from you or that you may provide when you:

• Visit our website at www.floorplanxpress.com (the “Website”) to obtain information about our service offerings, or

• Apply online through the Website for a revolving line of credit to finance vehicle inventory at your car dealership under our (“Floor Plan Agreement”), or

• Use our Dealer Application (“Dealer App”) to manage your account and process payments (collectively, the “Services”).

This Policy further describes our practices for collecting, using, maintaining, protecting, sharing, and disclosing Personal Information to others.

This Policy does not apply to information collected offline or through other means, including on any third-party websites or services that may link to or be accessible from our Services (for further information, see below, “Third-Party Websites”).

Please read this Policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, then please do not use our Services. By using our Services, you agree to the terms of this Policy. This Policy may change from time to time (see below, “Changes to this Policy”). Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

2. TERMS OF USE

This Policy is incorporated by reference and should be read in conjunction with our Terms of Use.

3. INFORMATION WE COLLECT

Personal Information. To ensure that we provide you with the best possible experience, we will store, use, and disclose personal information about you in accordance with this Policy. Personal information is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device (“Personal Information”). The Personal Information that we may receive and collect depends on what you do when you use our Services.

Information of Other Individuals. You may have the opportunity to provide information of other individuals. When providing such information, you are solely responsible for obtaining the necessary consents and authorizations from any individuals in accordance with applicable data privacy and security laws and regulations, and Floorplan Xpress shall not be responsible or held liable for your failure to obtain the necessary consents.

Credit Card Information. Please note that for any credit card information provided through the Services, we utilize a trusted third-party PCI-DSS compliant payment processor to process all of your transactions and such payment processor collects and maintains the necessary Personal Information needed to necessitate such transactions. We do not maintain any credit card information on our systems.

Aggregated and De-Identified Data. We may also collect, use and disclose aggregated and de-identified data such as statistical or demographic data for any purpose. Aggregated and de-Identified data could be derived from your Personal Information but is not considered Personal Information under applicable law as this data will not directly or indirectly reveal your identity. However, if we combine or connect aggregated or de-identified data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Policy.

Free-Text Boxes. The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information via email or free text boxes, such as contacting us to request further information. When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data, unless required for our services.

Username and Password. We may ask you to create a username and password that should only be known to you.

Online Chat Features. We may partner with a trusted third-party vendor to provide you with chat features to better assist you. When using the chat features, please only provide necessary information and do not provide sensitive information. For recordkeeping, training, and quality assurance purposes, we or our third-party vendor may record and maintain a transcript of any communications in the chat.

Information We May Collect on the Services.

You may have the opportunity to provide Personal Information on our Services, including but not limited to:

Category	Examples	Collected	Disclosed
Identifiers.	A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name.	YES	YES – Affiliates, Service Providers and/or Auction Partners.
Protected classification characteristics.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES	YES – Affiliates, Service Providers and/or Auction Partners.
Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	YES – Affiliates, Service Providers and/or Auction Partners.
Sensitive Personal Information	Precise geolocation, Social Security number, driver’s license, state identification card, passport number, account log-in, financial account, debit card, credit card number with security, or access code or password, racial or ethnic origin, religious/philosophical beliefs, or union membership, genetic data and processing of biometric information, health and sexual orientation.	YES	YES – Affiliates and/or Service Providers.
Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO	NO
Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES	YES – Affiliates and/or Service Providers.
Geolocation data.	Physical location or movements.	NO	NO
Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO	NO
Professional or employment-related information.	Current or past job history or performance evaluations.	YES	YES – Affiliates and/or Service Providers.
Non-public education information.	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO	NO
Inferences drawn from other Personal Information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES	YES – Affiliates and/or Service Providers.

