Privacy Policy
How TMK Financial Services collects, uses, shares and protects information when you visit tmkfinancial.net, submit a funding application, or speak with one of our advisors.
1. Who we are
This site is operated by TMK Financial Services LLC, d/b/a TMK Financial Services, 300 SW 1st Ave, Suite 155, Fort Lauderdale, FL 33301 (“TMK,” “we,” “us,” “our”). We are a funding intermediary for businesses seeking merchant cash advances and revenue-based funding.
We do not lend or advance our own funds. We review your file and submit it to a network of independent third-party lenders and funders, who decide whether to make an offer and on what terms. Any financing is provided by, and contracted directly with, that funder. This matters for privacy because it means your application information is shared outside TMK — section 6 explains exactly how, and how to stop it.
Our products are offered to businesses, for business purposes only. They are not consumer credit products. Even so, an application involves information about you personally — your name, your phone number, and a review of your personal credit — and this policy explains what happens to it.
2. Information we collect
Information you give us
- Contact details: your name, business name, phone number, email address, and business address.
- Business and funding details: industry, state, time in business, monthly revenue or deposits, amount requested, and the intended use of funds.
- Underwriting documents: business bank statements (typically the last three months), and at closing a government-issued photo ID, your business tax ID (EIN), and account and routing details for the account that will receive the funds.
- Anything you tell an advisor by phone, email, text or live chat.
Information we collect automatically
- IP address, approximate location derived from it, browser and device type, operating system, and referring URL.
- Pages viewed, time on page, scroll depth, clicks on calls-to-action, and whether you started or completed an application.
- Identifiers set by cookies and similar technologies. See section 7.
Information we receive from others
- Consumer reporting agencies: a soft credit review when you ask us to check your options, and a further review if you proceed. A soft review does not affect your credit score.
- Business data providers and public records: to verify that your business exists, is in good standing, and matches what you told us.
- Bank data: statements you upload, or read-only account data if you choose to connect an account through a bank-verification provider.
- Marketing partners and lead sources, where you submitted your details to a third-party site and consented to be contacted by funding providers including TMK.
We do not ask for and do not want your online banking username or password. We do not collect biometric identifiers, and we do not knowingly collect information from anyone under 18.
3. How we use information
- To respond to your enquiry and tell you what your business qualifies for.
- To package your file, submit it to funding partners for underwriting and pricing, and support the transaction through to closing if you accept an offer.
- To verify identity, prevent fraud, and meet anti-money-laundering and record-keeping obligations.
- To contact you by phone, text, email or chat about your application and about funding options, subject to the consent rules in section 4.
- To improve the site, measure which pages and campaigns work, and train our advisors.
- To comply with law and to establish, exercise or defend legal claims.
We do not use your information for automated decision-making that produces a legal or similarly significant effect without a human being involved. A person reviews every file.
4. Calls, texts and TCPA consent
If you give us your phone number, we will use it. This section explains the rules we operate under and exactly how to stop us.
Federal law — the TCPA
The Telephone Consumer Protection Act, 47 U.S.C. § 227, governs marketing calls and text messages. Its core rules, as they stand in August 2026:
- Consent is required before we send an autodialed or pre-recorded marketing call or text to a wireless number. The Federal Communications Commission’s rules describe this as prior express written consent (47 C.F.R. § 64.1200(f)(9)). Two 2026 decisions — Bradford v. Sovereign Pest Control of TX, Inc. (5th Cir., 25 February 2026) and Bradley v. DentalPlans.com (D. Md., 20 March 2026) — held that the statute itself requires only prior express consent, oral or written, and that the FCC exceeded its authority in adding the written requirement. Those decisions bind only their own courts. TMK obtains and keeps written consent regardless, because it is the standard that satisfies every jurisdiction.
- One consent can cover more than one company. The FCC’s “one-to-one consent” rule, which would have required separate consent for each individual seller, was vacated in Insurance Marketing Coalition Ltd. v. FCC, 127 F.4th 303 (11th Cir., 24 January 2025), and the FCC formally removed it by final rule in September 2025. Consent given on a lead-generation form may cover named funding partners, provided it is clear and unmistakable which companies it covers.
- You can revoke consent at any time, by any reasonable means. Under 47 C.F.R. § 64.1200(a)(10), effective 11 April 2025, replying to a text with STOP, QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE or OPT OUT is automatically treated as a valid revocation, and so is telling an advisor on the phone, emailing us, or using any other reasonable method. We must honour a revocation within 10 business days. We may send one confirmation message.
- Calling hours. We do not place marketing calls before 8:00 a.m. or after 9:00 p.m. in your local time, and we observe stricter state windows where they apply.
- Do-not-call lists. We maintain an internal do-not-call list and scrub against the National Do Not Call Registry. Ask us to add you and we will, permanently.
The FCC has granted a limited waiver, currently running to 31 January 2027, of the part of the revocation rule that would treat a revocation given in response to one kind of message as applying to every unrelated message from the same sender. We do not rely on that waiver: if you tell us to stop, we stop, across every channel.
