IMPORTANT PRIVACY NOTICE
Collection of Information
EquityBender collects non-personally identifiable information from you regarding your usage of our Portal (“Non-Personally Identifiable Information”). Non-Personally Identifiable Information may include, without limitation, website pages, videos, articles and presentations viewed, the amount of time spent using certain features of the Portal, demographic data such as server location, frequency of visits, cookies existing on your computer, search criteria used and results, date, time, the last website you visited prior to visiting the Portal, location of services, connection speed and other information which does not specifically identify you. We collect this information by using technology including, but not limited to, first part cookies and log files. “Cookies” are pieces of information that may be placed on your computer by a website for the purpose of facilitating and enhancing your communication and interaction with that website. You may stop or restrict the placement of our cookies on your computer by adjusting your web browser preferences. If you do so, you may still use our Portal, but this may interfere with some of its functionality. We do not represent, warrant or guarantee that any third-party vendor plugins will be fit for purpose and free of any errors or defects. Your use of any third-party plugins is done at your own risk. We reserve the right to change vendors at our sole discretion without prior written notice. SEC Regulation S-P requires us to provide a statement to you once each year regarding the use of your nonpublic financial information. We strongly believe in protecting the confidentiality and security of personal information we collect from you.
We also collect information from you when you sign up for an account, fill in forms on the Portal, or send us and email through the Portal which may enable us to identify you personally, such as your email address, postal address, telephone number, mobile number, age, date of birth, Internet protocol address (“IP address”) or physical address (“Personally Identifiable Information”). Once a company posts an offering on the Portal, certain information about the offering will be visible to users.
Use of Information
You consent to our use and disclosure of any information submitted to us via Portal, or information collected when you access the Portal in any manner permitted by law, and you acknowledge that you have no expectation of privacy, confidentiality or privilege in such information.
EquityBender will use Non-Personally Identifiable Information and Personally Identifiable Information must be supplied during the investor registration processes in order to (a) enable registered users to login to the Portal, (b) determine investors’ eligibility to invest in offerings posted on the Portal, (c) verify your identity, (d) guard against potential fraud. Certain personal information must be supplied during the investor registration process or prior to making an investment in order to (a) enable you to log in to the Portal, (b) establish your eligible investor status, (c) verify that you are at least 18 years of age, (d) guard against potential fraud, (e) contact you if there is a problem with your account, (f) complete certain educational requirements, and (g) maintain regular communications with you as may be necessary to inform you of upcoming investment opportunities, Portal updates and required disclosure and updated mandated by law. This information may include your name, email address, home address, phone number, date of birth, social security number and/or tax identification number, employer, and job title, your bank routing number and bank account number. We may provide any of these services through third parties, such as escrow agents and technology service providers, which may necessitate sharing Personally Identifiable and Non-Personally Identifiable Information with them. We will disclose Non-Personally Identifiable Information and Personally Identifiable Information to third party service providers to facilitate transactions on the Portal.
We may also use and disclose Personally Identifiable and Non-Personally Identifiable Information: to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our Portal or network; to protect and defend our rights or property or the rights or property of others; as required by courts or administrative agencies; and in connection with a financing, sale, merger, or reorganization of our business or assets. Any successor in interest to our business would acquire the information we maintain, including Personally Identifiable Information, and may alter the terms of this Privacy Notice.
Third Party Websites and Services
The Portal contains links to other websites and services not maintained by EquityBender. In addition, other websites and services may also reference or link to the Portal. We encourage you to be aware when you enter or leave our Portal, or surf the Internet, and to read the privacy statements of each websites and service that you visit. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, other websites or services.
We may send you e-mail communications with updates and marketing materials. If you prefer not to receive e-mails from us, you may unsubscribe completely by emailing us at: [email protected] to unsubscribe. Please note that opt-out requests may take up to four business (4) days to process. You are permitted to change your email address, password, name and biography at any time by accessing your profile page. We do not permit users to delete their account entirely but instead to designate it as inactive. Once an account is designated as inactive, the user can no longer login into the Portal but the existing activity that was already made public will remain visible.
You may also clear cookies from your computer via your web browser settings. You may also wish to use a Google Analytics opt-out browser add on. Information on this option is available at: https://tools.google.com/dlpage/gaoptout
We are not responsible for removing your Personally Identifiable Information from the lists of any third party who has previously been provided your information in accordance with this notice.
When you register on our Portal you will receive emails that confirm specific actions you requested. These notifications are typically sent to notify you of a change in status, or for legal or security purposes. For example, you will receive notifications confirming your registration, the successful verification of email addresses and bank accounts, and the successful submission of investment orders; you will receive notifications regarding certain changes to legal agreements and privacy disclosures; and you will receive progress updates on the status of investment orders. These are transactional notifications that you generally cannot opt out of receiving. We may also send you responses to emails you send us, if appropriate or applicable. From time to time, we will also send user surveys, requests for user feedback regarding user experience and Portal operations, newsletters, event notifications, or marketing offers from us or from us on behalf of our marketing partners.
EquityBender is not responsible for any personal information that investors may choose to reveal about themselves in their screen names, funding requests, or blog/forum posts. If you use our interactive forum on this Portal, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of this forum, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in this forum or through the Portal.
