Privacy Policy

Overview

Thank you for choosing to be part of our community at Finitive LLC (the "Company", "we", "us", or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at info@finitive.com.

Finitive.com is a marketplace for institutions that are seeking to invest and corporations that seek to borrow. Finitive.com is NOT a site or service for any individual. Notwithstanding, when you visit our website Finitive.com, mobile application, and use our services, you may trust us with your personal information. We seek to gather corporate information exclusively and only in relation to the entity, names of principals and officers of the entity are gathered. It is to that end we collect any person’s name. We have no interest or business need to collect any personal information. Notwithstanding, we take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you nave in relation to it. We hope you take some time to read through it carefully. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites or Apps and our services.

This privacy policy applies to all information collected through our website (such as Finitive.com) (“Apps”), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Sites”).

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.


Changes to the Privacy Policy and your duty to inform us of changes
This version was last updated on February 21, 2019 and historic versions can be obtained by contacting us.

We reserve the right to change the terms of this Privacy Policy at any time. We will notify you of any material changes by way of a visual alert on the Site announcing that the Privacy Policy has changed, and/or by way of email to those who have provided an email address to us. It is important that the corporate information we hold about you is accurate and current. Please keep us informed if your data changes during your relationship with us.

Privacy Policy Table of Contents
1. What information do we collect?
2. How do we use your information?
3. Will your information be shared with anyone?
4. Do we use cookies or other tracking technology?
5. How long do we keep your information?
6. How do we keep your information safe?
7. Do we collect information from minors?
8. What are your privacy rights?
9. Controls for Do-Not-Track (“DNT”) Features
10. Do California residents have special rights?
11. Do we update this policy?
12. How can you contact us about this policy?


1. What information do we collect?
Information automatically collected
In Short: Some information - such as IP address and/or browser and device characteristics - is collected automatically when you visit our Sites or Apps.

We automatically collect certain information when you visit, use or navigate the Sites or Apps. Most importantly, all activity on our site is in relation to a corporation. Individuals interact with our platform only in the context of the corporation, never in an individual capacity. We do not share information amongst visitors=. In addition, this information is not intended to reveal your specific identity but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Sites or Apps and other technical information. This information is primarily needed to maintain the security and operation of our Sites or Apps, and for our internal analytics and reporting purposes.

We also seek to enhance user experience through the use of cookies and similar technologies to maintain state and session level information. We do not share any of the data we collect, with anyone or any other party without the express approval of all parties involved. It is possible for two parties (an investor and an originator) may enter into a non-disclosure agreement with each other to mutually share confidential information about each other, provided both parties consent and approve. We do not make lists available to any party at any time. Our services are designed to help institutional investors connect with corporate borrowers.

Information collected through our Apps
In Short: We may collect information regarding your geo-location, mobile device, push notifications, when you use our apps.

If you use our Apps, we may also collect the following information:

Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device's settings.

Mobile Device Access. We may request access or permission to certain features from your mobile device, and if you wish to change our access or permissions, you may do so in your device's settings.

Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.

Information collected from other sources
In Short: We may collect limited data from public databases, marketing partners, and other outside sources.

We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties, to expedite the completion of required forms. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including address, number of employees, financial and legal news articles, numbers of years in business, and paid listings (such as sponsored links).

2. How do we use your information?
In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use corporate information collected via our Sites or Apps for a variety of business purposes described below. We process your information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:
• To protect our Sites. We may use your information as part of our efforts to Keep our Site safe and secure (for example, for fraud monitoring and prevention).
• To enforce our terms, conditions and policies.
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.

3. Will your information be shared with anyone?
In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.

We may process or share data based on the following legal basis:

Consent: We may process your corporate data for specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your corporate information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, referral, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

4. Do we use cookies or other tracking technology?
In Short: We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.

5. How long do we keep your information?
In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process your corporate information, we will either archive or anonymize it, or, if this is not possible (for example, because your corporate information has been stored in backup archives), then we will securely store your corporate information and isolate it from any further processing until deletion is possible.

6. How do we keep your information safe?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any corporate information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your corporate information, transmission of corporate information to and from our Sites or Apps is at your own risk. You should only access the services within a secure environment.

7. Do we collect information from minors?
In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Sites or Apps, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Sites or Apps. If we learn that corporate information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at the information below.

8. What are your privacy rights?
In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your corporate information. You may review, change, or terminate your account pursuant to its terms at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your corporate information, (ii) to request rectification or erasure; (iii) to restrict the processing of your corporate information; and (vi) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your corporate information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log into your account settings and update your account profile information.
• Upon your request to terminate your account, we will deactivate your account. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites or Apps.

9. Controls for Do-Not-Track (“DNT”) Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to nave data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

10. Do California residents have special rights?
In Short: Yes, if you  are  a resident  of  California,  you  are  granted  specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also Known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) the names and addresses of all third parties with which we snared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Sites or Apps, but please be aware that the data may not be completely or comprehensively removed from our systems.

11. Do we update this policy?
In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of now we are protecting your information.

12. How can you contact us about this policy?
If you have questions or comments about this policy, you may contact us by email at info@finitive.com, or by certified mail to:

Finitive Holdings, Inc.
The MetLife Building
200 Park Avenue, 17th Floor
New York, NY 10166
United States