 

We may obtain the Personal Information from the following categories of sources:

• Information You Provide Directly. For example, when you:
  • Visit or use our Services;
  • Submit an inquiry or contact form through the Services;
  • Conduct transactions;
  • Apply for a floor plan line of credit through our online application;
  • Use our Dealer Portal to manage your account or submit unit funding requests;
  • Use our mobile Dealer App;
  • Make ACH payments through the Services;
  • Provide feedback (including via surveys we provide) or a complaint; or
  • Communicate with us by email, phone, or other channels.
• Information Collected Automatically. When you visit or use our Services, we automatically collect certain technical information, including:
  • IP address;
  • Browser type, version, and operating system;
  • Pages visited, time spent, and referring URLs;
  • Device identifiers (for our mobile app);
  • Cookie and similar tracking data (see Cookies & Tracking).
• Information from Third Parties. In connection with our underwriting and credit processes, we may receive information about you from third party sources, including:
  • Consumer reporting agencies (credit bureaus);
  • Background check providers;
  • Fraud prevention and identity verification services; and
  • Auction partners and dealer data providers.

For more information on automatic information collection, please review the “Cookies and Similar Tracking Technologies” section below.

Dealer App Data. Our Dealer App may also access metadata and other information associated with files stored on your device, depending on the permissions you grant. This may include photographs, audio and video clips, personal contacts, and address book information, where required for app functionality.

If you do not want the Dealer App to access this information, you can manage permissions through your device settings or uninstall the Dealer App. Revoking certain permissions may limit app functionality.

4. HOW WE USE YOUR INFORMATION

We use the information we collect to provide you with information and the services you request in addition to various other purposes, including, but not limited to the following:

1. • Processing your application – evaluating your floor plan application, conducting credit and background checks, and structuring your line of credit.
   • Servicing your account – managing your floor plan, processing unit funding requests, handling payments, or providing you with effective customer service.
   • Communicating with you – responding to inquiries, sending account notices, and connecting you with your local Company representative
   • Improving our Services – analyzing usage patterns, troubleshooting, improving functionality and usability of the Services, enhancing our Services and related tools, and developing new products and services.
   • Marketing and outreach – sending you relevant information about our products and services, contacting you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us), and inviting you to participate in surveys and providing feedback to us (in accordance with any privacy preferences you have expressed to us).
   • Risk management and fraud prevention – monitoring for suspicious activity and protecting the integrity of our Services.
   • Deidentifying Information – de-identifying information we collect about you and using it for any purpose in accordance with applicable law.
   • Legal compliance – meeting our obligations under applicable federal and state laws, including the Fair Credit Reporting Act (FCRA) and applicable state finance regulations.
   • Other uses communicated to you – using information for any other purpose identified at the point of data collection, in an applicable privacy notice, in a click-through agreement or in any other agreement between you and us.

5. HOW WE DISCLOSE YOUR INFORMATION

We do not sell your Personal Information to third parties. We may disclose your information to a third party for a business purpose, including the following categories of third parties:

• • Our Affiliates. We may disclose the information collected through the Services with our affiliates, subsidiaries, and other related entities in order to provide our products, services and effective customer support.
  • Service Providers. We disclose information with vendors and service providers who help us operate our business, including credit bureaus, background check providers, payment processors, technology providers, and HubSpot (our CRM and marketing platform). These providers are contractually required to protect your data and use it only for the services they perform for us.
  • Auction Partners. To facilitate unit funding, we may share relevant dealer and transaction information with auction partners in our network.
  • Legal Requirements. We may disclose your information when required by law, court order, or government authority, or when we believe disclosure is necessary to protect our rights, enforce our agreements or policies, prevent fraud, or ensure the safety of our users, employees or others.
  • Business Transfers. If Floorplan Xpress is involved in a merger, acquisition, or sale of assets, it may be necessary to disclose or receive Personal Information with prospective or actual purchasers, acquisition targets, partners or affiliates. In such circumstances, the Company will ensure your information is used in accordance with this Policy.
  • In Aggregate or De-Identified Form. We may aggregate or otherwise anonymize the data we collect for purposes of analytics, research, marketing and other business interests of Floorplan Xpress. Such use shall not include Personal Information or information that can identify you as an individual or reasonably be used to identify you.
    

6. ARTIFICIAL INTELLIGENCE (AI) IN DATA COLLECTION AND PROCESSING

Floorplan Xpress uses AI-assisted tools in certain aspects of our business operations. This section explains how AI is integrated into our data management practices and how it interacts with Personal Information.

How We Use AI.

