Privacy Policy

Last Updated: September 14, 2026

FK Capital Fund Inc. (“FK Capital,” “we,” “us,” or “our”) respects your privacy and is committed to protecting the personal information we receive through our website, communications, loan submission process, and business operations.

This Privacy Policy explains the types of information we may collect, how we use and disclose that information, and the choices and rights that may be available to you.

Information We Collect

Depending on how you interact with FK Capital Fund Inc., we may collect the following categories of information:

Contact and identifying information, such as your name, email address, telephone number, mailing address, company name, and other contact details.
Loan and transaction information, such as requested loan amount, purchase price, property address, estimated property value, existing debt, loan purpose, proposed use of funds, exit strategy, property type, and other information relating to a proposed financing transaction.
Financial and borrower information, which may include income, assets, liabilities, liquidity, credit-related information, ownership interests, entity information, banking information, financial statements, tax information, and other information provided in connection with a loan request or application.
Property and project information, such as appraisals, valuations, construction budgets, plans, permits, photographs, title information, insurance information, leases, rent rolls, operating statements, and other property-related documentation.
Professional or business information, including information regarding your occupation, business, real estate experience, investment activities, or professional relationships.
Communications, including emails, telephone communications, website inquiries, documents, and other information you provide when communicating with us.
Website and technical information, such as IP address, browser type, device information, pages visited, referral information, cookies, and similar technical or usage information collected when you use our website.

How We Use Information

We may use personal information for legitimate business purposes, including to:

Respond to questions, inquiries, and loan submissions;
Evaluate potential lending transactions;
Process, underwrite, document, close, administer, or service loans;
Verify information and perform due diligence;
Communicate with borrowers, brokers, investors, referral partners, and other transaction participants;
Coordinate with title companies, escrow companies, loan servicers, appraisers, inspectors, attorneys, insurance providers, fund administrators, and other service providers;
Operate, maintain, secure, and improve our website and business systems;
Prevent fraud, unauthorized activity, or misuse of our systems;
Maintain business and transaction records;
Comply with legal, regulatory, licensing, reporting, and enforcement obligations; and
Protect the rights, property, and interests of FK Capital Fund Inc. and others.

We Do Not Sell Personal Information

FK Capital Fund Inc. does not sell personal information. We do not operate as a data broker and do not sell borrower, broker, investor, website visitor, or other personal information to third parties for monetary consideration.

We also do not knowingly use personal information for cross-context behavioral advertising.

When We May Disclose Information

We may disclose personal information when reasonably necessary to operate our business, evaluate or complete a transaction, provide services, or comply with applicable law.

Recipients may include:

Title and escrow companies;
Loan servicing providers;
Fund administrators and financial service providers;
Appraisers, brokers, inspectors, construction consultants, and valuation providers;
Insurance providers;
Attorneys, accountants, auditors, and other professional advisors;
Technology, website hosting, cybersecurity, analytics, communications, and document-management providers;
Government agencies, regulators, courts, law enforcement, or other parties when disclosure is required or permitted by law; and
Other parties involved in a proposed or existing financing transaction when reasonably necessary to evaluate, document, close, administer, enforce, or service the transaction.

Service providers may receive information only as reasonably necessary to perform services for us or in connection with a transaction.

Cookies and Website Analytics

Our website may use cookies and similar technologies to operate the website, understand website usage, improve functionality, maintain security, and evaluate website performance.

Some cookies may be placed by third-party service providers that provide website functionality, analytics, security, or similar services. You may be able to manage cookies through your browser settings or through any cookie preference tools made available on our website.

Information Security

We maintain administrative, technical, and physical safeguards designed to protect personal information from unauthorized access, disclosure, alteration, loss, or misuse.

No website, electronic communication, or information-storage system can be guaranteed to be completely secure. Accordingly, while we take reasonable measures to protect information, we cannot guarantee absolute security.

Data Retention

We retain information for as long as reasonably necessary for the purposes for which it was collected, including evaluating and administering transactions, maintaining business and loan records, resolving disputes, enforcing agreements, complying with legal or regulatory requirements, and protecting our legitimate business interests.

Retention periods may vary depending on the nature of the information and the transaction.

California Privacy Rights

Depending on applicable law and the nature of the information we maintain, California residents may have certain rights regarding their personal information, which may include the right to:

Request information regarding personal information we have collected;
Request access to certain personal information;
Request correction of inaccurate personal information;
Request deletion of certain personal information, subject to applicable exceptions;
Request information regarding categories of information disclosed to third parties;
Opt out of the sale or sharing of personal information where applicable; and
Exercise applicable privacy rights without unlawful discrimination.

FK Capital Fund Inc. does not sell personal information.

To submit a privacy-related request, please contact us using the information provided below. We may need to verify your identity before processing certain requests. Applicable law may permit or require us to retain certain information despite a deletion request.

Financial Information and Other Applicable Privacy Laws

Certain information collected in connection with financial products, lending transactions, or financial services may also be governed by federal or state financial privacy laws. Some information subject to those laws may be exempt from certain provisions of other privacy laws, including portions of the California Consumer Privacy Act.

Third-Party Websites

Our website may contain links to websites operated by third parties. FK Capital Fund Inc. is not responsible for the privacy practices, security, content, or policies of third-party websites. You should review the privacy policies of any third-party websites you visit.

Children’s Privacy

Our website and lending services are intended for adults and business-purpose transactions. We do not knowingly collect personal information from children under 13 through our website.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or business operations. The “Last Updated” date at the top of this page indicates when this Privacy Policy was most recently revised.