Effective Date: November 2021
To the extent we provide you notice on our Service of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.
- What Information Does the Service Collect?
We only collect Personal Information that is adequate, relevant, and not excessive in relation to the purpose or purposes for which the information is collected or processed.
(a) Personal Information You Provide to Us
The Service connects accredited investors with investment opportunities and efficiently communicates with investors, distributes investment documents and centralizes ongoing investor relations. To effectuate these investing opportunities, we may collect the following Personal Information about you that you choose to provide us when you use our Services:
- Contact information. In connection with our Services, we may ask you to provide us with certain categories of contact and other personally identifiable information, such as your first and last name, phone number, email address, home address, social security number, and driver’s license, passport, or other government-issued identification numbers.
- Financial and payment information. In connection with our Services, we may ask you to provide us with your financial account information, account statements, and related financial information, such as state of income tax, that is required or will assist us in providing Services or handling payments and transfers.
- Account information. We require a username and password to create your account for our Services.
- Business information. We may collect information about the company you work for, business contact information, your job title, and company financial information.
- Demographic and other information. You may be required or provided the opportunity to provide us with certain other information about yourself, including your date of birth, state of driver’s license, state of voter registration, and your signature. We may also collect certain background information as part of our investor verification and due diligence process, including criminal history, residential history, and eviction history.
- User Content. The Service may permit you to submit ideas, photographs, investment information, loan information, investing experience, company information video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”), such as on publicly available investment profiles.
(b) Information Collected and Stored as You Access and Use the Service
In addition to any Personal Information or other information that you choose to submit to us via our Service, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Service (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Service. To the extent we associate Usage Information with your Personal Information we collect directly from you on the Service, we will treat it as Personal Information. This Usage Information may include:
- your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the areas within our Service that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information. We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Service, include, without limitation, cookies, web beacons, embedded scripts, browser fingerprinting, entity tags, UTM codes, and recognition technologies that make assumptions about users and devices (and subsequent technology and methods later developed).
We may use Tracking Technologies for a variety of purposes, including:
Targeting‑Related. We may use Tracking Technologies to deliver content, including ads relevant to your interests on our Service and third‑party services based on how you interact with our advertisements and/or content. This includes using Tracking Technologies to understand the usefulness to you of the content and ads that have been delivered to you.
(c) Location-Based Information
Our Service may use location-based services in order to locate you so we may verify your location, deliver you relevant content and ads based on your location as well as to share your location with our vendors as part of the location-based services we offer. You may be able to change the settings on your Device to prevent it from providing us with such information. Unless you provide consent at or before the point of collection, this location data is collected anonymously in a form that does not personally identify you and is used by us and our partners and licensees to provide and improve location-based products and services. You should consider the risks involved in disclosing your location information to other people.
(d) Information Third Parties Provide About You
(e) Interactions with Third-Party Services
(f) Do Not Track Disclosures
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
- Information You Provide About a Third Party
You may send someone else a communication from the Service, such as sending an investment opportunity to a friend. If so, the information you provide (names, email addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your contact information, name or username and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies.
- How Do We Use the Information Collected?
We rely on one or more legal bases to process your Personal Information under applicable law. We may process Personal Information (i) as necessary to perform our contractual obligations to you; (ii) as necessary to pursue our legitimate interests; (iii) as necessary for our compliance with our legal obligation such as a request or order from courts, law enforcement or other government authorities; and/or (iv) with your consent, including to send you marketing email messages and other information that may be of interest to you.
Legitimate business interests. We may collect, process, and maintain personal data to pursue the legitimate business interests outlined below. To determine these legitimate interests, we balance our legitimate interests against the legitimate interests and rights of you and others.
We may use your Personal Information for the following legitimate business interests:
- to determine an investor’s suitability to be an investor on the Service;
- to provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services or upcoming events;
- to process and track your investments and other transactions you enter into using the Service;
- to provide liquidity to our investors;
- to verify your identity, including your accounts on the Service;
- manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
- manage and protect our information technology infrastructure;
- to provide the Service, including the marketplace opportunities available on the Service;
- to improve the Service, marketing endeavors or our Service offerings;
- to customize your experience on the Service or to serve you specific content or ads that are relevant to you;
- to provide customer support, including to resolve disputes, collect fees and troubleshoot problems;
- to contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or Service’s policies;
- to identify your product and Service preferences so that you can be informed of new or additional products, services and promotions;
- to enable you to participate in a variety of the Service’s features;
- to improve the overall experience at the Service;
- where it is necessary to comply with our legal and regulatory obligations, such as compliance with anti-money laundering and FATCA/CRS requirements, and otherwise to screen transactions for fraud prevention, anti-money laundering purposes, and the prevention of crime and the reporting of appropriate tax-related information to tax authorities;
- where it is necessary for the performance of our rights and obligations under the subscription agreement and/or the constitutional and operational documents of the offering;
- to preform financial and regulatory accounting and reporting;
- for quality, regulatory compliance, business analysis, training and related purposes, consistent with our legitimate interests, in the monitoring and recording of calls and other communications;
- for the investigation and assertion of our legal rights; and
- for internal business purposes
- How and When Do We Share Information with Third Parties?
