NEXSEER PRIVACY POLICY

UPDATED JANUARY 27, 2020

1. OVERVIEW

This privacy policy (“Policy”) applies to Nexseer Capital (“NEXSEER,” “we,” “us,” or “our”). We strive to deliver outstanding products and services and value our customers’ business and loyalty. We recognize that privacy is an important issue. We developed this Policy to explain our practices regarding the personal information we collect from you or about you on this website, through written or verbal communications with us, or from other sources. While this Policy broadly describes the practices we have adopted across the United States, local laws vary and some jurisdictions may place restrictions on our collection, use, or disclosure of personal information. Our actual practices in such jurisdictions may be more limited than those described in this Policy to comply with local requirements. If you are a resident of California, please see our California Privacy Notice below for information regarding use of your personal information. Where we have a separate written agreement with you which governs the collection, use, or disclosure of personal information, this Privacy Policy and the California Privacy Notice are subject to the terms thereof.

By accessing or using our websites, submitting information to us, or otherwise agreeing to this Policy, you understand and consent to our collection and use of your personal information as described herein.

Please note that this Policy does not apply to our processing of personal information on behalf of and subject to the instructions of third parties.

2. INFORMATION COLLECTED BY THIS WEBSITE

When you visit and interact with our website, we collect information that does not directly identify you about your use of the site, such as a catalog of the site pages you visit, and the number of visits to our sites (“Site Use Information”). We use Site Use Information to monitor the use of our website. We may also use Site Use Information to allow third-party partners to recognize you as a visitor to our website when you visit the partner’s website or app, or to recognize you as one of their customers when you visit our website so that they may provide more relevant offers to you.

We use cookies and other technologies (such as “pixel tags,” “web beacons,” “clear GIFs”, links in emails, JavaScript, device IDs assigned by Google or Apple, or similar technologies) to collect this information. If you want to remove or block cookies from your device at any time, you can update your browser settings (consult your browser’s “help” menu to learn how to remove or block cookies). NEXSEER is not responsible for your browser settings. You can find good and simple instructions on how to manage cookies on the different types of web browsers at www.allaboutcookies.org.

You can learn more about interest-based advertising and how to opt out of our partners’ and other advertisers’ use of cookies to tailor content or advertising to you by visiting http://optout.networkadvertising.org/#!/ and http://www.aboutads.info/choices.

The information collected by this website also includes information collected through its contact forms including name, e-mail, company, telephone, and message content.

3. DATA RETENTION

We will retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and the applicable legal requirements.

4. INFORMATION SECURITY

We make efforts to protect your personal information from improper or unauthorized loss, misuse, access, disclosure, alteration, or destruction. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

5. THIRD-PARTY LINKS

Our websites or apps may contain links to other websites or apps. We are not responsible for the privacy practices or the content of these other websites or apps. You should read the policy statement of these others websites or apps to understand their policies. When you access a linked website or app, you may be disclosing private information. It is your responsibility to keep such information private and confidential.

6. DO NOT TRACK SIGNALS

At this time, we do not respond to Do Not Track signals or other, similar mechanisms.

7. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy, including the California Privacy Notice, from time to time, in our sole discretion. When we do so, we will post the new Privacy Policy on our website. You should consult this Privacy Policy regularly for any changes. Continued use of services following posting of such changes constitutes your acknowledgement of such changes and agreement to be bound by the changes. If you do not agree, you should immediately discontinue your use of our website and services.

CALIFORNIA PRIVACY NOTICE

Date Last Updated: January 17, 2020

 

1. OVERVIEW

For California consumers, this Notice supplements and supersedes the practices we have adopted globally as described in our Privacy Policy. All defined terms within the California Consumer Privacy Act, including those defined in Cal. Civ. Code § 1798.140, apply for the purposes of interpreting this Notice. This California privacy notice (“Notice”) is effective as of the date last updated, above. Where we have a separate written agreement with you which governs the collection, use, or disclosure of personal information, this Notice is subject to the terms thereof.

Consumers with disabilities may contact us using any of the contact information provided below to receive this notice in an accessible format.

2. YOUR CALIFORNIA PRIVACY RIGHTS

As a California consumer, you have the right to request that we disclose what personal information about you we collect, use, disclose, and sell. More specifically, you have rights to the following without charge.

 

Disclosure of Personal Information We Collect About You

You have the right to know, upon submission of a verifiable request, the categories of personal information we have collected about you, the categories of sources from which we collect personal information, our business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share personal information, if any, and the specific pieces of personal information we have collected about you.