State rules that apply on top of the TCPA
Several states impose their own requirements, often with their own private right of action. The three below are the ones our advisors are trained on.
California
- Pre-recorded and AI voice calls. California Public Utilities Code §§ 2871–2876 requires that before any automatic dialing-announcing device plays a recording, a live, unrecorded, natural human voice must first identify the calling business by name, address and telephone number, state the purpose of the call, and ask whether you agree to hear the recorded message. Since AB 2905, effective 1 January 2025, that live introduction must also tell you if an artificial or AI-generated voice will be used.
- Call recording. California is an all-party consent state under the California Invasion of Privacy Act, Penal Code §§ 630 et seq. Section 632.7 covers calls to and from mobile and cordless phones. Section 637.2 gives a private right of action for the greater of $5,000 per violation or three times actual damages. See section 5 below.
- Do-not-call. California does not run a separate state registry; the national registry applies, and Business & Professions Code § 17592 restricts telephone solicitation. Violations can also be pursued as unfair competition under § 17200.
- Calling hours. 8:00 a.m. to 9:00 p.m. local time.
Colorado
- Colorado No-Call List. Under C.R.S. § 6-1-904 it is unlawful to make a telephone solicitation to any residential or wireless subscriber whose number is on the Colorado no-call list. Solicitors must obtain an updated copy of the list within 30 days after the start of every calendar quarter, and may not block or circumvent your caller ID.
- Registration. Commercial telephone sellers must register with the Colorado Attorney General under C.R.S. § 6-1-303 unless an exemption applies. Operating without required registration can be charged as a class 1 misdemeanour.
- Cancellation right. C.R.S. § 6-1-304 gives a purchaser in a telephone sales transaction three business days to cancel, requires refunds within 30 days of notice, and requires the seller to disclose that right during the call.
- Penalties. Telemarketing violations are enforced as deceptive trade practices under the Colorado Consumer Protection Act. Civil penalties under C.R.S. § 6-1-112 run to $20,000 per violation, rising to $50,000 where the person affected is elderly, and each consumer or transaction counts as a separate violation.
- Calling hours. 8:00 a.m. to 9:00 p.m. local time.
Texas
- Texas mini-TCPA. Texas Business & Commerce Code Chapter 305 mirrors the federal TCPA and gives Texas residents a private right of action for $500 per violation, trebled to $1,500 for a knowing or wilful violation.
- SB 140, effective 1 September 2025. The definition of “telephone solicitation” now expressly includes text and graphic messages and images, and a violation of the telemarketing chapters is a per se violation of the Texas Deceptive Trade Practices Act. That opens up DTPA remedies — actual damages, treble damages for a knowing or intentional violation, mental anguish, and attorney’s fees — and a prior recovery does not bar a later one for the same conduct.
- Registration. Chapter 302 requires telephone solicitors to register with the Texas Secretary of State, post a $10,000 security and pay a $200 filing fee, unless exempt. In Ecommerce Marketers Alliance, Inc. v. Texas (W.D. Tex., 17 November 2025) the State clarified, and the Secretary of State has since confirmed, that a business sending text messages with the prior consent of the recipient is not required to file the Telephone Solicitation Registration Statement. TMK texts only with prior consent.
- Calling hours. Chapter 304 sets a narrower window than the federal rule: 9:00 a.m. to 9:00 p.m. on weekdays and Saturdays, and noon to 9:00 p.m. on Sundays. Texas also maintains its own no-call list, updated quarterly.
- Consent standard. Texas sits in the Fifth Circuit, so Bradford applies there and oral consent can be sufficient. We still take consent in writing.
Reply STOP to any text. Tell any advisor on the phone. Or email info@tmkfinancial.net or write to us at the address in section 15 with the phone number you want removed. We will honour it within 10 business days and normally much sooner, and we will add the number to our internal do-not-call list permanently. Message and data rates may apply to texts. Message frequency varies.
Opting out of marketing does not stop transactional messages about an application you have already started or an advance you already hold. To stop those as well, tell us and we will close the file.
5. Call recording and monitoring
We may record or monitor calls for quality, training, verification and compliance. Where we do, you will be told at the start of the call and you may ask us not to record, or end the call.
This matters most in California, which requires the consent of every party to the call. The California Invasion of Privacy Act reaches calls to and from mobile phones under Penal Code § 632.7, and § 637.2 allows a private suit for the greater of $5,000 per violation or three times actual damages. A bill that would have narrowed this exposure for ordinary commercial activity, SB 690, passed the California Senate but stalled in the Assembly and did not become law; CIPA claims remain live through 2026. If you are in California and you do not consent to being recorded, say so and we will stop the recording.
6. How we share information
We do not sell your information to data brokers, we do not post it to open lead exchanges, and we do not sell or share sensitive personal information or biometric data. What we do is submit it to funders, which is the whole point of the service.
We do share it in these situations:
- Funding partners — this is the main one. Because TMK is not a lender, every file we work on is submitted to third-party lenders and funders. That is how you get an offer at all. Your application details and business bank statements go to one or more of them, and often to several at once so their offers compete. We submit to funders in our vetted network only; we do not post your file to open lead exchanges.
