Privacy policy

Who this policy covers

This policy describes the privacy practices of Cherokee Funding II, LLC, doing business as Cherokee Funding ("Cherokee", "we", "us"), for cherokeefunding.com. It also explains how information is processed by our servicer, Gain Servicing ("Gain"), an affiliated company that provides our application form and handles follow-up, and by vendors that help us operate the website, review funding requests, and run and measure our advertising. A different or additional privacy notice may apply if a written agreement identifies another contracting entity, or if federal financial privacy law applies to a transaction (see "If you obtain funding").

Information we collect

Information you, your attorney or another authorized person gives us, including:

• identifiers and contact information, such as name, mobile number, email address and state;
• legal claim information, such as case type, whether you have an attorney and any current funding;
• professional information from attorney submitters, such as attorney name, firm name and firm phone number;
• your contact preferences and consent choices, including the wording of any consent you give, when you gave it, the page you were on and your IP address at that moment; and
• communications and records created when you contact us or ask us to review an application.

Information collected automatically when you use the website:

• device and browser information, IP address, approximate location based on the IP address, pages viewed, links clicked, the website that referred you, and the dates and times of visits;
• advertising information, such as campaign details in the page address (for example utm_source or utm_campaign) and the click identifiers that advertising platforms add when you click an ad (for example Google's gclid, gbraid or wbraid, and Meta's fbclid). If you apply, we keep these with your application so we know which ad or campaign brought you to us; and
• information collected by cookies, pixels, tags and similar technologies, described below.

Information from others, such as your attorney or law firm when they confirm representation or your claim, and our analytics and advertising partners, such as reports on how our ads and website perform.

Please do not use the initial website form to send medical records, Social Security numbers, bank information or other sensitive documents. If more information is needed, our team will provide an appropriate way to send it.

How we use information

We use personal information to:

• receive and review funding requests, contact applicants and attorneys, and confirm representation and claim information;
• prepare, fund and service a transaction;
• send the communications you requested or agreed to, including calls and text messages if you opted in;
• understand how people use our website and application, and improve them;
• measure and improve our advertising, including counting how many people who click an ad go on to apply or qualify, and showing our ads to people who may be interested in them;
• prevent fraud and abuse and secure the website; and
• comply with law, maintain business records, and establish or defend legal rights.

How we disclose information

We may disclose personal information to:

• Gain and affiliated companies involved in reviewing, funding or servicing a request;
• the applicant's attorney or law firm, to confirm the legal claim and administer a transaction;
• service providers that host the website and application, run our customer relationship management system (HubSpot), deliver email, calls and text messages, provide analytics, security and fraud prevention, and give professional advice;
• advertising and social media platforms, as described in "Cookies, pixels and similar technologies" and "Advertising and your choices";
• regulators, courts, law enforcement or other parties when disclosure is required or reasonably necessary to comply with law or protect rights and safety; and
• a buyer, successor or other party involved in a proposed or completed merger, financing, reorganization or transfer of business assets.

We do not sell the information you enter in our application form, and we do not give advertising platforms your name, email address or phone number. If you apply after clicking one of our ads, we may tell that platform that the click led to an application or a qualified application. We do this with the platform's click identifier (such as Google's gclid), not with your name, email address or phone number.

Cookies, pixels and similar technologies

We and our partners use cookies, pixels (small pieces of code), tags and similar technologies on this website to make it work, understand how visitors use it, and measure and improve our advertising. We manage these tools with Google Tag Manager. The table at the end of this policy lists the tools we use; we update it when we add or remove one. They include:

• Google Analytics, which helps us understand how visitors use the website. Learn how Google uses information from sites that use its services at policies.google.com/technologies/partner-sites. You can opt out of Google Analytics with Google's browser add-on at tools.google.com/dlpage/gaoptout.
• HubSpot tracking code, which records visits and, if you apply, connects them to your application so our team can see how you found us. Our affiliate Gain uses the same HubSpot account on its own website, so HubSpot may recognize the same browser on both sites.
• Advertising pixels from Meta (Facebook and Instagram) and, when listed in the table, other social media and advertising platforms. They tell the platform when someone visits our website or completes the application, so we can measure and improve our ads and show them to people likely to be interested.
• Google Ads click identifiers. We measure Google ads with the click identifier described above. We do not place a Google Ads tag on this website.

These technologies collect information such as cookie and device identifiers, IP address, browser type, the pages you visit and whether an application was completed. They do not receive what you type into the application form. Third parties, including Meta and Google, may use cookies, web beacons and other storage technologies to collect or receive information from this website and elsewhere on the internet, and use that information to provide measurement services and target ads, under their own privacy policies. See "Advertising and your choices" to opt out.

Advertising and your choices

Some state privacy laws treat letting advertising platforms collect information through pixels on our website as a "sale" or "sharing" of personal information, or as "targeted advertising". In that sense, we sell or share online identifiers (such as cookie and device identifiers and IP address) and internet activity (such as pages viewed and interactions with our ads and website) with advertising and social media platforms such as Meta and Google, to measure and improve our advertising. We do not sell or share the information you enter in our application form, and we do not knowingly sell or share the personal information of anyone under 16.