 

We will not retain any personal information about you that was collected for a single one-time interaction if, in the ordinary course of business, that information about you is not retained; not reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; and reserve our right not to provide personal information to you more than twice in a 12-month period.

 

Disclosure of Personal Information Sold or Disclosed for a Business Purpose

In connection with personal information we may sell or disclose for a business purpose, if any, you have the right to know the categories of personal information about you that we sold and the categories of third parties to whom we sold the personal information, and the categories of personal information that we disclosed about you for a business purpose, and the categories of third parties to whom we disclosed personal information for a business purpose.

 

Deletion of Personal Information

Subject to the exceptions set out below, and upon your submission of a verifiable request, you have the right to deletion of your personal information from our records, and to have us direct our service providers to delete your personal information from their records.

 

We are not required to, and reserve our right not to, delete your personal information it if is necessary to complete the transaction for which the personal information was collected; provide a good or service requested by you or reasonably anticipated within the context of our ongoing business relationship with you; otherwise perform a contract between you and us; detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; debug, identify, or repair errors that impair existing intended functionality; exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; comply with the California Electronic Communications Privacy Act; engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent; enable solely internal uses that are reasonably aligned with your expectations based on the your relationship with us; comply with an existing legal or regulatory obligation; and otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Your Right to Opt-Out of the Sale of Personal Information

We do not sell personal information.

 

Children’s Personal Information

We do not knowingly collect personal information from individuals under 18 years of age, and do not sell the personal information of minors under 16 years of age without affirmative authorization.  Our website is available only to individuals and entities that can form legally binding contracts under applicable law. You warrant that you are eighteen (18) years of age or older to use our website. If you do not qualify, you may not use our website.

Freedom from Discrimination

You have the right to not be discriminated against by us if you exercise any of your rights under the California Consumer Privacy Act. This means we cannot do any of the following on the basis of your exercise of these rights: deny goods or services to you; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to you; or suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services. It is not discrimination when we require financial or other information you provide to determine the pricing at which we are able to offer you goods or services.

 

3. PURPOSES FOR WHICH WE COLLECT PERSONAL INFORMATION

We collect personal information for the purpose of providing commercial and asset backed financing.  We consider de-identification and aggregation of personal information to be compatible with the purposes listed above and in your interest, because the anonymization of such information reduces the likelihood of improper disclosure of that information.

PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR CONSENT, AS REQUIRED OR PERMITTED BY LAW.

4. SOURCES FROM WHICH WE COLLECT PERSONAL INFORMATION

We collect personal information from the following categories of sources:

  • Consumers, directly.
  • Our Service Providers.
  • NEXSEER Companies.
  • Government Entities.
  • Business Data Resellers.

 

5. PERSONAL INFORMATION WE COLLECT

Servicing Clients: Most personal information collected in our provision of services to our clients is collected solely within the context of your role as a representative of your business and is therefore typically not considered personal information. However, the information we collect includes financial statements, tax returns, asset details, company presentations, business, plans and projections, personal financial information of personal guarantors, information related to officers and managers including name, title, and contact information, data on public record filings, and data from personal or business credit bureaus as applicable.

Website Contact Forms: The personal information collected through the contact forms available on our website www.nexseer.com includes name, e-mail, company, telephone and message content.

Please be aware that some links on our website may direct you to websites operated by other NEXSEER Companies or third parties. Information submitted on those websites is provided to the owner(s) of those websites, not NEXSEER, and subject to the privacy policies of those sites, and not this policy.

6. HOW WE SHARE PERSONAL INFORMATION

Generally, we share information to in order to complete the requesting financing. We share personal information with our parent entity; service providers; and other third parties as described in this section.

NEXSEER Companies

We may share some or all of your personal information with any subsidiary and parent entities as well as entities with common ownership for the purposes described in Section 3 above. For the purposes of this Notice, these are the “NEXSEER Companies.”

Financing Partners 

We share personal information with certain entities as required to evaluate and provide financing to you. These entities are our “Financing Partners” and include entities like our syndication partners, lenders, sources of equity, servicers, and appraisers.

Government Entities

We may share personal information with government entities as required for uniform commercial code, tax, and other regulatory filings.

Social Networks
We may share personal information with social networks in order to allow you to share content published by NEXSEER on those platforms.

