Credibility Capital Privacy Policy

 

Introduction

 

This Privacy Policy (this “Policy”) sets forth Credibility Capital’s policy with respect to:

  1. The information we collect in connection with the operation of this website (the “Website”);
  2. How information collected from or about you is used; and
  3. How you can access and correct certain information that we may collect. If you do not agree with anything contained in the Policy, please do not submit information to, access information from, or otherwise utilize the Website. 

 

In this Policy:

  • Users of this Website, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, a user, borrower or investor, are referred to as “you” or “your.” 

 

  • Credibility Capital Inc., a Delaware corporation, together with its applicable subsidiaries, affiliates, assignees, successors and its and their respective officers, directors, employees and agents are referred to as “Credibility Capital,” “we,” “us” or “our.”  Together, you and we may be collectively referred to as “Parties.”

 

The Website is intended for persons 18 years of age and older.  If you are under 18, we ask that you do not submit any personal information through the Website, by e-mail or any other means of communication to Credibility Capital.  

Information We Collect
Credibility Capital currently collects information during your use of the Website in three ways:

 

  1. Information You Provide: When you apply for a Credibility Capital loan or initiate a transaction or similar activities, you will generally be required to provide personally identifiable information such as personal and business name, mailing and business address, telephone number, e-mail address, bank account information, personal and business finances and debts, birthdate, social security number or tax ID.  You may also provide additional information via email or written correspondence. By voluntarily providing us with your personally identifiable data, you are consenting to our use of it in accordance with this Policy.

 

  1. Information from Third Parties and Other Sources: Third parties, such as credit rating agencies, may provide us with information about you. We will obtain a credit score for any business, corporation or other entity interested in becoming a borrower only with the permission of an authorized representative or agent of the entity. We may also obtain additional commercially available information from third parties or public sources. We may combine this information with information we already have about you, to verify your identity, offer more personalized products and services for you, to evaluate your loan application or similar purposes.

  2. Information from Your Use of the Website: We may collect additional user behavior information throughout your use of the Website, including but not limited to device-specific information, log information, location, or unique application data.

 

Any ideas for new products or modifications to existing products, and other unsolicited comments or submissions to Credibility Capital, excluding any personal financial information (collectively, “Unsolicited Information”) shall be deemed to be non-confidential and Credibility Capital shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to third parties without limitation or attribution.  

Our Use and Storage of Your Personally Identifiable Information
Any of the information we collect from you may be used in one or more of the following ways:

  • To provide you services and access that are personal to you;
  • To personalize your experience;
  • To obtain, with your authorization, third-party data from credit bureaus or others in connection with your loan application;
  • To verify your identity and guard against potential fraud;
  • To enforce agreements and/or carry out regulatory checks;
  • To enhance our Website and the services we offer;
  • To generate aggregate statistical studies or research;
  • To improve customer service; and
  • To send you periodic communications.

 

The personally identifiable information that you provide and that we collect will be stored and maintained by Credibility Capital for so long as we, in our sole discretion, believe is necessary or appropriate (a) to carry out the purpose(s) for which such information was collected, in accordance with this Policy, or (b) to comply with applicable laws, contracts or other rules or regulations. 

Cookies and Other Technologies
Credibility Capital uses various technologies including, but not limited to “Cookies” to collect and store personal and non-personally identifiable information when you use the Website. “Cookies” are small files that a website or its service provider transfers to your computer or mobile device through your Internet browser when you visit a website that enable the website’s or service provider’s system to recognize your browser and capture and remember certain information.  Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent.  Please note that without cookies, you may not be able to take full advantage of all of the Website’s features.   

 

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use information about or from users collected on our behalf, except to help us conduct and improve our business.

Your Responsibilities
By your continued use of the Website, you acknowledge and agree that Credibility Capital and its service providers will not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to Credibility Capital by e-mail or other electronic communications or via the Website.

 

Please note that no technology can be considered completely secure or impenetrable and Internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct.  We cannot guarantee that only authorized persons will view your information or that information you share on the Website or via e-mail or other electronic communication with Credibility Capital will not be intercepted by third parties.  We and you each acknowledge and agree that we shall have no liability to you for any exploitation or criminal conduct by third parties. 

 

If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the United States and of your country.


