Elite Restructure is a trade name of Tomim Ventures LLC, a New York-based company that provides MCA (merchant cash advance) debt restructuring and enrollment services to small business owners. We negotiate directly with MCA lenders on behalf of enrolled merchants to reduce weekly payment obligations.
This Privacy Policy explains how Tomim Ventures LLC d/b/a Elite Restructure ("Elite Restructure," "we," "our," or "us") collects, uses, shares, and protects information obtained through our website (eliterestructure.com), our enrollment process, and our ongoing program communications.
This is a commercial services privacy policy. We serve small business owners and their authorized representatives — not consumers acting for personal, family, or household purposes. Certain federal consumer privacy protections may not apply; however, we adopt equivalent practices as a matter of policy.
During enrollment and onboarding, we collect additional contextual information to serve you effectively and to identify potential future services. This includes: the circumstances that led to MCA financing; your business operating systems and tools; customer acquisition methods; current personal and business credit status; your 1–2 year business goals; and other challenges you share voluntarily.
Use of Merchant Intelligence data for future service outreach is conditioned on your prior consent. You may opt out at any time. See Section 10.
| Purpose | Information Used |
|---|---|
| Evaluate eligibility and underwrite MCA portfolio | MCA contracts, bank statements, lender details |
| Enroll in the restructuring program; execute service agreement | Contact info, business info, government ID, bank details |
| Negotiate with MCA lenders on your behalf | MCA contracts, payment history, lender information |
| Process and redirect ACH weekly payments per program terms | Bank account credentials, ACH authorization |
| Communicate program status, progress, and milestones | Contact info, communications |
| Maintain CRM and client management systems | All enrollment and program data |
| Comply with legal obligations and regulatory requirements | Business identity, financial documents |
| Prevent fraud and protect program integrity | Identity verification, financial documents |
| Send promotional communications (with consent) | Contact info, Merchant Intelligence Profile |
| Improve services and processes (de-identified form only) | Aggregated, anonymized data |
We do not sell your personal or business information to third parties. We do not use your information for automated decision-making that produces legal or similarly significant effects without human review.
We do not sell your information. We share it only as described below.
Your information is accessible to Elite Restructure personnel who need it to perform their role — including the enrollment team, negotiating specialist, and administrative staff. Access is limited to what is necessary for each role.
We share information with third-party service providers who assist in operating our business. These vendors are contractually required to use your information only for the purposes we specify and to maintain appropriate security. Current categories include:
In order to restructure your MCA positions, we share relevant account and business information with your MCA lenders and their representatives. This sharing is authorized by the Power of Attorney you grant at enrollment. We share only what is reasonably necessary for negotiation purposes.
We may disclose your information when required by law, subpoena, court order, or regulatory inquiry; or when we reasonably believe disclosure is necessary to prevent fraud, protect the safety of any person, or enforce our agreements.
If Tomim Ventures LLC undergoes a merger, acquisition, or asset sale, your information may be transferred as part of that transaction. We will provide notice before your information becomes subject to a materially different privacy policy.
We do not share your bank account numbers, ACH credentials, government ID, or complete MCA contracts with any third party beyond what is expressly required to perform your program services.
TCPA NOTICE: By providing your mobile phone number and agreeing to receive text messages from Elite Restructure, you expressly consent to receive autodialed, pre-recorded, or artificial voice calls and/or text messages from Tomim Ventures LLC d/b/a Elite Restructure at the number you provided. Consent is not a condition of purchasing any goods or services.
We may contact you via email or SMS if your business information appears in public records (such as UCC filings) or commercially available MCA industry data, and we have reason to believe our services may benefit your business. All outreach will identify Elite Restructure as the sender and include clear opt-out instructions.
Once enrolled, we will contact you via your preferred channel to provide program updates, milestone confirmations, lender response summaries, and account information.
We may contact you after program completion with information about additional services based on your Merchant Intelligence Profile. These communications require your separate, affirmative consent.
TCPA compliance practices are informed by Berman v. Freedom Financial Network LLC, 30 F.4th 849 (9th Cir. 2022) and Barr v. American Ass'n of Political Consultants, 140 S. Ct. 2335 (2020). Consent will not be inferred from pre-checked boxes, course of dealing, or ambiguous conduct. All consents are logged with timestamp and method of capture.
Because our services involve the collection, analysis, and management of sensitive financial documents and payment credentials, we apply heightened protection to this category of information.
Your ACH authorization is limited to the specific weekly payment amounts and schedule set forth in your enrollment agreement. We will not initiate ACH transactions outside of the authorized amounts, frequencies, or purposes without a separately executed authorization. You have the right to revoke ACH authorization in accordance with NACHA rules and your program agreement.
Access to financial documents and banking credentials is restricted to personnel with a direct operational need. Documents containing full account numbers or government ID are stored encrypted and are not transmitted via standard email without encryption or password protection.
Data-sharing practices with third-party vendors who receive merchant financial data are structured to comply with obligations recognized in Hunstein v. Preferred Collection & Mgmt. Servs., 48 F.4th 1236 (11th Cir. 2022). All such vendors execute data processing agreements limiting use to specified program purposes.
We maintain a reasonable data security program consistent with the requirements of the New York SHIELD Act (N.Y. Gen. Bus. Law § 899-bb). Our program includes:
No method of electronic transmission or storage is 100% secure. In the event of a security breach affecting your private information, we will notify you as required by New York law, which requires notification without unreasonable delay.
| Data Category | Retention Period |
|---|---|
| Enrollment agreements and program records | 7 years following program completion |
| ACH authorization and banking documents | 5 years following final transaction |
| MCA contracts and lender correspondence | 7 years following program completion |
| Government-issued ID | Duration of program + 2 years |
| Merchant Intelligence Profile | 5 years post-program, or until deletion requested |
| Marketing consent records (TCPA logs) | 5 years following last contact |
| Website analytics (non-identifying) | 24 months |
| Prospective client outreach records (non-enrolled) | 2 years following last contact, or opt-out |
Upon expiration of the applicable retention period, data will be deleted or irreversibly anonymized.
To exercise any of these rights, contact us using the information in Section 14. We will respond within 30 days. We will not discriminate against you for exercising any privacy right.
Our services are directed exclusively to business owners and authorized business representatives aged 18 and older. We do not knowingly collect information from individuals under the age of 18. If we become aware that we have collected information from a minor, we will delete it promptly.
We may update this Privacy Policy from time to time to reflect changes in our practices, services, or legal requirements. Material changes will be communicated by posting the updated policy on our website with a revised "Last Updated" date, and — for enrolled clients — by direct notification to the email address on file. Your continued use of our services following notice of a material change constitutes acceptance of the updated policy.
For questions about this Privacy Policy, to exercise your rights, or to report a privacy concern:
We aim to respond to all verified requests within 30 days. Complex requests may require up to 60 days; we will notify you if an extension is needed.
This Privacy Policy is provided for informational purposes and does not constitute legal advice. Elite Restructure recommends review by qualified legal counsel before final publication.