PRIVACY POLICY
Effective Date: May 17, 2021
Last Updated: August 5, 2026
Encina Capital Partners and its lending affiliates, including Encina Lender Finance and Encina Commercial Finance (collectively, “Encina,” “we,” “us” or “our”), respect your privacy. This Online Privacy Policy explains how we collect, use, disclose and protect personal information in connection with our websites.
This Policy applies to the following websites:
| Encina Capital Partners | https://encinacapital.com/ |
| Encina Private Credit: | https://privatecredit.encinacapital.com/ |
| Encina Lender Finance: | https://lenderfinance.encinacapital.com/ |
| Encina Commercial Finance | https://encinacommercialfinance.com/ |
Websites are informational. They do not permit visitors to create accounts, apply for financing, or enter personal information into contact forms or other website fields.
This Policy applies to information collected automatically when you visit our websites. It also describes how we handle personal information if you separately contact us using an email address, telephone number or other contact information displayed on a website.
This Policy does not apply to personal information collected in an employment context or through commercial loan applications, underwriting, customer due diligence, credit screening, transaction documentation, loan administration or servicing. Those activities may be governed by separate notices, agreements or policies.
This Policy also does not apply to websites, applications or services operated by third parties that Encina does not control.
1. Personal Information We Collect
“Personal information” means information that identifies, relates to, describes or could reasonably be linked with an identified or identifiable individual.
Information Collected Automatically
When you visit one of our websites, we or our service providers may automatically collect certain technical information, which may include:
- Internet Protocol address;
- Browser type and version;
- Device type and operating system;
- Referring website or source;
- Pages viewed and links selected;
- Dates, times and duration of visits;
- General geographic location derived from an IP address;
- Website performance and diagnostic information;
- Security and fraud-prevention information; and
- Cookie or similar technology identifiers.
The information actually collected may vary depending on the website, its configuration and the technologies used.
Information You Provide Separately
Our websites do not currently contain contact forms, account-registration functions, online loan applications or other fields through which visitors may submit personal information.
A website may display an email address, telephone number or other contact information that you may use to contact Encina outside the website. If you contact us by email, telephone or another communication method, we may collect:
- Your name;
- Business contact information;
- Employer and job title;
- The contents of your communication; and
- Other information you choose to provide.
Information provided through communications outside the websites may be subject to additional notices, agreements or policies, depending on the nature of your relationship with Encina.
2. How We Use Personal Information
We may use information collected automatically through our websites to:
- Operate, maintain and secure our websites;
- Diagnose technical problems;
- Understand general website usage;
- Improve website content, performance and functionality;
- Detect, investigate and prevent security incidents, fraud and misuse;
- Maintain appropriate business and compliance records;
- Protect our rights, property, operations and website visitors; and
- Comply with applicable laws, legal process and governmental requests.
If you separately contact us using an email address, telephone number or other contact information displayed on a website, we may use the information you provide to:
- Respond to your communication;
- Evaluate a potential business relationship;
- Communicate about our businesses, products or services;
- Maintain appropriate business and compliance records;
- Protect our rights, property, operations and personnel;
- Comply with applicable legal or regulatory requirements; and
- Carry out another purpose disclosed at the time of collection or authorized by you.
We may aggregate or de-identify information so that it cannot reasonably be associated with a particular individual. We may use and disclose properly aggregated or de-identified information for legitimate business purposes.
3. How We Disclose Personal Information
We may disclose personal information:
- Among Encina Capital Partners and its affiliates for legitimate business, administrative, compliance and security purposes;
- To vendors and service providers that support our website hosting, information technology, analytics, communications, security and other business functions;
- To attorneys, accountants, auditors, consultants and other professional advisers;
- To government authorities, regulators, courts or other parties when required or permitted by law;
- When reasonably necessary to protect the rights, property, security or safety of Encina, our personnel, website visitors or others;
- In connection with an actual or proposed merger, acquisition, financing, reorganization, sale of assets or other corporate transaction;
- For a purpose disclosed when the information is collected; or
- With the individual’s authorization.
Our service providers are expected to use personal information only as necessary to provide services to us or as otherwise permitted by contract and applicable law.
We do not sell personal information for monetary consideration.
4. Cookies and Similar Technologies
Our websites may use cookies and similar technologies supplied by us or by third-party service providers.
Some cookies may be necessary for website operation, functionality and security. Other technologies may help us measure website traffic, understand general usage and improve website performance.
You may be able to control cookies through your browser settings or through a cookie-management tool made available on the relevant website. Disabling cookies may affect certain website features.
Third-party services incorporated into or linked from our websites may collect information in accordance with their own privacy policies. The presence of a link or third-party feature does not mean that Encina controls the third party’s privacy practices.
5. Retention
We retain personal information for as long as reasonably necessary for the purposes described in this Policy, including to:
- Operate and secure our websites;
- Respond to communications;
- Maintain business and compliance records;
- Resolve disputes;
- Enforce agreements;
- Protect our systems and operations; and
- Satisfy legal, regulatory and contractual obligations.
