Privacy Policy

This Privacy Policy was last updated on June   09 , 2019.

This Privacy Policy describes the information Clear Finance Technology Corp.   (“Company”, “we”, “us” and/or “our”) collects about you, how we use and share that information, and the privacy choices we offer. This Privacy Policy also describes the choices available to you regarding our use of your personal information and how you can access and update such information. This policy applies to information (including personally identifiable data such as contact information and IP addresses (“Personal Data”)) we collect when you register, apply for advances, access or use our website, mobile applications, products, and services, or when you otherwise interact with us (collectively, the “Services”). As used in this Privacy Policy, the term “Site” includes: all websites and all devices or applications operated by the Company that collect personal information from you; pages within each such website, device, or application, any equivalent, mirror, replacement, substitute, or backup website, device, or application; and pages that are associated with each such website, device, or application. A portion of the Personal Data we collect, use, share, and store may be sensitive in nature.

Your access to and use of the Services is also subject to the Business Cash Advance Agreement or Revenue Share Agreement, as applicable (the “Business Agreement”), when executed, and Terms of Service at www.clearbanc.com/terms . If there is any contradiction between Privacy Policy and another executed agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies.

As used in this Privacy Policy, the words “you” and “your” refer to you, the user of the Company’s website, device, or applications, as the party agreeing to the Privacy Policy. By visiting and using the Site, you accept the practices described in the Privacy Policy. The use of the word “including” in this Privacy Policy to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE PRIVACY POLICY. IF YOU ARE ENTERING INTO THE PRIVACY POLICY ON BEHALF OF A COMPANY, BUSINESS OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND AFFILIATES TO THE PRIVACY POLICY, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND BY THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES.

1. Collection of information

The Company may collect personal information (including Personal Data) and other information about you, including but not limited to the following:

  • Registration Information: When you register for a Service, you will be asked for basic registration information, such as an email address and password.
  • Identification and Banking Information: You may also be asked to provide identification information to confirm your identity, including your first and last name, zip code, social security number, business name and phone number, as well as bank statements, credit card statements, banking history and payment and transcation history.
  • Business Information: You may also be asked to provide business information and documentation, including company size, financial statements, business type, organizational documents and business plans, as well as beneficial ownership information.
  • Third-Party Authorization: You may also enter in certain account information for third-party sites and Internet services (“Third-Party Sites”).
  • Information from Third-Party Sites: In order to display information to you or to fulfill your requests for certain products and services through a Service, we may collect, on your behalf, your account and other personal information from Third Party Sites that you register under your account via the Service. We may also collect information about you from mailing list providers, publicly available sources, and other third parties, including to process and manage your application and transactions.
  • Information Collected by Cookies and Web Beacons: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files that are stored on your hard drive or in device memory by a website. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We may also collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We may use web beacons to deliver cookies, count visits, understand usage, and determine whether an email has been opened and acted upon.
  • Technical and Navigational Information: We may collect your computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our web design and functionality.
  • Device ID: When you use the mobile versions of our Site, we may collect the unique device identifier assigned to that device by phone makers, carriers, or makers of the operating system (the 'Device ID'). Device IDs allow app developers, and others to uniquely identify your device for purposes of storing application preferences and other data.
  • We may, and we may allow third party service providers to, use cookies (as noted above) or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site.

Our Site currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.

We take reasonable steps designed to ensure that your Personal Data that we process are limited to the Personal Data reasonably required in connection with the purposes set out in this Policy. We do not seek to collect or process Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health,  or sexual life. Nor do we collect any information about criminal convictions and offences. Where we need to collect Personal Data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into (for example, to provide our client with Services). In this case, we may have to cancel a product or service but we will notify you if this is the case at the time.

2. Use of your information

We may use, save and analyze the information you provide about yourself and about your Third-Party Sites (together “Data Processing”). Such Data Processing is necessary to perform our Services to you, including in connection with advancing and collecting funds under (or in anticipation of entering) the Business Agreement and Terms of Service, pursuant to our legal obligations (e.g. “Know Your Client” and fraud protection) and our legitimate business interests, including:

  • to fulfill your requests for our products, programs and Services and process and analyze your application,
  • to respond to your inquiries about our Services and verify your identity,
  • to provide customer support,
  • to offer you other products, programs, or services that we believe may be of interest to you,
  • to verify the existence and condition of your accounts and conduct due diligence,
  • to fulfill legal requirements,
  • to protect against potentially prohibited or illegal activities,
  • to improve (including through data analytics), monitor and personalize the Services and conduct our business and to provide targeted marketing and advertising,
  • to measure the performance of and improve the Site or mobile application functionality,
  • to manage, administer and protect our information technology infrastructure and Site security generally; and
  • to otherwise assist with a transaction. For example, we may use the account information you provide or that we collect from Third-Party Sites to confirm your accounts are valid and to access funds from your accounts in connection with fulfillment of the Services.

If information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use it for any business purpose.

We will not reuse your Personal Data for a new purpose other than the original one(s) for which it was collected, unless one or more of the following apply:

  1. the new use is compatible with the original use such that you would reasonably expect such a similar use;
  2. we have notified you of the new use and given you an opportunity to authorize it; or
  3. the new use is otherwise permitted or required by law.

By providing us with your information (including Personal Data and any data that may be subject a privacy regime of any jurisdictions), you are explicitly consenting to our use, collection, monitoring and processing of it in accordance with this Privacy Policy. You acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of the Company and the authorized third parties referred to herein located in the United States and Canada.

