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Privacy Policy

Introduction

Floorplan Xpress, LLC, an Oklahoma limited liability company (“Company” or “We,” “Us,” or “Our”), respects your privacy and is committed to protecting it through compliance with this Privacy Policy (“Policy”). This Policy describes the types of personal information 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 applies to information We collect: 

  • On this Website. 
  • In email, text, and other electronic messages between you and this Website. 
  • When you enter personal information to initiate the credit application process on this Website to enter into a Floor Plan Agreement. 
  • To submit your completed credit application and obtain a credit report from Our third-party service provider. 
  • When you download and utilize the features of the Dealer App. 
  • When you log on to the Website portal for Dealers. 
  • When you log on to the Website portal We maintain in order to access Auction information. 
  • When you utilize Our Website or Dealer App to make Automatic Clearing House payments to Us in fulfillment of your Floor Plan Agreement. 
  • When We conduct a background check through Our third-party service provider for underwriting purposes. 

It does not apply to information collected by: 

  • Us offline or through any other means, including on any other website operated by the Company or any third party (including Our affiliates and subsidiaries), or 
  • Any third party (including Our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website. 

Please read this Policy carefully to understand Our policies and practices regarding your information and how We will treat it. If you do not agree with Our policies and practices, your choice is to not use Our Website. 

Consent to Obtain Your Personal Information and Acceptance of this Privacy Policy

You affirm your acceptance of and consent to this Privacy Policy by clicking “ACCEPT” on the conspicuously displayed “ACCEPT” button in direct proximity to the hyperlinked version of this Policy located on the Website. If you do not agree with Our policies and practices, do not use Our Website. 

This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after We make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. 

Children Under the Age of 13

Our website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or register on the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to Us. If We learn We have collected or received personal information from a child under 13 without verification of parental consent, We will delete that information. If you believe we might have any information from or about a child under 13, please contact Us at https://floorplanxpress.com/contact/. 

Information We Collect About You and How We Collect It

We collect several types of information from and about users of Our Website and when you apply for and utilize the Services, including information: 

  1. By which you may be personally identified, such as first and last name, business entity name, business and home address, email address, telephone number, social security number, date of birth, bank account number and bank account routing number, information about whether or not your business is a licensed Dealer, citizenship information, and whether or not you have previously declared bankruptcy, and other identifiers by which you may be contacted online or offline (“Personal Information”); 
  1. About your internet connection, external IP address data, the mobile device equipment, and operating system you use to access Our Website, and usage details. 

We collect this information: 

  • Directly from you when you provide it to Us. 
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. 
  • From third parties, for example, Our business partners, including those who conduct background checks and provide credit reporting services. 

Information You Provide To Us

The information We collect on or through Our Website may include: 

  • Information that you provide by filling in forms on Our Website. This includes information provided at the time of initiating your credit application, subscribing to Our Dealer and Auction login portals, and when you report a problem with Our Website. 
  • Records and copies of your correspondence (including email addresses) if you contact Us. 
  • Your responses to surveys that We might ask you to complete for research purposes. 

Information We Collect Through Automatic Data Collection Technologies for the Website 

As you navigate through and interact with Our Website, We may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: 

  • Details of your visits to Our Website. 

The information We collect automatically is statistical data and does not include Personal Information. However, We may maintain or associate it with Personal Information We collect in other ways or receive from third parties. It helps Us to improve Our Website and to deliver a better and more personalized service, including by enabling Us to: 

  • Estimate Our audience size and usage patterns. 
  • Store information about your preferences, allowing Us to customize Our Website according to your individual interests. 
  • Speed up your searches. 
  • Recognize you when you return to Our Website. 

Technologies We Use for Automatic Data Collection May Include: 

  • Cookies (or browser cookies): A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of Our Website. Unless you have adjusted your browser setting so that it will refuse cookies, Our system will issue cookies when you direct your browser to Our Website. 

We do not collect Personal Information automatically, but We may tie this information to Personal Information about you that We collect from other sources or you provide to Us. 

 Information We Collect Through Automatic Data Collection Technologies for the Dealer App 

When you download, access, and use the Dealer App, it may use technology to automatically collect: 

  • Usage Details: When you access and use the Dealer App, We may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Dealer App. 
  • Device Information: We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number. 
  • Stored Information and Files: The App also may access metadata and other information associated with other files stored on your device, such as photographs, audio and video clips, personal contacts, and address book information. 

