Privacy Policy

Overview

Thank you for choosing to be part of our community at Finitive LLC (the "Company", "we", "us", or "our"). If you have any questions or concerns about this Privacy Policy, or our practices with regards to your personal information, please contact us at privacy@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 individuals visit our website Finitive.com, mobile application, and use our services, we may receive certain limited personal information about them. We understand that you take your privacy very seriously and we are committed to protecting your personal information and your right to privacy. Please take time to carefully read this privacy notice wherein we describe our Privacy Policy. We seek to explain to you in the clearest way possible what information we, as a data controller, may collect from you and our practices for collecting, using, maintaining, protecting and disclosing that information as well as what rights you have in relation to it. 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”).

Acceptance of Privacy Policy

You acknowledge and agree that by visiting, using or accessing the Apps and/or Sites in any manner, you accept the practices and policies outlined in this Privacy Policy, and you consent to the procedures we employ to collect, use, and share your information as outlined in this Privacy Policy. If you do not consent to any of the terms or procedures described in this Privacy Policy, you should NOT access or use any of the Services.

Updates & Changes to Privacy Policy

We reserve the right to, in the Company’s sole discretion, change, amend or modify the Privacy Policy at any time to reflect changes in our data and information practices. If we modify or update this Privacy Policy, we will post changes and updates on the Apps and/or Sites so that you will always be aware of what information we collect, use and disclose. Even if you do not receive a notification regarding any updates to the Privacy Policy, the amended terms of the Privacy Policy will govern your use of the Apps and/or Sites. You are responsible for reviewing and understanding the Privacy Policy and any modifications to it. Accessing or using the Services in any way following a change to the Privacy Policy indicates your acceptance and consent to the amended policy. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected. The date of the last update of the Privacy Policy is indicated at the top of this Privacy Policy.

What Does This Privacy Policy Cover?

“Personal Information” is all data or information that the Company gathers when you access or use the Services, which can be used to (i) identify you, either directly or indirectly, or (ii) contact you. This Privacy Policy covers our treatment of all Personal Information, including that which you voluntarily submit to us and/or are required to submit pursuant to applicable law, that which is automatically generated and that which we obtain from our partners or other third parties. This Privacy Policy does not cover the practices of companies we do not own or control, or people that we do not manage.

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. California Disclosures
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.

We receive and record certain types of information automatically, such as whenever you interact with or access the Services. For example, we automatically receive and record information from your browser, including your IP address, your geographic location, device type and unique device identification numbers, and technical data collected through cookies (as discussed below), pixel tags and other similar technologies that identify your browser.

“Cookies” are small data files placed on your browser, computer or other devices when you visit certain websites, which are intended to recognize your device when you return to our website or related websites. We use cookies to help us recognize you as a user, collect information about your use of Velocity, and collect information about your computer or other devices. Cookies enable us to better customize our Services and Content for you.

Cookies we place on your browser or device are called “first party cookies.” Cookies set by our partners or other third parties are called “third party cookies.” Cookies set by third parties can recognize your device when you visit the ShortHop website, as well as certain other websites or mobile applications.

Cookies can either be “session cookies” or “persistent cookies.” Session cookies are temporary: they stay on your device only while you are visiting our website or accessing our Services.

“Persistent cookies” stay on your browsing device until they expire or are deleted.

We—and our affiliates and/or service providers—use the following types of cookies:

Essential Cookies: Essential cookies allow you to navigate and use certain features of our Services. For example, certain essential cookies enable you to access secure areas of our Services. Without these cookies, some Services may be unavailable to you.
Functional Cookies: Functional cookies allow us to record your choices and settings regarding our Services. These cookies help us personalize our content for you, greet you by name, and remember your preferences.
Performance/Analytics Cookies: Performance/analytical cookies allow us to understand how you use our Services and website. For example, these cookies register information about the number of visitors to the website, the most frequently-viewed pages on our website and the length of time users view particular pages on our site.


If you choose to prevent or limit your device’s acceptance of cookies on your browser or device, you may not be able to use or access all of our Services. If you do not consent to the placing of cookies on your device, do not access or use our Services.


We may also collect information from publicly available sources. We do not link information obtained from Cookies to other personal information.


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).

Information submitted by you
In Short: We may collect information provided and input by you via our Sites and/or Apps.

We may request certain information from you during the process to complete questionnaires and documentation required to do business with you.

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 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.

As Required By Law: We reserve the right to access, read, preserve, and disclose any Personal Information to comply with law or court order, including to verify your identity, prevent and detect fraud and crime, conduct or cooperate in investigations of fraud or other illegal activity, enforce or apply our Terms or protect the rights, property, or safety of the Company, our employees, our users, or others.

