1. Collection of information
Clearbanc 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 transaction 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.
- Third-Party Credentials: You may also enter in certain passwords, usernames, account numbers, and other 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.
- 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.
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 under the Business Cash Advance Agreement and Terms of Service 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,
- 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.
In an ongoing effort to better understand and serve the users of the Services, Clearbanc often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Clearbanc may share this aggregate data with its affiliates, agents and business or financing partners. This aggregate information does not identify you personally. Clearbanc may also disclose aggregated user statistics in order to describe our services to current and prospective business or financing partners, and to other third parties for other lawful purposes.
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 Clearbanc.
3. Sharing of information
We may share personal information about you as follows and you hereby consent to such sharing:
- With our agents, consultants and related third parties to perform certain business-related functions;
- With third parties (including insurance providers and financing sources) to provide, maintain, and improve our Services, to help us with our business activities (such as performing due diligence and know your customer compliance) 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;
- 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 Cash Advance 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.
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].
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 Clearbanc via the Internet.
5. 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 Clearbanc or third-party goods or services.
Subscribers have the ability to opt out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails. Opting out in this manner will not end transmission of service-related emails, such as email alerts.
6. Changes to your personal information
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.
You may also email us if you wish to deactivate your account or delete your information. We will however need to retain your information for as long as your account is active or as long as reasonably useful for commercial purposes (including if any amounts, including Specified Amounts (as defined in a Business Cash Advance Agreement) are outstanding). We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, collect on amounts owing and enforce our agreements.
7. California privacy rights
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to [email protected] In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.
The laws and regulations in different countries may impose different (and even 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 will be transferred to the United States and Canada, and by using the Site or providing Clearbanc personal information (including Personal Data), you authorize this transfer.
If you have questions or concerns regarding this statement, or if you have any questions or suggestions, please contact [email protected]