• • Rate and line structuring – our AI models analyze dealer performance data (turn velocity, utilization, payment history) to help personalize floor plan structures. Final credit decisions are subject to human review.
  • Risk and fraud detection – AI helps identify patterns that may indicate fraudulent activity or elevated risk.
  • Market analysis – AI-driven tools power the Radius Report data we provide to dealers, including regional pricing and aging inventory analysis.
  • Operational efficiency – AI assists with internal data processing, customer support routing, and compliance monitoring.

AI and Personal Information. AI may process Personal Information such as names, email addresses, IP addresses, and browsing behaviors. However, AI systems do not autonomously collect new personal data beyond what users voluntarily provide or what is captured through permitted tracking technologies.

Safeguards.

• AI systems do not make final credit decisions autonomously — human review is required for significant credit actions.

• AI-processed data is used only within the scope of this Privacy Policy.

• We do not sell AI-processed Personal Information to third parties.

Your Rights Regarding AI Processing. You may request access to data used in AI-assisted decisions that affect you, and you may request correction or deletion of that data consistent with applicable law. Contact us at risk@floorplanxpress.com or (855) 228-7564 to exercise these rights.

7. COOKIES AND SIMILAR TRACKING TECHNOLOGIES

In addition to the information that you provide to us, we may also collect information about you during your use of the Services. We collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), device identifier, browser type and language, operating system, date and time stamp, session ID, internet service provider, data regarding network-connected hardware, the pages you have viewed, and the actions you have taken while using the Services.

We may use this automatically collected information to: (i) conduct analyses about our Services; (ii) associate the different devices you use; (iii) remember your browser or device; remember your preferences and interactions; (v) deliver relevant advertisements or other content; (vi) market our Services to you; (vii) collect information about our Services; and (viii) log activity on our Services. We may use these technologies for providing our Services, security, authentication, analytics, product or service improvement, advertising, fraud detection, and for other similar purposes.

Some of the tools we use to automatically collect information about you may include:

• Cookies. A “cookie” is a small data file transmitted from a website to your device’s hard drive. Cookies are usually defined in one of two ways, and we may use either (or both) of them: (1) session cookies, which do not stay on your device after you close your browser, and (2) persistent cookies, which remain on your device until you delete them or they expire.

• Analytics Services. Our Services may use Adobe, Bing, Facebook Connect, Google Analytics, Google Audiences, Meta, LinkedIn, Pinterest, Snapchat, TikTok, Twitter, and others for audience measurement and analytics purposes. These analytics services may use cookies or similar technologies to collect information to help us analyze users and how they use our Services. The information collected by these technologies is used to assess how often you visit our Services, what pages you view when you visit our Services, and what other websites you visited before accessing our Services. Information generated by these services may be transmitted to and stored by these providers and they may use this information for purposes such as evaluating your use of our Services, compiling statistics reports on user activity, and providing other assistance relating to activity on the Services and other internet usage. You may review Google’s data privacy practices for Google Analytics and data privacy practices for Google Tag Manager. To opt out of being tracked by Google Analytics, you may download and install the Google Analytics Opt-out Browser Add-on.
• Advertising Services. We may use service providers and partners to serve advertisements on our behalf. These service providers may include Adobe, Google Ads (formerly Google Adwords), Microsoft Advertising (formerly Bing Ads), Facebook, LinkedIn, Pinterest, Snapchat, Tapad, Twitter, and others. These entities may use cookies or similar technologies to identify your device when you use the Services and interact with our electronic communications and ads, as well as when you visit other online services. Data collected and maintained by such third-party ad providers will be subject to the privacy policies and legal terms of those providers. You may learn more about online interest-based advertising by visiting this Federal Trade Commission website.
• Web Beacons. A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior. If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails. We may also use them to track if you click on the links and at what time and date you do so. Some of the third-party marketers we engage with may use Web Beacons to track your interaction with online advertising banners on our Services. This information is only collected in aggregate form and will not be linked to your Personal Information. Please note that any image file on a webpage can act as a Web Beacon.
• Embedded Web Links. Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link. The tracking is accomplished through a redirection system. The redirection system allows us to understand how the link is being used by email recipients. Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you. This data is used to improve our service to you and to help us understand the performance of our marketing campaigns. Our Services may also contain links or embedded content from third parties (such as HubSpot) that have their own cookie and tracking practices.

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s or device’s settings. Please refer to the help section of your browser or mobile device for additional information. Your browser or mobile device may also offer add-ons, plugins, or extensions to manage cookies, local storage objects, scripts, or similar technologies mentioned in this Policy. Apple and Android mobile devices each generate an advertising identifier that can be accessed by apps and used by advertisers in much the same way that cookies are used on websites. Each operating system provides options to limit tracking and/or reset the advertising ID. However, by disabling certain cookies on your browser or device, you may be prohibited from full use of certain Service features or affect Website functionality.

You may opt out of receiving interest-based advertisements from other companies that perform interest-based advertising services who are members of the Digital Advertising Alliance (DAA) by visiting the DAA website or YourAdChoices. If you are located in Canada, you can visit the Digital Advertising Alliance of Canada. If you are located in Europe, please visit the European Digital Advertising Alliance. Please note that when using the ad industry opt-out tools described above, you may need to execute opt-outs for each browser or device that you use. Opting out of interest-based advertising does not mean you will no longer see advertising online, but it does mean that the companies from which you opt out will no longer show ads that have been tailored to your interests. If you use industry opt-out tools, your opt out will only apply to companies who are participating in those industry organization tools.

8. COMMUNICATION PREFERENCES

We want to provide you with relevant information that you have requested. When possible, we will always provide options as to what information we collect and how you can manage any preferences that pertains to such information.

If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed. Transactional or service-oriented messages, such as delivery confirmation messages, are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing.

From time to time, we may send you email newsletters and marketing emails. You may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided. Even if you opt-out of receiving marketing material, we may still need to contact you with important information about your account or responding to your requests or questions.

9. TEXT MESSAGING

You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from us, our affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to us, you knowingly consent to such communications from Floorplan Xpress or for us to use your cell phone number or mobile device number. In providing your number, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to us, or from which you sent the text message request to us. You further acknowledge that: (a) no purchase is required to opt into this service; (b) you may opt out at any time by following the instructions provided in our communications to you; and (c) your receipt of text messages may result in separate charges from your mobile provider.

Any such communications you receive from us will be administered in accordance with your preferences and this Policy.

10. FEEDBACK

We welcome inquiries or feedback on the services or products you might use or like to use. Any inquiries, feedback, suggestions, or ideas you provide to us (collectively, “Feedback”) will be treated as non-proprietary and non-confidential. Your Feedback on or through the Services may be available to others who visit the Services. In addition, we may use your Feedback in advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the Feedback for such purposes. Therefore, you should have no expectation of privacy with respect to your Feedback on or through the Services. You should not submit any content you do not wish to make available to the general public, and you must take special care to make sure your Feedback comply with our Terms of Use or other applicable agreements. All terms and conditions of our Terms of Use apply to Feedback on or through the Services. In particular, your Feedback must not violate the privacy or other rights of others. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Feedback.

11. THIRD-PARTY WEBSITES

This Policy does not apply to websites or other domains that are maintained or operated by third parties. Our Services may link to third-party websites and services. For example, if you click on an advertisement on the Services, you may be taken to another website that we do not control. These links are not endorsements of these websites, and this Policy does not extend to them. Because this Policy is not enforced on these third-party websites, we encourage you to read any posted privacy policy of the third-party website before using the service or website and providing any information.

12. YOUR RIGHTS 

Fair Credit Reporting Act (FCRA) Rights.

Because we use consumer reports in our credit application process, you have specific rights under the Fair Credit Reporting Act (FCRA), including the right to know if information in your credit file was used to take an adverse action. If your application is declined based on a credit report, we will provide the required adverse action notice.

California.

• Shine the Light law. Pursuant to California Civil Code Section 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.

• Do Not Track Signals. Other than as disclosed in this Policy, the Website does not operate any differently when it receives Do Not Track signals from your internet web browser. You may visit the Future of Privacy Forum’s website for additional information about Do Not Track signals.

Nevada.