- Service providers who work for us under contract: hosting, form and CRM providers, the application platform embedded on our site, telephony and live-chat providers, e-signature, bank-statement analysis, identity and fraud checks, and analytics.
- Consumer reporting agencies and business data providers for the reviews described in section 2.
- Professional advisers, and any party to a merger, financing or sale of all or part of our business.
- Law enforcement, regulators and courts where we are required to, or where we need to protect our rights or someone’s safety.
Submitting an application to funding partners is the service you came to us for, and we treat it as a disclosure for a business purpose. Some state privacy laws define “sale” and “sharing” broadly enough that arrangements of this kind can fall inside the definition — California and Colorado look at exchange for monetary or other valuable consideration, while Texas looks only at monetary consideration. Whatever the label, you can tell us not to do it. Email info@tmkfinancial.net with the subject line Do Not Sell or Share My Personal Information and we will stop passing your details to funding partners. Be aware of what that means: because TMK is not a lender, we have no offers of our own to show you, so it effectively ends the application.
7. Cookies, tracking and your browser signals
We use cookies and similar technologies to keep the site working, remember what you have already filled in, measure traffic, and understand which campaigns bring in businesses we can actually help. Some of these are set by third parties such as analytics and advertising providers, and those providers may use the data to build audiences.
You can clear or block cookies in your browser settings. Blocking them may break the application form.
Global Privacy Control. Where the law requires it, we treat a recognised universal opt-out signal — including Global Privacy Control — sent from your browser as a valid request to opt out of the sale or sharing of personal data and of targeted advertising. Colorado has required controllers to honour universal opt-out mechanisms since 1 July 2024, and Texas since 1 January 2025.
8. California privacy rights
If you are a California resident, the California Consumer Privacy Act as amended by the CPRA may give you the right to:
- Know what personal information we have collected, the sources, the purposes, and who we disclosed it to.
- Access a copy of it, in a portable form.
- Correct information that is inaccurate.
- Delete it, subject to exceptions — we must keep records of a funding transaction.
- Opt out of the sale or sharing of personal information, and of cross-context behavioural advertising.
- Limit the use and disclosure of sensitive personal information.
- Not be discriminated against for exercising any of these rights. We will not deny you funding, change your terms, or give you a worse service because you asked.
You may use an authorised agent. We will verify your identity before we act, and we aim to respond within 45 days, extendable once where a request is complex.
TMK does not accept applications from businesses located in California. That is an eligibility rule, not a privacy one — if you are a California resident and we hold information about you, because you visited this site, called us, or applied before we declined, the rights above still apply and we will still honour them.
9. Colorado privacy rights
If you are a Colorado resident, the Colorado Privacy Act may give you the right to confirm whether we are processing your personal data, access it, correct it, delete it, obtain a portable copy, and opt out of targeted advertising, the sale of personal data, and certain profiling. Processing sensitive data requires your affirmative consent.
Colorado also gives you the right to appeal a refusal. If we decline a request, our response will tell you how to appeal, and if we deny the appeal we will give you a way to contact the Colorado Attorney General.
10. Texas privacy rights
If you are a Texas resident, the Texas Data Privacy and Security Act may give you the right to confirm processing, access, correct, delete, obtain a portable copy, and opt out of targeted advertising, the sale of personal data, and profiling with legal or similarly significant effects. We respond within 45 days, with one permitted extension, and we offer the same appeal route described in section 9.
TMK does not sell sensitive personal data or biometric data, so the specific statutory notices that Texas requires of controllers who do are not applicable to us.
11. Other state rights, and how to make a request
Other states have comparable laws, and whether any particular one applies to TMK depends on our size and the volume of data we handle. Rather than argue about thresholds, we will honour a verified request from a resident of any U.S. state.
To make a request, email info@tmkfinancial.net or call 877-906-2499. Tell us which right you are exercising and give us enough detail to find your record. We will not charge you, and we will not treat you differently for asking.
12. Retention and security
We keep application information for as long as we need it to provide funding, service an advance and meet our legal, tax and audit obligations, and then we delete or anonymise it. Records tied to a funded transaction are kept longer than records for an enquiry that went nowhere.
The site is served over TLS, and we restrict access to application files to the people who need them. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. If a breach affects your information we will notify you and the relevant regulators as the law requires.
13. Children
This site is for business owners. It is not directed to anyone under 18, and we do not knowingly collect information from anyone under 18. If you believe a minor has given us information, contact us and we will delete it.
14. Changes to this policy
We will update this policy when our practices or the law change, and we will move the “last updated” date at the top. Where a change materially affects your rights we will make that clear rather than bury it.
15. How to contact us
TMK Financial Services LLC
300 SW 1st Ave, Suite 155
Fort Lauderdale, FL 33301
877-906-2499 · available 24/7
info@tmkfinancial.net
This page summarises how we handle information and describes federal and state law as we understand it in August 2026. It is not legal advice, and law in this area changes often — the TCPA consent standard, California’s CIPA exposure and the Texas telemarketing rules all moved within the last eighteen months. See our Terms of Use for the terms that govern your use of this site.