(a) When You Request Information from or Provide Information to Third Parties. You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools, apps or ads on our Service or link to them from our Service. This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third-party practices. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
(b) Third Parties Providing Services on our Behalf. We may use third-party vendors to perform certain services on behalf of us or the Service, such as: (i) to assist us in Service operations; (ii) to manage a database of customer information; (iii) hosting the Service; (iv) designing and/or operating the Service’s features; (v) tracking the Service’s activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; (vii) process investments; and (viii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third-party technologies or activities arising out of them. However, some may offer you certain choices regarding their practices, and information we have been informed of regarding such choices is available here. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
(d) Affiliates and Business Transfer. Certain Percent Entities may share Personal Information among other Percent Entities in connection with rendering Services that you have requested. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
- What About Information I Disclose Publicly or to Others?
(a) Public Information. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that we do not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.
- Does Third-Party Content, Links to Third-Party Sites, and/or Third-Party Apps Appear on the Service?
When you are on the Service you may be directed to other sites and apps that are operated and controlled by third parties that we do not control such as merchants who directly sell products and services to you. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Service onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies. We are not responsible for these third-party privacy policies or the practices of third-party owners. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
- What Should Parents Know About Children?
We are committed to protecting children’s privacy in the interactive world. We are a general audience service that is available only to individuals who are at least18 years of age and the age of majority in their jurisdiction of residence, in accordance with our Terms and Conditions. As such, we do not anticipate collecting personal information from individuals under the age of 18, including any such collection that would require parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without parental consent. If you are under the age of eighteen (18) years of age, or otherwise under the age of majority in your jurisdiction of residence, you are not permitted to use the Service and should not send any information about yourself to us through the Service. In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us at: [email protected]
- Your Rights and Choices
(a) How Do I Change My Information and Communications Preferences?
(b) Your Privacy Rights
In certain circumstances, depending on your residency, you may be entitled to the following data protection rights regarding your Personal Information:
- Right to access. You may have the right to access (or “right to know”) your own Personal Information and receive information about how it is collected, used, disclosed, and/or sold, as may be applicable.
- Right to rectification. You may have the right to request that Percent have inaccurate Personal Information rectified, blocked, erased, or destroyed if your complaint is upheld.
- Right to delete. You may have the right to request that Percent delete your Personal Information in certain circumstances.
- Right to opt-out of sales or otherwise restrict processing. You may have the right to request that Percent cease processing your Personal Information in certain circumstances.
- Right to stop direct marketing. You may have the right to request that Percent cease or not begin direct marketing targeting of you.
- Right to non-discrimination. You may have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.
Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”) as permitted or required by applicable law. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the individual about whom we collected the Personal Information. In order to verify you, you must provide us with your full name and email address. These rights are also subject to various exclusions and exceptions under applicable laws.
If you are a California resident, please review our California Privacy Addendum (Below) for further information regarding your privacy rights.
- Social Security Numbers
It is our policy to protect the confidentiality of Social Security numbers in our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure. Unlawful disclosure of Social Security numbers is prohibited, and access to them is limited to personnel who need access to such information in order to perform their job functions.
- Data Security and Retention
We do not keep Personal Information for any longer than we need or are required to by law or regulation. To that end, we periodically review the Personal Information that we retain and erase or anonymize that information when it is no longer needed.
We work hard to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.
- International Data Transfers
Any transfer of Personal Data by us or our duly authorized Delegates outside of the jurisdiction in which it is collected shall be in accordance with any legal requirements, including those of the DPA and GDPR.
You authorize Percent to collect and share with our payment provider Dwolla, Inc. your personal information including full name, date of birth, social security number, physical address, phone number, email address, registered business name, EIN and bank account information, and you are responsible for the accuracy and completeness of that data. This information will be used by Dwolla solely for the purposes of opening and supporting your Dwolla account.
The following third parties that collect information from you on the Service have given us notice that you may obtain information on their policies and practices, and in some instances opt-out of certain of their activities, as follows:
|Party||Service||For More Information||Use of Tracking Technologies||Privacy Choices|
|Google Analytics||Analytics||http:// www.google.com/analytics/learn/privacy.html||Yes||https://tools.google.com/dlpage/gaoptout/|
PLEASE NOTE: We are not responsible for third-party policies or practices. We try to keep this information current and will add to and subtract from the chart above as appropriate, but it is provided as a courtesy and may not be current or accurate. Please contact the relevant third parties regarding their privacy and data security policies and practices.
We take very seriously any complaints we receive about our use of Personal Information. Questions, comments, requests, or complaints regarding this Privacy Notice, or wish to discuss your data protection rights with us, please contact using the information below.
- Contact Us
Email: [email protected]
Address: Cadence Group, Inc. (DBA Percent Technologies, Inc.)
145 E 57th Street, New York, NY 10022
Copyright © 2020 Percent Technologies, Inc. All rights reserved.