Service Providers

We may from time to time use business partners, suppliers, and sub-contractors to assist us with the provision of services to you (for example, without limitation, legal services, accounting, portfolio management, credit bureau/data analytics providers, resume/employment screening tools, website hosting, web analytics, maintenance services, database management, billing, payment processing, fraud protection, credit risk reduction, marketing, product research, or improvement of services). These entities have access to your personal information only to perform the respective tasks assigned to them on our behalf, and are obligated not to disclose or use it for any other purpose. For the purposes of this Notice, these are our “Service Providers.”

Business Purposes for Which We Share Personal Information

We share personal information for the purposes of detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; debugging to identify and repair errors that impair existing intended functionality; short-term, transient use, provided the personal information that is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction; performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on our behalf; undertaking internal research for technological development and demonstration; and undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

 

Other Reasons for Which We Share Personal Information

We may cooperate with government and law enforcement officials and private parties to enforce and comply with applicable law. We may disclose your personal information to government or law enforcement officials or private parties in response to lawful requests when we believe disclosure or sharing is necessary to comply with any legal obligation, enforce or apply our terms and conditions, respond to claims and legal process, protect our services, our rights, and/or the safety of the public or any person, or prevent or stop any illegal, unethical or legally actionable activity (including for the purposes of fraud protection).

We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company or individual acquires our business, or assets, that company or individual will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Notice.

Categories of Personal Information Disclosed and Sold in the Past 12 Months.

 

Category of Personal Information Disclosed for Business Purpose Categories of Third Parties to Whom Disclosed for a Business Purpose Sold Categories of Third Parties to Whom Sold
Individual Identifiers (e.g., real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers) Yes Government Entities;

NEXSEER Companies;

Financing Partners

 

Yes Data Analytics Providers; Social Networks
Personal information described in Cal. Civ. Code §1798.80(e)(such as name, address, telephone number, education, employment history, credit card or debit card number) Yes Government Entities;

NEXSEER Companies;

Financing Partners

 

 

No None

 

Characteristics of protected classifications under California or Federal law (e.g., your gender or age) (“Characteristics of Protected Classifications”) No None

 

No None
Commercial information (e.g., information regarding products or services purchased, obtained, or considered) Yes Government Entities;

NEXSEER Companies;

Financing Partners

 

 

 

No None

 

Biometric information.

 

No None

 

No None
Internet or Other Electronic Network Activity Information (e.g., browsing history, search history, and information regarding your interactions with our Services)

 

No None Yes Data Analytics Providers; Social Networks
Geolocation data.

 

No None No None
Audio, electronic, visual, thermal, olfactory, or similar information.

 

No None No None
Professional or employment-related information.

 

Yes NEXSEER Companies

 

No None
Education information.

 

Yes Financing Partners

 

No None
Inferences drawn from any of the information identified above.

 

Yes NEXSEER Companies

 

No None

 

The above chart does not include information collected for employment related purposes or where your communications or transactions with us occur solely in the context of due diligence regarding, or providing or receiving a product or service to or from a company, partnership, sole proprietorship, nonprofit, or government agency on whose behalf you are acting.

7. HOW TO EXERCISE YOUR RIGHTS

Unless otherwise specified, to exercise any of your rights described in this California Privacy Notice, please complete a data subject request form available here or call us toll-free at +1-800-303-4006.

 

In order to verify your request, you will need to provide us with enough information to identify you, verify your identity and address, and a description of what right you wish to exercise along with any information to which your requests relates.

You may also designate an authorized agent to make a request under the California Consumer Privacy Act on your behalf. In order to fulfill your request to know or delete submitted by an authorized agent, you must provide the authorized agent written permission to do so, and we may require you verify your own identity with us directly.

 

We reserve our right not to make a data access or portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or someone authorized to act on such person’s behalf. Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification. You will not have to pay a fee to exercise your rights described herein. However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive. You may only make a request to know or receive personal information twice within a 12-month period.

 

8. CONTACT US

If you have questions regarding this Notice or our treatment of your personal information, you may contact us at the following:

Nexseer Capital

ATTN: Privacy

2211 Michelson Drive Suite 1110

Irvine, CA 92612

info@nexseer.com

+1-800-303-4006

 

Copyright © 2020 Nexseer Capital.  All rights reserved.

 

 

CONSUMER REQUEST FORM

Thank you for your interest in Nexseer and our privacy practices. In order for us to assist you, please provide us with the following information, which we will use only for the purposes of verifying your identity and completing your request:

Please indicate which right or rights regarding your Personal Information (“PI”) that you would like to exercise at this time.

To help us locate any records containing your PI we may have, please indicate the way(s) in which you may have provided us PI: