Last updated: September 27, 2020
Advantage Platform Services Inc., its subsidiaries and affiliates, as applicable (collectively, “Advantage” or “we” or “us” or “our”), appreciate your business, visit to, and use of our website and related website(s) (collectively, the “Platform”). The Platform is an interactive site which enable users (collectively, the “user” or “users” or “you” or “your” or “yourself”) to (i) find merchant cash advance products and opportunities, (ii) apply for merchant cash advances from Advantage, and (iii) communicate with (collectively, the “Services“).
As a visitor to our Platform and user of our Services, we consider the privacy of the information you provide that is relevant to the Serviced we provide to you information (collectively, your “Personal Information”), whether corporate or personal, to be of paramount importance and at the top of our priorities. Information we gather from you as a user, not only facilitates interactions and transactions between us and you and other users, but also helps us continually improve your Platform experience.
Information We May Collect From You
You can browse our Platform without telling us who you are or revealing any Personal Information about yourself. If you register for an Account with us, you give us your Personal Information, and you are not anonymous to us. If you choose to provide us with Personal Information, you consent to the transfer and storage of that content on our servers located in the United States and with respect to our affiliates, elsewhere in the world where we have a presence.
When you visit our Platform or use our Services, we collect content sent to us by your computer, mobile phone, or other access device. This content is not associated with you personally unless you sign in as a registered user.
We collect the following types of Personal Information in order to provide you with the use and access to our Platform and our Services:
- Personal Information you provide to us such as your name, title, date of birth, home and/or business address (billing (if applicable) and/or mailing address), e-mail address, home and/or business phone number, mobile telephone number, wireless and/or fax number, physical contact information, and (depending on the Service used) sometimes financial information, such as credit card, debit card or bank account numbers;
- other content, personal or otherwise, such as interests or preferences, Platform use history and marketing preferences, that you provide to us through questionnaire, correspondence, chats, dispute resolution, or content shared by you on the Platform or from other social applications, services, or websites;
- additional Personal Information we ask you to submit to authenticate yourself or if we believe you are violating our Platform policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity);
- content from your interaction with our Platform, Services and advertising, including, but not limited to, web logs, device ID, device type, geo-location content, computer and connection content, statistics on user behavior, page views, traffic to and from the Platform, ad data, IP address and standard web log content; and
- details of interactions and transactions you carry out through our Platform, and any communications by telephone, in person or by any other means relating to those transactions, which may include recording certain telephone conversations, for example relating to live bidding.
Sharing of Information and Registration with Social Media Platforms
We offer sign-on Services that allow you to use third party login credentials to access our Platform.
Our primary purpose in collecting Personal Information is to provide you with access to our Platform and our Services, and provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your Personal Information to:
- where applicable, process transactions between you and us;
- process data internally, for instance compile statistical content about your interests and that of other users in relation to the Services on our Platform, whether for marketing or sale to third parties with a view to monetization;
- provide you with content, Services that you request from us or which we believe would interest you in a way that is targeted and relevant;
- provide access to our Platform and the Services and user support you request;
- carry out contractual obligations based on agreements entered between you and us;
- resolve disputes and troubleshoot problems;
- customize, measure, and improve our Services, content, and advertising to ensure you have a better user experience on our Platform;
- tell you about our Services and those of our corporate family, as well as changes to them;
- advise you of forthcoming new Services, products and promotional offers;
- deliver targeted marketing, Service updates, and promotional offers based on your communication preferences;
- compare content for accuracy, and verify it with third parties;
- provide you other Services requested by you as described when we collect your Personal Information.
Please note that if the e-mail address you provide to us is a wireless e-mail address, and you have elected to receive promotional messages from us, you agree to receive messages at such address from us, unless and until you have elected not to receive such messages by following the instructions in the marketing section below. You understand that your wireless carrier’s standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the marketing section below. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
We do not sell, trade or lease your Personal Information to third parties for their marketing purposes without your explicit consent. We may combine your Personal Information with content we collect from other companies and use it to improve and personalize our Services, content and advertising.
Please note that we work with external sources to include sponsorship, advertisement, and promotion of our Services on the Platform.
If you do not wish to receive marketing communications from us, you can indicate your communications preference in your Account, or within direct communication channels with us including through means we may seek to contact you such as e-mail, text, SMS or any other messaging service, telephone, fax and by post.