Retention periods may vary depending on the nature and sensitivity of the information, the purpose for which it was collected, applicable limitation periods, and legal or regulatory requirements.
We may retain aggregated or de-identified information for longer periods where permitted by law.
6. Information Security
We maintain administrative, technical and physical safeguards designed to protect personal information against unauthorized access, use, disclosure, alteration or destruction. Access to personal information is limited based on job responsibilities and legitimate business need.
No method of electronic transmission or storage is completely secure. Accordingly, we cannot guarantee the absolute security of personal information.
7. Children’s Privacy
Our websites are intended for a business audience and are not directed to children under 13. Because our websites do not contain fields through which visitors may submit information, we do not knowingly collect personal information online from children under 13.
If we learn that we have collected personal information online from a child under 13, we will take reasonable steps to delete it unless retention is required or permitted by law. A parent or guardian who believes that a child has provided personal information to Encina may contact us using the information below.
8. Marketing Communications
If you receive marketing communications from Encina, you may opt out by following the unsubscribe instructions included in the communication or by contacting us at info@encinacapital.com.
Even if you opt out of marketing communications, we may continue to send communications concerning an existing business relationship, a transaction, security matters, legal notices or other non-marketing matters.
9. State Privacy Rights
Depending on your state of residence and subject to applicable thresholds, exemptions and exceptions, you may have rights concerning your personal information. These may include rights to request:
- Access to certain personal information;
- Correction of inaccurate personal information;
- Deletion of certain personal information; and
- Information about certain disclosures or processing activities.
Encina will respond to qualifying requests as required by applicable law. We may need to verify your identity and authority before processing a request. Applicable law may permit or require us to deny or limit a request, including when information must be retained for legal, compliance, security or legitimate business purposes.
To submit a privacy request, contact us using the information in Section 14. Please state that your communication is a “Privacy Request” and identify your state of residence and the Encina entity with which you interacted.
Encina will not unlawfully discriminate against an individual for exercising an applicable privacy right.
10. Visitors Outside the United States
Encina is based in the United States. Our websites and commercial lending services are directed principally to a United States business audience.
Encina’s websites are not intended to offer goods or services to individuals in the European Economic Area, United Kingdom or Switzerland. The fact that a website is accessible from a location outside the United States does not mean that Encina directs its products or services to individuals in that location.
If you access one of our websites from outside the United States, technical information collected automatically through the website may be processed and stored in the United States or another country where Encina or its service providers operate. If you separately contact Encina from outside the United States, the information you provide may also be processed and stored in those locations.
Privacy and data-protection laws in the United States and other processing locations may differ from those where you are located. Where applicable law requires a particular mechanism or safeguard for an international transfer of personal information, Encina will use an appropriate mechanism or safeguard.
11. Links to Other Websites
Our websites may contain links to websites or services operated by affiliates or third parties. This Policy does not govern a third party’s collection or use of personal information.
We encourage you to review the privacy policy of each third-party website or service you visit. Encina is not responsible for the privacy or security practices of third parties that it does not control.
12. Changes to This Policy
We may update this Policy periodically to reflect changes in our practices, technologies, legal requirements or business operations.
When we make changes, we will post the revised Policy and update the “Last Updated” date. If required by applicable law, we will provide additional notice or obtain consent before applying a material change to personal information previously collected.
13. Scope of Commercial Lending Activities
Encina’s lending affiliates provide commercial financial products and services. We do not offer consumer loans or other financial products intended primarily for personal, family or household purposes.
In connection with commercial lending activities, an Encina entity may separately collect personal information concerning business owners, control persons, guarantors, employees, representatives and other transaction participants. Such information may be collected for purposes that include:
- Commercial credit analysis and underwriting;
- Identity verification;
- Ownership and control verification;
- Sanctions and compliance screening;
- Fraud prevention;
- Transaction administration;
- Loan servicing; and
- Legal and regulatory compliance.
This information is not collected through fields on Encina’s websites. This Online Privacy Policy does not replace any separate notice, authorization, agreement or disclosure applicable to commercial lending activities.
14. Contact Us
Questions about this Policy or requests concerning personal information may be submitted to:
Email: info@encinacapital.com
Please include “Privacy Request” in the subject line or correspondence and identify the Encina entity and website relevant to your question.
Mailing Addresses:
Encina Lender Finance Intermediate SPV, LLC, and
Encina Lender Finance P3, SPV, LLC
3280 Peachtree Rd NE, 7th Floor
Atlanta, Georgia 30305
Encina Commercial Finance SPV 2, LLC
Encina Commercial Finance SPV 3b, LLC
Encina Commercial Finance Intermediate Holdco, LLC
383 Main Avenue, Suite 701
Norwalk, CT 06851
Encina Capital Partners
40 Burton Hills Blvd – Suite 200
Nashville, Tennessee 37215