CALIFORNIA PRIVACY NOTICE ADDENDUM
Effective date: May 2021
This California Privacy Notice Addendum applies to any California residents about whom we have collected personal information from any source, including through your use of our websites, including www.percent.com and all related websites, mobile apps, and web-based services (our “Site”), by engaging Cadence Group, Inc. (DBA Percent Technologies, Inc.) and its subsidiaries, affiliates and/or delegates, including Cadence Group Platform, LLC (DBA Percent Technologies Platform, Inc.) (collectively, the “Percent Entities” and individually a “Percent Entity”, “we” “our” or “us”) to inquire about or obtain the various services that we offer (our “Services”), or by communicating with us electronically, by telephone, in paper correspondence, or in person. We provide this California Privacy Notice to comply with applicable privacy laws, including the California Consumer Privacy Act of 2018 (“CCPA”).
The CCPA provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of personal information, as well as rights to access, delete, and restrict the sale of certain personal information we collect about them. California residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the CCPA. If you are a California resident, you may submit a request to exercise these rights using the information provided in the Your Privacy Rights section below.
Please note that, as a consumer financial services company, Percent applies privacy and security protections to your Personal Information as required by United States federal law and as such, most or all of the personal information about you that we may collect and use is exempt from the California Consumer Privacy Act (“CCPA”). Further, the CCPA may not apply, or have limited application to, Personal Information that we collect as part of a business-to-business transaction with California residents.
To the extent that the CCPA may apply, Percent provides the following disclosures and rights to California residents.
- Personal Information We Collect
For the purposes of this Notice, except where a different definition is noted, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer/resident or household. Personal information does not include publicly available information, information that has been de-identified or aggregated, or other information covered by certain sector-specific privacy laws. Percent may collect, or has collected, the following categories of Personal Information about California residents over the last twelve (12) months:
- Identifiers, which includes your first and last name; phone number; email address; home address; social security number; driver’s license, passport, or other government-issued identification numbers; username and password; and online identifiers as detailed below including IP address or device IDs.
- Payment and financial information, including your financial account information and statements; investment information; loan information; state of income tax; and related financial information that is required to render our Services.
- Commercial information, which includes products or services purchased, obtained, or considered; account history; and/or other commercial activity associated with our Services.
- Information relating to Internet activity or other electronic network activity, which includes the information disclosed in Section 1(b) above (“Usage Information”).
- Geolocation data, which includes your device location.
- Audio, electronic, or visual information, which includes your photographic, video, or audio recordings that are uploaded as part of the User Content and might be capable of identifying you.
- Professional or employment-related information, which includes information about the company you work for; business contact information; your job title; and company financial information.
- Information not listed above and included in California Civil Code section 1798.80(e), which includes your signature.
- Information not listed above and related to characteristics protected under California or federal law, which may include date of birth, nationality; state of driver’s license, state of voter registration, criminal history, residential history, eviction history and/or income levels.
- How We Use Your Personal Information
We use the Personal Information we collect about you for all of the business purposes outlined in Section 3 above.
- Sources of Personal Information
We may collect Personal Information about you from the following categories of sources:
- From you, including via our Site, telephone, in-person, postal mail, social media, forums, or other means
- From other individuals using our Site or Services who may provide information about you to us through content submissions or postings on the Site, or to facilitate communication with you
- Our affiliated businesses and brands
- Our service providers, including our communications and analytics providers
- Third party social media or communications platforms, such as if you choose to use an integrated third-party social media platform.
We may supplement the information described above with information we obtain from other sources, including from both online and offline data providers.
- Who We Share Personal Information With
- Your Privacy Rights
California residents from whom we have collected Personal Information that is subject to the CCPA as described in this Notice you may have the following rights under applicable California law in relation to your Personal Information, subject to certain exceptions:
- Right to Know. You have the right to, up to twice in a 12-month period, request what Personal Information we collect, use, disclose, and/or sell, as applicable.
- Right to Delete. You have the right to request the deletion of your Personal Information that is collected by us.
- Right to Opt-Out of Sale. You have the right to opt-out of the sale of your Personal Information by a business. However, as noted above, we do not currently sell any Personal Information.
- Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.
Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”) as permitted by the CCPA. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the personal information on. In order to verify you, you must provide us with your full name and email address. These rights are also subject to various exclusions and exceptions under applicable laws.
You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise the above rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing the letter of authorization or power of attorney using the contact information provided at the end of this Policy.
We will respond to your request within forty-five (45) days after receipt of a Verifiable Consumer Request for a period covering twelve (12) months and for no more than twice in a twelve-month period. We reserve the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days.
You may exercise any of the rights described in this section using the contact information provided at the end of this Policy.
We may elect to share information about you with third parties for those third parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2017 will receive information about 2016 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please send an email to: [email protected], with “California Privacy Rights” as the subject line or mail us a letter to: Cadence Group, Inc. (DBA Percent Technologies, Inc.), 145 E 57th Street, New York, NY 10022. You must include your full name, email address, and postal address in your request.