Our Disclosure of Your Information
We disclose Personal Information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We also share your Personal Information with:
- our affiliates to provide joint content and Services (like registration, transactions, and user support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, sites, applications, tools, services and communications. We shall use this content to send you marketing communications only if you have requested our Services and will use your Personal Information in compliance with our Privacy Policies and our global privacy standards;
- service providers and other third parties that provide products or services for or through our Platform or for our business (such as website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such content on our behalf) under contract who help with our business operations (such as, but not limited to, fraud investigations, bill collection, insurance service providers, affiliate and rewards programs, site operations, and co-branded credit cards);
- other third parties to whom you explicitly ask us to send your Personal Information (or about whom you are otherwise explicitly notified and consent to when using a specific Service);
- law enforcement, governmental agencies, authorized third parties, judicial proceedings, including a valid court order in relation to litigation or in response to a verified request relating to criminal investigations or alleged illegal activity or any other activity that may expose us, you, or any other Platform user to legal liability. In such events, we will disclose content relevant and necessary to the investigation, inquiry or court proceedings, such as name, city, state, ZIP code, telephone number, e-mail address, user ID history, IP address, fraud complaints, Platform use history, and anything else we may deem relevant in that regard;
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your Personal Information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Further, other than as set forth above, you will receive notice when content about you might go to third parties, and you will have an opportunity to choose not to share your Personal Information.
Information You Share on our Platform
Your user ID is not displayed throughout the Platform (and so is not available to the public), although for our internal purposes and out of the public eye, it is connected to all of your Advantage activity. Notices sent about suspicious activity and policy violations on our Platform refers to user IDs and specific items. So if you associate your name with your user ID, the people to whom you have revealed your name will be able to personally identify your Advantage activities.
If you access our Platform from a shared computer, a computer in an Internet café or another person’s mobile phone, certain content about you, such as your user ID, activity, or reminders from Advantage, may also be visible to other individuals who use the computer or mobile phone after you.
You agree that you will not post inappropriate, false or misleading information on the Platform and will not infringe upon the intellectual property rights of any third party while using the Platform. You agree that you shall not take part in knowingly or wrongfully (i) infringing upon any intellectual property owned by a third party on or in relation to the use of Platform, or (ii) authoring any information on or in relation to the Platform that is inaccurate or harmful. You are responsible for reporting to us any knowledge of these actions by any individual on the Platform.
We use “cookies” (small data files placed within your computing device) on certain of our pages to help analyze our Platform page flow; customize our Services, content and advertising; measure promotional effectiveness, and promote trust and safety. Cookies track your movement on our Platform, including what you view, your transactions and what you purchase. They essentially serve to improve and personalize your experience on our Platform.
A few important things you should know about our use of these technologies are:
- most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session;
- you are always free to decline our cookies if your browser permits, although doing so may interfere with your use of our Platform or Services;
- you may encounter cookies from third parties, known as service providers, that we have allowed on our Platform that assist us with various aspects of our Platform operations and services; and
- you also may encounter cookies from third parties on certain pages of our Platform that we do not control and have not authorized. (For example, if you view a Platform page created by another user, there may be a cookie placed by that page.).
We may use “clear GIFs” (also known as “web beacons” or “pixel tags”) or similar technologies, in the Platform and/or in our communications with you, to enable us to evaluate Platform usage content about visitors to our Platform, target campaigns, upgrade visitor content, and know whether you have visited a Platform page or received a message. A clear GIF is typically a one-pixel transparent image (although it can be a visible image as well), located on a Platform page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet thus enabling the verification of an individual’s viewing or receipt of a Platform page or message. A clear GIF may enable us to relate your viewing or receipt of a Platform page or message to other content about you, including your Personal Information.
IP Address and Clickstream Data
Our server automatically collects data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. When you request pages from our Platform, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather statistic content about our users as a whole. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on our Platform; the website or mobile application you visit after our Platform; the ads you see and/or click on; other content about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Platform or a referral site; and other web usage activity and data logged by our web servers. We use this content for internal system administration, to help diagnose problems with our server, to administer our Platform, and to customize your user experience. Such content may also be used to gather territorial content, such as state and Internet service provider. We may link this content with your Personal Information.
Any or all of these activities with regard to Platform usage content may be performed on our behalf by our services providers, including, for example, our analytics vendor(s) and our e-mail management partner(s).
No Spam, Spyware or Spoofing
With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the website requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive content is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as “phishing.”
If you receive an e-mail or other correspondence requesting that you provide any sensitive content (including your Platform password or credit card content) via e-mail or to a website that does not seem to be affiliated with our Platform, or that otherwise seems suspicious to you, please do not provide such content, and report such request to us.
Accessing, Reviewing and Changing Your Personal Information
Your password is the key to your Account. Use unique numbers, letters, and special characters, and do not disclose your Advantage password to anyone. If you do share your password or your Personal Information with others, remember that you are responsible for all actions taken in the name of your Account. If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Advantage and change your password.
