Privacy Policy 2020-09-02T11:36:26-04:00

ADVANTAGE

PRIVACY POLICY

Last updated: September 27, 2020

Dear user,

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.

Towards assuring you of the security and protection of your Personal Information you provide us when using our Platform Services, we outline below our policy that governs the use of this Platform, to protect your personal data as informed by the requirements of law (the “Privacy Policy”). By accessing and browsing the Platform and/or using our Services, you are agreeing to be bound by and affirm that you are conversant with our Privacy Policy, as amended and modified from time to time, and its limitations or qualification. Please read it carefully. Please also note that we may, at our sole discretion, modify or revise our Privacy Policy at any time by updating the text of this page without notice to you, and you are bound by any such modification or revision. You should therefore visit this page periodically to review our Privacy Policy. Your continued access, use and/or browsing on this Platform following the posting of changes to the Privacy Policy means you accept those modifications or revisions.

Advantage, may process your Personal Information outside of the United States. Each of the countries in which Advantage has a presence, has differing privacy laws offering different levels of protection for your Personal Information. Our Privacy Policy reflects these varying practices and we will act in accordance with this Privacy Policy in all jurisdictions we operate in by providing your Personal Information in any jurisdiction, in accordance with this Privacy Policy.

Information We May Collect From You

By using the Platform and its related sites, Services and/or registering for an Advantage account (your “Account”), you expressly consent to our collection, use, disclosure, and retention of your Personal Information as described in this Privacy Policy.

This Privacy Policy is effective immediately and is incorporated by reference into, and a part of our Terms of Use, which governs your use of our Platform in general.

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.

You may choose to provide us with access to certain Personal Information stored by third party websites. The Personal Information we have access to varies by website and is controlled by your privacy settings on that website and your consent.  By associating an account managed by a third party with your Account and authorizing Advantage to have access to this content, you agree that Advantage may collect, use and store content from these websites in accordance with this Privacy Policy.

Use

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;
  • prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our Terms of Use;
  • 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;
  • contact you, for the purposes provided in this Privacy Policy, any other of our policies or for whatever reason, at telephone numbers we have collected, by placing a voice call or through text (SMS) or e-mail messaging, as authorized by this Privacy Policy; and
  • 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.

Marketing

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;
  • other business entities, should we plan to merge with or be acquired by a given business entity. (Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your Personal Information. If your Personal Information will be used contrary to this Privacy Policy, you will receive prior notice.).

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.

Cookies

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:

  • we offer certain features that are available only through the use of cookies and are therefore one of the primary ways in which we announce a new feature that was added since the last time you visited our Platform;
  • we use cookies to help identify you, track information about you and maintain your signed-in status;
  • 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.).

Most web and mobile phone browsers or Flash players have functionalities that can be set to block or refuse the use of cookies. However, refusing a cookie may, in some instances, hinder or curtail your user experience on our Platform or certain areas of it.

Clear GIFs

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

We and our users do not tolerate spam. Make sure to set your Advantage communication preferences so we communicate to you as you prefer. To report Advantage-related spam or spoof e-mails to Advantage, please forward the e-mail to info@advantage.com. You may not use our communication tools to send spam or otherwise send content that would violate our Terms of Use. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks, and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools.

Phishing

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.

You can see, review, and change most of your Personal Information by signing on to Advantage. Generally, we will not manually modify your Personal Information because it is very difficult to verify your identity remotely. You must promptly update your Personal Information if it changes or is inaccurate. Upon your request, we will close your Account and remove your Personal Information from view as soon as reasonably possible, based on your Account activity and in accordance with applicable law. We do retain Personal Information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.

How we protect and store Personal Information

Throughout this Privacy Policy, we use the term “Personal Information” to describe content that can be associated with a specific person and can be used to identify that person. We do not consider Personal Information to include content that has been made anonymous so that it does not identify a specific user.

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.

We take steps to ensure that the Personal Information we collect is accurate and up to date, and we provide you with the opportunity to update your content through your Account profile settings. We retain content as long as it is necessary and relevant for our operations or for as long as is expressly agreed between you and us. In addition, we may retain Personal Information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Use and take other actions permitted by law.

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.

Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of Personal Information we collect from you. If you disclose your Personal Information to others, whether they are users on our Platform or other sites throughout the Internet, different rules may apply to their use or disclosure of your Personal Information you provide to them. When you click links and banners on our Platform that take you to third party websites, you will be subject to the third parties’ privacy policies. Advantage does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your Personal Information to others.

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.

California Residents

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 California Constitution establishes the overarching inalienable rights of the state’s residents, which includes the right to privacy. CalOPPA was the first law in the United States requiring online business establishments to provide a privacy policy.

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.

For the avoidance of doubt, and as provided in our Terms of Use, our Platform and Services are not to be used by persons under 18 years of age. You hereby represent that you are over the age of 18.

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.

Contact Us

If your privacy questions are not answered online, you may write to us using the Contact Us form, or e-mail us at info@advantage.com.

Effective Date: August 27, 2020.