In Annonymized Form: We reserve the right to access, read, preserve, and disclose any Personal Information to comply with law or court order, including to verify your identity, prevent and detect fraud and crime, conduct or cooperate in investigations of fraud or other illegal activity, enforce or apply our Terms or protect the rights, property, or safety of the Company, our employees, our users, or others.


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. You can find additional details regarding cookies above in Question 1.


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, to perform our contractual and legal obligations, and for any applicable statute of limitations periods unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).


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 reasonable and commercially viable physical, technical and organizational security measures designed to protect the security of any sensitive information we process. However, we cannot guarantee that the Internet itself is 100% secure or that all transmission of data over the Internet is completely secure or error-free. Although we will do our best to protect your corporate information, transmission of sensitive information to and from our Sites and/or Apps is at your own risk. You should only access the services within a secure environment.

We cannot guarantee complete security of the sensitive information we hold in our records. For that reason, you acknowledge and agree that you are responsible for safeguarding, protecting—and preventing unauthorized access to—your Personal Information and your account within the Sites and/or Apps. You agree to protect the password for, and any other security information related to, your access to the Sites and/or Apps, to limit access to the computer(s) or device(s) you use to access the Sites and/or Apps, and to sign out of the Sites and/or Apps after you have completed accessing them.

We will not be liable for privacy violations that arise from your errors or negligent use of the Sites and/or Apps or for processes and networks that we do not control and for unauthorized access to information by those who have gained access through unlawful means.

If you suspect that your Personal Information or your access to the Sites and/or Apps has been compromised, contact us immediately at privacy@finitive.com.


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

We do not knowingly solicit data from or market to anyone under 18 years of age. If you are under 18, do NOT attempt to access or use the Services and do NOT send any Personal Information to us. 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 and choices?
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.

It is your right not to disclose Personal Information to us. However, where you fail to provide Personal Information required by law or otherwise required to use the Sites and/or Apps, we may not be able to register you to use or access the Sites and/or Apps.

You have the right, through your access to the Sites and/or Apps, to access and view certain Personal Information you provided to us, including your name and password, your email address, your transaction history and information relating to your use of the Sites and/or Apps.

European Privacy Rights and Choices

If you reside or otherwise find yourself in the territory of Europe, we are committed to facilitate the exercise of your rights granted by the European data protection laws. Otherwise you can contact us at any time to discuss your privacy concerns.

Privacy rights under the European data protection law include:

• Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or need additional information you can contact us any time.
• Right of access, restriction of processing, erasure. You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal, ethical and contractual obligations. To make a request or to ask us a question about our data practices, please contact us via email at privacy@finitive.com.
• Right to withdraw your consent at any time. When we process your personal data based on your consent, you have the right to withdraw it at any time.
• Right to object at any time. You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in commercial e-mails or by contacting us, as well as the right to object to any processing of your personal data based on your specific situation. In the latter case, we will assess your request and provide a reply in a timely manner, according to our legal and contractual obligations. Some non-marketing communications are not subject to a general opt-out, such as communications about transactions and disclosures to comply with legal or ethical requirements.
• Right to data portability. You have the right to data portability of your own personal data by contacting us.
• Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your personal data that may negatively impact you.
• Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according the European Privacy regulation, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement. 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 and/or Apps.


9. California Disclosures
In Short: If you are a resident of California, you are granted specific rights regarding access to your personal information.

California Information-Sharing Disclosure: California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by email to privacy@finitive.com with “California Privacy Rights” in the subject line.

California Right to Object. If you are a California resident, to the extent provided under California law, you may object in writing to the sale or other sharing of your personal information, and we will refrain from doing so without an economic impact on you, except to the extent, if any, that our inability to make use of your data impacts the economic value of our business relationship.

California Do Not Track Disclosure: We do not currently recognize or respond to browser-initiated Do Not Track signals as there is no consistent industry standard for compliance. Depending on the browser you are using, you may be able to choose to block third party cookies or browse in a private browsing mode. The Sites and/or Apps are accessible even when private browsing is turned on. The information we collect is governed by this Privacy Policy.


10. Information about International Transfers

The Company is located in, and the Sites and/or Apps are administered from, the United States. If you are visiting our Site from outside the United States, please be aware that your information will be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country. By visiting our Sites and/or Apps or using our services, you understand that your information will be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.


11. Links to Other Sites

We may include links to third party sites on the Sites and/or Apps. The inclusion of any link does not imply that we endorse the products and services offered at such linked site. These third party sites have separate and independent privacy policies which we encourage you to review. We therefore have no responsibility or liability for the content and activities of these linked sites.


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 privacy@finitive.com, or by certified mail to:

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

Last Updated: 18 July 2019