Our Sharing and Transfer of Your Personal Information
Information collected by Credibility Capital may be shared with other parties under various circumstances, including the following:

  • To our affiliates or service providers (including collection agencies) if needed to recover debts and/or enforce any agreements, in accordance with confidentiality procedures.
  • As required by law or for the protection of rights, including those of Credibility Capital (including but not limited to under this Policy or Credibility Capital’s Terms of Use (the “Terms of Use”), or our property, or those of our related parties.
  • In connection with any change of control, such as a merger, acquisition, reorganization or sale, your personal information may be transferred to the other party in such transaction.
  • To consumer reporting and fraud prevention agencies in order to perform checks, protect our or other’s property, or recover debts you owe.
  • To investors interested in investing in loans on our platform.  This may mean displaying business information, financials, terms, and loan information to these third parties.
  • To perform non-personally identifiable marketing or research.


General
You acknowledge and agree that all rights not otherwise expressly granted to you by the Policy are reserved to Credibility Capital. Excluding the terms of any loan agreement with Credibility Capital, this Policy, together with the Terms of Use, constitute the sole and entire agreement between you and us with respect to the subject matter hereof and thereof and supersedes all other prior or contemporaneous negotiations, discussions, agreements, understandings, representations and warranties, both written and oral, between you and us with respect to such subject matter.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Credibility Capital as a result of this Policy or any use of the Website. The failure of Credibility Capital to exercise or enforce any right or provision of the Policy shall not constitute a waiver of such right or provision. If any provision of the Policy is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, the Parties agree that the court should give effect to the Parties' intentions as reflected in such provision, and the other provisions of the Policy shall remain in full force and effect.  The section titles in the Policy are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Credibility Capital, nor trade practice, shall act to modify any provision of the Policy.  For purposes of the Policy, the terms “include,” “includes,” “including,” “such as” and “for example,” shall be construed as if each term were followed by the words, “without limitation.”  Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular. 

Terms of Use
Credibility Capital’s Terms of Use is located at https://credibilitycapital.com/Terms; they govern your access to and use of the Website and its contents, including your permitted uses and our disclaimers and limitations of liability with respect to your use of the Website.  The Terms of Use are hereby incorporated in this Policy in their entirety by reference. 

Modifications to this Policy

Credibility Capital reserves the right to make changes to this Policy at any time.  It is your responsibility to review the Policy from time to time to see if modifications have been made. Your continued use of the Website after any modification of the Policy will conclusively indicate that you accept those changes.  Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.


Choice of Law; Forum for Disputes

This Policy and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to this Policy, the Website or the Content, the interpretation, validity or performance of this Policy, the rights and obligations of you and us under this Policy or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.  We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, City of New York, Borough of Manhattan (the “New York Courts”) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to this Policy (including any non-contractual claims), the Website, the interpretation, validity or performance of this Policy, the rights and obligations of you and us hereunder or any transaction contemplated by the Website.

You and we each waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts.  You and we each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.


WAIVER OF JURY TRIAL WE AND YOU EACH HEREBY AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT WE OR YOU, RESPECTIVELY, MAY HAVE TO A JURY TRIAL IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS POLICY OR THE WEBSITE AND ANY COUNTERCLAIM THEREIN.  EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER AND MAKES THIS WAIVER VOLUNTARILY. 

CLASS ACTION WAIVER WE AND YOU AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC.  ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. 

Links to Third Party Websites

The Website may contain advertisements, links or connections to third party websites.  Any such link or connection is provided only as a convenience, and should be used at your own risk.  Credibility Capital has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Credibility Capital or create any liability on the part of Credibility Capital in respect of such link or connection.  Please be aware that your use of any such third party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.

You and we hereby acknowledge and agree that Credibility Capital and the Released Parties (as defined below) shall have no responsibility for any liabilities arising from or related to the contents of any third party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.   For purposes of this Policy, the “Released Parties” shall mean Credibility Capital, any affiliate or subsidiary of Credibility Capital or any of their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives or advisors in their individual and representative capacities.


Special Notice to California Residents; Your Rights Under S.B. 27

Under S.B. 27 as enacted in California law, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared.  To make a request under S.B. 27, please send a written request to Credibility Capital’s principal office at the address below. Please include the phrase “California Privacy Request” in the subject line, and provide us with your name, address and e-mail address.

Do Not Track: Do Not Track is a standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Policy. To learn about Do Not Track, please visit http://www.allaboutdnt.com/. 

Questions or Comments – Our Contact Information 

If there are any questions regarding this Policy you may contact us using the following information:

Credibility Capital Inc.
419 Park Avenue South, 8th Floor
New York, NY 10016

inquiries@credibilitycapital.com
Effective Date: November 1, 2016
Last Modified: November 1, 2016
Policy Last Updated: November 1, 2016