Effective as of December 12, 2018
The Information We Collect and Receive
In the course of operating the Site and the Service, we will collect (and/or receive) the following types of information. You hereby authorize us to collect and/or receive such information.
During the registration process for the Service, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information may include your name, business address, business e-mail address, business phone numbers, employer name, job title, and other identifying information. We do not collect any Personal Information from you when you visit the Site unless you provide us with the Personal Information voluntarily (for example, by commencing the registration process, or sending us an email).
As a Master User, and in some cases, depending upon your permissions, as a Registered User, you may be required to provide us with information about the Capital Seeker or Capital Provider (each, a “Business”) that you represent (“Business Information”). Business Information may include, without limitation, a description of the business conducted by the Business; the relevant industry; the Business’s address; the Business’s website(s); and the Business’s ownership type (public or private).
Depending on your intended use of the Service (as a Capital Seeker or as a Capital Provider), you will also be required to provide us with information about the potential transaction(s) that you are seeking to make via the Service (the “Transaction Information”). In the case of a Capital Seeker, the Transaction Information may include, without limitation, a description of the financing sought; type of capital sought (e.g., line of credit, secured term debt, unsecured term debt); the total amount sought; and other relevant financial information. In the case of a Capital Provider, the Transaction Information may include, without limitation, the Capital Provider’s preferences (economic, credit, and otherwise) regarding what type of Transactions would be a good fit for the Capital Provider.
We or our service providers may collect additional information (collectively, the “Other Information”). Such Other Information may include:
Additional information about yourself that you voluntarily provide to us, such as your product and service preferences.
Additional information that we automatically collect when you use the Service, including, without limitation:
If you do not want us to deploy cookies in your browser, you can opt out by setting your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. If you choose to disable cookies in your browser, you can still use the Service, although your ability to use some of the features may be affected.
We may also use clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on Site pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about usage of our Site. We and our third party service providers also use clear GIFs in HTML emails to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org
Additional information that we collect or receive from third-party sources in accordance with their privacy policies.
How We Use and Share the Information
We use the Personal Information, Business Information, Transaction Information, and Other Information (collectively, “Information”) to provide you with access to the Site and the Service, solicit your feedback, for marketing purposes, including to market our products and services to you, and to improve our services to you. Also, we may share Information as described below, to the extent not prohibited by applicable federal and state laws, rules, and regulations.
To ensure that our users are maintaining the confidentiality of other users’ Information, the Supplemental Agreements contain express confidentiality obligations. In addition to users’ consent to the Supplemental Agreements at the time of registration, we require users to affirmatively consent to the confidentiality obligations set forth in the Supplemental Agreements each time they log into the Site.
Sharing of Your Information with Non-Affiliated Third Parties
We will not share your Personal Information with non-affiliated third parties that may use such information to market to you, without obtaining your opt-in consent. For example, we may offer you a product opportunity that requires us to share your Personal Information with non-affiliated third parties that may use such information to market to you. We will obtain your opt-in consent to such sharing of your Personal Information when we present you with the terms of such offer. If you have opted-in for this kind of sharing, then you may: (i) choose to opt-out of such sharing by contacting us at firstname.lastname@example.org; or (ii) request certain information regarding our disclosure of such information to such non-affiliated third parties by contacting us at email@example.com. Further, if you would like to opt-out of our sharing of your Information with our affiliates so that such affiliates can use your Information to market to you, please contact us at firstname.lastname@example.org.
How We Protect Your Information
Accessing and Modifying Personal Information and Communication Preferences
You may access, review, and make changes to your Personal Information, Business Information, and Transaction Information by following the instructions on your own profile page, or the Business Profile. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any CAPX marketing communication. Registered Users (including Master Users) cannot opt out of receiving transactional e-mails or other communications related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases.
Important Notice to Non-U.S. Residents
The Site and our servers are operated in the United States. Please be aware that your Information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Site and/or Service, you do so at your own risk.
Under California Civil Code Section 1798.83, California residents who have an established business relationship with CAPX may choose to opt out of our sharing your Personal Information with third parties for those third parties own direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to email@example.com.
In addition, CAPX does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
How to Contact Us
CAPX Terms of Service
Welcome to CAPX, where we are dedicated to transforming how companies find and get financing. CAPX is not a financial institution, but we have years of experience that has given us powerful insights to make the corporate finance process uniform, efficient and transparent. Please explore our site to find out more about what we do, and feel free to email us at firstname.lastname@example.org to learn more.
The following Terms of Service apply to your use of the CAPX website (www.capx.io), and also include some general information about the services we offer. Our lawyers insist that we include the terms, so we insisted that they let us know what they actually mean. Fortunately, as the publicly available portions of the site only include general information, this is actually pretty simple.
CAPX is a technology company with a platform that helps connect companies with sources of financing. The site features information about us and our services, and is provided to help inform potential users of the services. Unless you register an account with us and enter into separate terms for the use of our platform, that is the only thing you can use it for – to learn more about us. We own all information on the site and, if you send us any suggestions about the site or service, we can use them however we choose (and what we will choose is to try to make the site and the service better).
General Terms of Service
Last Updated: November 27, 2018
CAPX, LLC, d/b/a as CAPX ("CAPX") licenses a proprietary, cloud-based platform that helps connect companies seeking capital (“Capital Seekers”) with financial institutions ("Capital Providers") as further described below (the “Service”). These Terms of Service (the "Terms"), including any Supplemental Agreements (as defined below) applicable to you, are a legally binding agreement between you and CAPX. As used in these Terms, “you” and “your” refer to any user of CAPX's website(s), services or applications at www.capx.io (collectively, the “Site”). "We", "us", and "our" refer to CAPX and our directors, officers, employees, contractors, owners, agents, licensors, or licensees. CAPX IS NOT A BANK OR FINANCIAL INSTITUTION AND DOES NOT PROVIDE INVESTMENT ADVICE OR CONSULTING SERVICES TO USERS OF THE SERVICE. WE ARE SOLELY THE PROVIDER OF THE SERVICE DESCRIBED ON THIS SITE.
Our agent for notice of claims of copyright or trademark infringement can be reached as follows:
Attn: Rocky Gor
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.