This Privacy Policy does not apply to any personal information collected by the Company other than personal information collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to the Company through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and not personal information and the Company shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

This Privacy Policy applies only to the Services. The Services may contain links to other web sites and services not operated or controlled by the Company (the “Linked Sites”). The policies and procedures we described here do not apply to the Linked Sites. The links from the Services do not imply that the Company endorses or has reviewed the Linked Sites, we are not responsible for actions of these Linked Sites. We suggest contacting those sites directly for information on their privacy policies.

In an ongoing effort to better understand and serve the users of the Services and improve data analytics, research and analysis may be compiled and analyzed on an anonymized basis, and the Company may share this anonymized data with its affiliates, agents and business or financing partners. This aggregate information does not identify you personally.

Some of our pages utilize framing or white-labeling techniques to serve content from our partners while preserving the look and feel of our Site. Please be aware that in these instances you may be providing your personal information to these third parties and not to the Company.

3. Sharing of information

We may share personal information about you as follows and you hereby consent to such sharing:

  • With our subsidiaries and affiliates for purposes consistent with this Privacy Policy;
  • With our service providers, agents, consultants and related third parties to perform certain business-related functions such as offering customer service, processing diligence or secure data storage, in each case only as necessary to provide these types of services to us;
  • With third parties (including insurance providers, financing sources and platforms) to provide, maintain, and improve our Services, to help us with our business activities (such as performing due diligence, risk analysis, and know your customer compliance), capital raising and to better understand our users;
  • In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, reorganization, divestiture, or dissolution of all or a portion of our business;
  • Basic information (name, company name, phone number, email address and requested loan amount) with one of our business partners to market their services to you;
  • To respond to a request of a governmental entity, subpoenas, court orders, or legal process;
  • To respond to claims that any posting or other content violates the rights of third parties;
  • If required to do so by law or in the good faith belief that such action is necessary to:
  • comply with any legal obligation;
  • investigate, prevent, defend against, or take other action regarding violations of our Terms of Service, our Business Agreement, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network, Sites or Services;
  • generally protect against legal liability or otherwise protect our rights; or
  • to protect the health and safety of our Sites' users or the general public in an urgent or emergency; or
  • To any other third party with your consent.

The Company may use third parties to gather user’s data from financial institutions. By using our service, you grant our third-party providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of our third-party provider’s privacy policy.

We may display personal testimonials of customers on our Site. We may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us by email at [email protected] .  

4. Your rights and data retention

You have the right to ask us not to process your personal information for marketing purposes. You can do this at any time by updating your email preferences in your account or by clicking on the “unsubscribe” link in any marketing email we send you. You can also opt out of marketing by emailing [email protected] .

Data protection law may give you the right to access your personal information, to object to the use of your personal information for certain purposes, and the right to erase or restrict your personal information. Further, you may request the transfer of your personal data to you, or (if technically feasible) to a third party in a machine-readable format. Note that these rights only apply to personal data which you initially provided us. You can make any such requests by emailing [email protected]  or via your user account. Certain personal information will need to be retained for administrative, legal, security or other legitimate business purposes.

You can easily access personal information that you have submitted to us and request the correction of any inaccurate information you have submitted to us, via your user account. Alternatively, you can send an email that includes your contact information to [email protected]  to request any corrections, or access, to your personal information.

We will handle your requests and rights in accordance with the law. This means there may be legal reasons why we cannot fulfil all requests. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.  

You may have the right to lodge complaints with a data protection authority regarding the processing of your Personal Data, we would, however, appreciate the chance to deal with your concerns beforehand, so please contact us in the first instance.

Retention:

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, administrative, security, compliance, accounting, or reporting requirements. We will need to retain your information for as long as your account is active and for legitimate business interests (including if any amounts, including Specified Amounts (as defined in a Business Agreement) are outstanding). We will retain and use your information as necessary to comply with (and demonstrate compliance with) our legal obligations, resolve disputes, collect on amounts owing and enforce our agreements. In some circumstances we may anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.  

5. Security

We take reasonable measures, including firewall barriers, SSL encryption techniques, and authentication procedures, to help protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any personal information to the Company via the Internet. If you have any questions regarding the security of your personal information, you can contact us by email at [email protected] .

6. Email communications

We may provide our registered customers with summaries of their account information and email alerts. We may also allow users to subscribe to email newsletters and from time to time may transmit emails promoting the Company or third-party goods or services.

You have the ability to opt out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails or by contacting us by email at [email protected] . Opting out in this manner will not end transmission of service-related emails, such as email alerts.

7. Changes to privacy policy

We reserve the right, at our discretion, to make changes to this Privacy Policy from time to time without notice, so please review it frequently. You may review updates to our Terms of Service and Privacy Policy at any time via links on www.clearbanc.com . You agree to accept electronic communications and/or postings of revised versions of this Privacy Policy on www.clearbanc.com  and agree that such electronic communications or postings constitute notice to you of the revised version of this Privacy Policy. Changes take effect immediately upon posting. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

8. Children

The Company does not knowingly collect Personal Data from persons under the age of 18. If you are under the age of 18, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a person under the age of 18 has provided Personal Data to the Company through the Services, please contact us, and we will endeavor to delete that information from our databases.

9. Other

The laws and regulations in different countries may impose different (and even lower or conflicting) requirements on the Internet and data protection. The servers that make the Site available are located in the United States and Canada. Please note that any information you provide may be transferred to the United States and Canada, and by using the Site or providing the Company personal information (including Personal Data), you authorize this transfer.

We may use GoCardless to process your Direct Debit payments. More information on how GoCardless processes your personal data and your data protection rights, including your right to object, is available at gocardless.com/legal/privacy/

Got Questions?

If you have questions or concerns regarding this Policy, or if you have any questions or suggestions, please contact  [email protected] .