We use our commercial reasonable best efforts to secure access to Personally Identifiable Information in our possession, but will not be liable for any failure to safeguard such information, whether inadvertent or otherwise. Personally Identifiable Information is also stored with third parties who have informed us that they also use reasonable efforts to secure access to Personally Identifiable Information, but we will not be liable for the failure of any third party to safeguard Personally Identifiable Information, whether inadvertent or otherwise. We can provide no guarantees that our scurrility measures will be adequate or effective and prevent the growing trend of cybercrimes which have been committed against larger more advanced financial institutions in recent years.
The Portal is not intended for use by children or teenagers, especially those under age 18. No one under age 18 is allowed to use the Portal, provide any personal information or receive our email distributions. We do not knowingly solicit or collect Personally Identifiable information from children or teenagers under the age of eighteen. If you believe that a minor has disclosed Personal Information to EquityBender, please report this to us by emailing info to [email protected].
Changes to Notice
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this notice at any time. Any changes or updates will be effective immediately upon posting to the web Portal. You should review this notice regularly for changes, and can determine if changes have been made by checking the Effective Date below. Your continued use of our Portal following the posting of any changes to this notice means you accept such changes.
Equity Bender’s Security Policy
EquityBender takes steps to safeguard your personal information through vigorous physical, electronic and operational policies and practices. Data can only be read or written through defined service access points, the use of which is password-protected. The physical security of the data is achieved through a combination of network firewalls (there is no direct communication allowed between the database server and the Internet) and servers with hardened operating systems are all housed in a secure facility. Access to the system, both physical and electronic, is tightly controlled and limited to only those employees or third parties who have a need to know. We do not allow visibility of your Social Security number, bank account information, or credit card information via the Portal. Further, we also equip our servers with Secure Socket Layer (SSL) certificate technology to ensure that when you connect to our Portal you are actually on our Portal. SSL also ensures that all data entered into the Portal are encrypted. To verify that SSL is being used, look for the key or padlock icon on your browser.
Although EquityBender has a stringent process in place to prevent fraudulent persons from using stolen identities to acquire loans, there are still limited times when identity theft occurs. EquityBender will work with law enforcement authorities to track down and prosecute persons who have committed identity theft.
At a minimum, we require the use of both numbers and letters in your password. We have also instituted secure steps by which you can regain access to your account should you forget your password, including the use of a security question. Your password is not known to any employee or third party with whom we may partner, and we will never ask for your password as a means of identifying yourself. You should never share your password with anyone, and if you ever receive an email purporting to come from EquityBender that asks for your password, you should immediately report this development.
In addition to our own substantial efforts, you can take several precautions to protect the security of your computer and personal information. For instance, you can start by using a well-chosen password. You should avoid using any information that others can easily learn about you, such as a family member’s name or birthday, and you can also use special characters in place of letters. In addition, we recommend that you change your password frequently.
You can install and regularly update antivirus and firewall software to protect your computer from external attacks by malicious users. When you are finished with a session on our Portal, be sure that you log out and close the browser window.
To protect your account, we send automatic notifications confirming certain actions taken on your account, such as changes to a password or external linked account. We do this for your own protection so that you can be sure no one else is making changes to your account without your knowledge. However, the security offered through these notifications can be undermined if other people have access to your email account. Therefore, you might consider restricting access to the email account you registered with on this Portal and/or changing your password on that email account frequently.
If you use a computer that is accessed by other people, such as in a public library or Internet cafe, we recommend that you take special precautions to protect the security of your Account and personal data. When you are finished using our Portal, you should log out completely, then close the browser window and clear the browser’s cache files.
You should also be aware of fraudulent attempts to gain access to your account information known as "phishing." Phishing is a tactic used by scammers in which unsuspecting people are brought to a website by a genuine-looking email purporting to be from a legitimate company. The phony or "spoof" email takes the person to a website that looks legitimate but in fact is not. Either in the email itself or on this fake Portal, scammers will ask for login information to gain access to people’s accounts and withdraw their money.
EquityBender will never ask you for your login information in the context of any email. In general, you can protect yourself against phishing by never providing personal or login information via an email—instead, go the portal directly. You might also make it a habit to check the URL of a website to be sure that it begins with the correct domain. In the case of EquityBender, you should always ensure the URL begins with http://www.EquityBender.com/.
Compliance with State and Federal Laws
Changes to This Policy
For additional information, or if you have any questions regarding this policy or the privacy practices at EquityBender, please submit your questions or comments directly to [email protected] via email. Any personal information you submit will be used solely to respond to your requests.
Applicable Law and Jurisdiction
The Portal is maintained in the United States of America. By accessing the Portal, you authorize the export of Personally Identifiable Information to the USA and its storage and us as specified in this Privacy Notice.
This Privacy Notice shall be governed by, construed and entered in accordance with the laws of the State of New York applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof. All disputes with respect to this Privacy Notice shall be brought and heard either in the New York State Courts located in New York City, or the federal district court for the Southern District of New York. You consent to the in personam jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
This Privacy Notice was last updated on August 30, 2016.