Nevada law permits customers in Nevada to opt-out of the sale of certain kinds of Personal Information. We do not sell your Personal Information to third parties as defined in Nevada law. If you are a Nevada resident and have any questions, you can contact us at risk@floorplanxpress.com.

Your Consumer Privacy Rights.

Some U.S. state laws provide consumers with additional rights with respect to their Personal Information (also known as “personal data”), as those terms are defined under those applicable state laws. Such state laws may include, but are not limited to, the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Delaware Personal Data Privacy Act, the Indiana Consumer Data Protection Act, the Iowa Consumer Data Protection Act, the Kentucky Consumer Data Protection Act, the Maryland Online Data Privacy Act, the Minnesota Consumer Data Privacy Act, the Montana Consumer Data Privacy Act, the Nebraska Data Privacy Act, the New Hampshire Data Privacy Act, the New Jersey Data Privacy Act, the Oregon Consumer Privacy Act, the Rhode Island Data Transparency and Privacy Protection Act, the Tennessee Information Protection Act, the Texas Data Privacy and Security Act, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act (collectively, the “U.S. State Privacy Laws").

You may have rights under applicable U.S. State Privacy Laws. However, Floorplan Xpress does not currently meet the regulatory thresholds of a “business” or “controller” as defined under U.S. State Privacy Laws. Regardless, all Personal Information will be processed in accordance with this Policy and applicable laws.

13. SAFEGUARDING THE INFORMATION WE COLLECT

We implement reasonable and appropriate technical, administrative, and physical safeguards to protect your Personal Information from unauthorized access, disclosure, alteration, or destruction. These include encrypted transmission (HTTPS/TLS), access controls, and secure data storage practices.

However, no method of electronic transmission or storage is 100% secure. While we work to protect your information, we cannot guarantee absolute security. You are responsible for keeping your account credentials confidential and for notifying us immediately if you suspect unauthorized access to your account.

Suspect a security issue? Contact us immediately at risk@floorplanxpress.com or call (405) 972-6948.

 14. RETENTION

We retain your Personal Information for as long as necessary to fulfill the purposes described in this Policy, including but not limited to:

• For active floor plan accounts — for the duration of the relationship and as required by applicable law and our records retention policies;

• For credit applications — as required by FCRA and applicable lending regulations;

• For marketing inquiries — until you opt out, subject to legal retention requirements;

• For legal compliance — as long as required by applicable federal and state law.

When retention periods expire, we securely delete or anonymize Personal Information consistent with our data disposal practices.

 15. INFORMATION OF MINOR

Our Services are intended for business use by licensed auto dealers and are not directed to individuals under the age of eighteen (18). We do not target the Services to minors or knowingly collect Personal Information of minors. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we learn that we have inadvertently collected information from a minor, we will take steps to securely remove it from our systems.

If you believe we may have collected information from a minor, please contact us using any method listed in the “Contact Us” section of this Policy.

 16. GEOGRAPHIC SCORE

Floorplan Xpress is based in Moore, Oklahoma and provides the Services exclusively within the United States. Our Services are intended for use by persons located in the United States. We do not knowingly provide services to or collect data from individuals outside the U.S.

If you access our Services from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.

 17. POLICY UPDATES

This Policy describes our current policies and practices with regard to the information we collect through the Services. We are continually improving and adding to the features and functionality of the Services along with the products we offer through the Services. We may update this Privacy Policy from time to time to reflect changes in our practices, technology, Services, legal requirements, or other factors. When we make material changes, we will:

• Update the "Last Revised" date at the top of this page; or

• Where required or appropriate, notify you by email.

Your continued use of our Services after changes are posted constitutes your acceptance of the revised Policy. We encourage you to review this page periodically.

 18. CONTACT

If you have questions about this Privacy Policy or have a concern about how we handle your data, please contact us using the details below:

Floorplan Xpress, LLC

2900 S Telephone Road, Suite 220 Moore, OK 73160

(405) 972-6948

risk@floorplanxpress.com

floorplanxpress.com/contact/

Business hours: Monday–Thursday 8:30 AM–5:00 PM (all time zones) · Friday 8:30 AM–3:00 PM (all time zones)