If you do not want Us to collect this information, do not download the App or delete it from your device. 

Artificial Intelligence (AI) in Data Collection and Processing 

We may utilize Artificial Intelligence ("AI") technologies in certain aspects of data collection, processing, and analysis to improve our services, enhance security, and ensure compliance with applicable laws. This section outlines how AI is integrated into our data management practices and how it interacts with personal information. 

AI-Assisted Data Collection and Analysis 
Our AI systems may collect and process data to: 

  • Analyze user interactions with our Website and Dealer Portal to improve functionality and user experience. 
  • Detect fraudulent activities, security threats, or other suspicious behavior. 
  • Automate responses and enhance customer support services through AI-powered chatbots or virtual assistants. 
  • Identify trends and optimize business operations based on aggregated data. 

Permitted Uses of AI-Processed Information 
Information processed using AI may be used for: 

  • Fraud Detection and Prevention: Identifying patterns consistent with fraudulent activity and alerting our risk management team. 
  • User Experience Optimization: Improving website navigation, search functions, and content personalization based on user preferences and historical data. 
  • Operational Efficiency: Automating administrative tasks such as data entry, risk assessments, and compliance monitoring. 
  • Marketing and Communications: Providing targeted advertisements and recommendations based on AI-analyzed user behaviors and preferences, subject to applicable opt-out rights. 
  • Legal and Regulatory Compliance: Ensuring adherence to federal and state privacy laws, contractual obligations, and fraud prevention requirements. 
  • Credit and Underwriting Assessments: Where permitted by law, We may use AI-assisted tools in credit application reviews or underwriting processes, but any final decisions regarding credit remain subject to human review consistent with legal requirements. 

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. 

To safeguard your privacy: 

  • AI-generated insights will only be used within the scope of this Privacy Policy and applicable laws. 
  • Any decisions that significantly impact individuals, such as account suspensions or security flags, will be subject to human review. 
  • We do not sell AI-processed personal information to third parties without explicit consent. 

User Rights and Control Over AI-Processed Data 
Users have the right to: 

  • Request access to AI-analyzed data related to their interactions with our services. 
  • Opt out of AI-driven personalized advertising and communications. 
  • Request correction or deletion of AI-processed personal information in accordance with applicable laws. 

To exercise these rights, please contact us at _______________________ 

Compliance with State and Federal Laws 
Our AI practices comply with all relevant federal and state privacy laws, including but not limited to: 

  • California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) – providing California residents with rights to access, delete, and opt-out of certain data processing activities. 
  • Virginia Consumer Data Protection Act (VCDPA) – ensuring the right to correct and obtain personal data processed through AI. 
  • Colorado Privacy Act (CPA) – requiring transparency in AI-based decision-making and providing consumers with opt-out rights. 
  • Other applicable state laws governing data privacy and consumer protection. 

By using Our Website or Services, you agree that We may collect and use your information via AI for the purposes described above or otherwise disclosed to you at the time of collection. We will handle any Personal Information obtained or processed through AI in accordance with this Privacy Policy and applicable state and federal laws. If you have questions about Our AI practices, please contact Us at https://floorplanxpress.com/contact/. 

 Third-Party Use of Cookies and Other Tracking Technologies 

Our Website may contain links to third-party services and some content or applications on the Website are served by third parties, including content providers, application providers, and analytics companies. These third parties may use cookies or other tracking technologies to collect information about you when you use Our Website.While we endeavor to work with third parties that share our respect for user privacy, we are not responsible for the websites or privacy practices of such third-parties. In addition, this Privacy Policy is not intended to describe data handling procedures for information collected by other linked websites or business partners. You are responsible for knowing when you are leaving our Website to visit a third party website, and for reading and understanding the terms of use and privacy policy statements for each such third party. 

Changes to Our Privacy Policy 

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes. 

Contact Information 

To ask questions or comment about this privacy policy and our privacy practices, contact us at: https://floorplanxpress.com/contact/ 

Geographic Restrictions 

The owner of the Website is based in the State of Oklahoma in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnification 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. 

Governing Law and Jurisdiction 

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule (whether of the State Oklahoma or any other jurisdiction). 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oklahoma, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Waiver and Severability 

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Floorplan Xpress, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

Your Comments and Concerns 

This website is operated by Floorplan Xpress, LLC. 

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to https://floorplanxpress.com/contact/. 

 
 

Updated February 2025