How we protect and store Personal Information
We store and process your Personal Information on our computers in the United States and elsewhere in the world where we have a presence. We protect your content using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and content access authorization controls.
Although we try our best to protect the security and integrity of your Personal Information against both unauthorized physical and electronic access, we cannot and do not guarantee your Personal Information or other content is entirely safe from unauthorized intrusion, access or manipulation.
We will make your sensitive Personal Information available to our employees and agents on a need-to-know basis. Nonetheless, we will have no liability for disclosure of Personal Information or other content to anyone due to errors or unauthorized acts of third parties during or after transmission. In any event, where we believe personal data has been compromised, we will notify you of this.
Please note that it is important for you to protect against unauthorized access to your password and your computer. You agree to (a) immediately notify us of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session, especially where you are accessing our Platform on a public computer. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your Account, and notify us when you desire to cancel your Account on our Platform. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Right to a Copy
You have a legal right to request and obtain a copy of your Personal Information we hold about you. This includes information on how this will be used and to ensure this information is accurate. You may review and edit the Personal Information that is stored in your Account on our Platform. You may send us new or updated Personal Information at any time. Taking into account the foregoing, we will endeavor to respond to your request to access, update or delete your Personal Information as soon as practicable. Before we are able to provide you with any content, correct any inaccuracies or delete any content, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. In addition, you have the right to request access to the Personal Information that we hold about you at any time.
A. Privacy Rights
California residents have comprehensive privacy rights enshrined in (i) the California Constitution, (ii) the California Online Privacy Protection Act (CalOPPA), (iii) the Privacy Rights for California Minors in the Digital World Act, (iv) the Shine the Light Law, and (v) the California Consumer Privacy Act of 2018 (CCPA).
The privacy rights in the other California laws are explained under the headings below.
B. The Shine the Light Law
Under the Shine the Light Law, Cal. Civ. Code § 1798, California residents have the right to request information once a year regarding the sharing of their personal data with third parties for direct marketing purposes or to opt-out of information sharing practices of the business in question holding their personal information.
Where a business holding California resident-user information has no opt-out options for users or does not meet the threshold for a business that the law applies to, the law endows residents with the right to: (i) know details of the information the business provided to third parties for direct marketing purposes, and (ii) the name and list of all third parties that where in receipt of the user’s personal information.
We may be subject to the Shine the Light Law. Where it is deemed that we qualify to be subject to the Shine the Light Law, and in the event that we are, we shall endeavor to provide you with the relevant information on the use of your Personal Information for third-party direct marketing purposes, in accordance with the law.
More information is available at these resources: Cal. Civ. Code § 1798/Shining the Light on California. If you would still like to know more about your rights as a California resident, or if you would like to request information about our use of your Personal Information in accordance with the Shine the Light Law, you can contact us using the contact details provided below.
C. Privacy Rights for California Minors in the Digital World Act
Cal. Bus. and Prof. Code § 22581 gives any minor, being a person under the age of 18, residing in California the right to request and obtain the removal of any information that they have made available through a public site. However, in the event that this applies to Advantage, please be aware that removal of public information by us does not guarantee that the information has not already been made or will be made available elsewhere.
To request the removal of your information contact us using the contact details provided below.
D. California Consumer Privacy Act
The CCPA is the most recent Californian law on privacy to go into effect. It went into effect on January 1, 2020. This law applies to any business that (i) sells the personal information of 50,000 California residents annually, or (ii) that has an annual gross revenue exceeding $25 million, or (iii) derives more than 50% of its annual revenue from sales of the personal information of California residents.
Under the CCPA, California residents have the right to: (i) receive notice of a company’s practices surrounding the collection, use, sale and sharing of their personal information, (ii) know what personal information has been collected about the resident and the right to receive a copy thereof, (iii) deletion upon request, of personal information that a company has collected and retained on a California resident, (iv) opt-out of the collection of a California resident’s personal information by a company that sells such information, (v) opt-in for minors, if a company has active knowledge that the California resident is a minor or willfully disregards age, and (vi) non-discrimination of California residents that have exercised their rights under the CCPA.
We may be subject to the CCPA. Where it is deemed that we qualify to be subject to the CCPA, and in the event that we are, we shall endeavor to provide you with the relevant information on the use of your Personal Information, in accordance with the law.
More information is available at these resources: https://oag.ca.gov/privacy/ccpa. If you would still like to know more about your rights as a California resident, or if you would like to request information about our use of your Personal Information in accordance with the CCPA, you can contact us using the contact details provided below.
If your privacy questions are not answered online, you may write to us using the Contact Us form, or e-mail us at firstname.lastname@example.org.
Effective Date: August 27, 2020.