You can opt out at any time:

• Global Privacy Control. If your browser or a browser extension sends a Global Privacy Control (GPC) signal, we treat it as a request to opt out of sale, sharing and targeted advertising for that browser, and we do not load advertising pixels.
• Your Privacy Choices. Use the opt-out on our Your Privacy Choices page. It applies to the browser you use.
• By phone or mail. Call (877) 263-4633 or write to us (see "Contact us about privacy") to opt out for information we can link to you, such as your application.
• Platform and industry tools. Google My Ad Center, Meta ad preferences, the Digital Advertising Alliance and the Network Advertising Initiative.
• Your browser. You can block or delete cookies in your browser settings. Some parts of the website may not work as intended.

Opting out in a browser applies to that browser and device. If you use several, opt out on each, and again if you clear your cookies. Opting out stops advertising pixels; we still use analytics that help us run our own website and application.

Do Not Track. Because there is no common standard for "Do Not Track" browser signals, we do not respond to them. We do honor Global Privacy Control as described above.

Calls and text messages

Submitting a mobile number authorizes contact about your request. If you select the optional consent in the application, Cherokee Funding II, LLC and its servicer, Gain, may call and text you at the number you provided, including with automated technology and artificial or prerecorded voice, about your funding request and to follow up if you do not finish it. Consent is not a condition of receiving funding. Message frequency varies. Message and data rates may apply. Reply STOP to opt out and HELP for help, or call (877) 263-4633. Our SMS Terms have the details.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information may be shared with subcontractors that support our services, such as message delivery and customer service. All other categories of disclosure in this policy exclude text-messaging originator opt-in data and consent; this information will not be shared with any third parties.

Your privacy rights

Depending on where you live, you may have the right to:

• know or access the personal information we have about you, and receive a copy in a portable format;
• correct inaccurate personal information;
• delete personal information;
• opt out of the sale or sharing of personal information and of targeted advertising (see "Advertising and your choices"); and
• not be treated differently for exercising these rights.

To make a request, call (877) 263-4633 or write to us at the address in "Contact us about privacy". We will confirm that we received your request within 10 business days and respond within 45 days. If we need more time, we will tell you, and we may take up to 45 more days where the law allows. To protect you, we verify requests by matching information you give us with what we hold, such as the name, mobile number and email address used for the application. You may use an authorized agent; we may ask for your signed permission and ask you to confirm your identity directly with us. If we decline your request, we will explain why, and you may appeal by replying to our decision or calling us. If you are not satisfied with the result of your appeal, you may contact your state attorney general.

Some information may be exempt from these rights, for example information covered by federal financial privacy law, or information we must keep to complete a transaction, comply with law, detect fraud or establish legal rights. Opting out of texts does not stop non-automated contact that is needed to respond to a request or service an existing transaction. You may revoke other communication consent by clearly telling us through the same channel or by calling us.

California residents

This section adds to the rest of this policy for California residents. In the last 12 months we collected the categories below. We keep each one for the periods described in "Security and retention".

We use and disclose these categories for the purposes in "How we use information" and "How we disclose information". We sell or share only as described in "Advertising and your choices", to measure and improve our advertising, and you have the right to opt out using any method in that section. We do not use or disclose sensitive personal information for purposes that would give you a right to limit its use under California law. We do not offer financial incentives for personal information. We do not disclose personal information to third parties for their own direct marketing purposes. Some information collected in connection with a financial product or service may be governed by federal financial privacy law and exempt from portions of California law.

If you obtain funding

If you enter into a funding agreement, information we collect to provide that financial product or service may also be governed by federal financial privacy law and by any privacy notice we give you with your agreement. If that notice applies to information and differs from this policy, that notice controls for that information.

Security and retention

We use administrative, technical and physical safeguards designed to protect personal information. No website or transmission method can be guaranteed completely secure.

We keep personal information only as long as reasonably necessary for the purposes in this policy:

• application, claim and contact information: while we review your request and, if you obtain funding, for the life of the agreement and its servicing; then as long as needed to meet legal, regulatory and record-keeping duties, resolve disputes, prevent fraud and establish or defend legal rights;
• consent records, including text-message consent: for as long as we may contact you, and as long as needed to show consent under telephone and text-messaging laws;
• website, analytics and advertising data: for the period set in each tool (Google Analytics keeps event-level data for no more than 14 months), and in HubSpot for as long as the related contact record is kept. Advertising platforms keep data under their own policies; and
• records of privacy requests: at least 24 months.

Children's privacy

This website is intended for adults and is not directed to children under 13. We do not knowingly collect personal information from children under 13 through this website, and we do not knowingly sell or share the personal information of anyone under 16.

External links and social media

The website may link to third-party sites, including our social media pages. Their privacy practices are governed by their own notices, not this policy.

Changes to this policy

We may update this policy as our practices or legal obligations change. The effective date at the top shows when this version took effect. Material changes will be presented as required by law.

Contact us about privacy

Call (877) 263-4633, use our Your Privacy Choices page, or write to:

To help us verify a privacy request, include the name and contact information used for the application and describe the request. Do not include sensitive documents in the initial request.

Tools we use on this website