2. Your Consent
3. Our Services Rely In Part On Information from You
Information you may provide while visiting our Site, or while applying to participate in our Services, falls into two broad categories: (i) Personally Identifiable Information, and (ii) Anonymous Information. We use the term
“Personally Identifiable Information” to mean any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, financial information, cell or land-line phone number, or any other information that could be used to identify you.
“Anonymous Information” is information that does not identify you, and may include statistical information concerning, for example, your use of our Services or the pages on our Site that you visit most frequently.
4. A Site Visitor Does Not Provide Personally Identifiable Information
We have structured our Website so that, as a casual Site Visitor, you may come to our Site and review selected information about our Services without revealing your identity or providing any Personally Identifying Information. It is only where you wish to become a Participating User of JCL Services, that we require you to provide certain Personally Identifiable Information.
5. A Participating User Will Provide Personally Identifiable Information
To provide our Services to Participating Users, we obtain certain Personally Identifiable Information depending on the Services sought. The ways in which you provide such information, and how we use and protect this information, are set out in Sections 6, 7, 8, and 11, below.
6. A Participating User Provides Contact Information, and Other Similar Personally Identifiable Information as Follows:
6.1. Services Available to Participating Users. Participating Users may be entitled to engage in a variety of Services offered by JCL. Such services may include, but are not necessarily limited to:
i) electronic and/or traditional mail subscriptions, which may provide content concerning current affairs, notices of upcoming events, and/or other informational articles of interest, which may or may not be directly or indirectly related to JCL activities for purposes of education, news, entertainment, or otherwise (“Subscription Services”); and
ii) borrower and/or broker related services (“Borrower-Related Services”).
7. A Participating User Seeking to Partake in Borrower-Related Services May be Required to Provide Financial Information, Information to Verify His Or Her Identity, and Other Similar Personally Identifiable Information.
7.1. Prospective Borrower. A “Prospective Borrower” is a Participating User who has completed and submitted a short-form application for Borrower-Related Services.
7.2. Baseline Information. To be fully considered to qualify for Borrower-Related Services offered by JCL, you first need to provide Contact information, and complete the steps required to be a Participating User. You then may be asked to provide the additional information specified in following Section 7.3 (Borrower/Broker Identity Verification) and Section 7.4 (Borrower/Broker Financial Information).
7.3. Borrower/Broker Identity Verification. We may require each Prospective Borrower to provide information designed to verify his or her identity. This information (“Identity Verification Information”) may include (i) information from a successfully completed electronic check transaction, (ii) a credit report, or (iii) other similar information designed to authenticate and confirm your identity.
7.4. Borrower/Broker Financial Information. We may also require each Prospective Borrower to provide certain financial information, consisting of Credit Card Authorizations, Specific-Qualifications Information, and Personal Financial Statements. We refer to this information collectively as “Borrower/Broker Financial Information.
8. How We Use Your Personally Identifiable Information
We use your Personally Identifiable Information to process your transactions and facilitate your activities with respect to our Site, as set out below. We may disclose your Personally Identifiable Information to third parties without your express consent in order to work with other lenders/brokers to facilitate certain services requested by a User. In addition, your Personally Identifiable Information may be disclosed for specific circumstances identified in Section 10 (There Are Strictly Limited Circumstances Where Certain Third Parties Have Access To Personally Identifiable Information).
Depending on the JCL Services in which you wish to partake, JCL may need to perform a soft pull on your credit regardless of whether you provide your SSN or not. In order to help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, JCL, its Affiliates and Associated Companies, may obtain, verify and record information that identifies each person who seeks to be eligible for a commercial loan with JCL. In association with such, JCL may ask for your name, social security number, address, telephone number, date of birth and other important information, including but not limited to information received from your credit file. Soft pulls on your credit will not affect your credit score.
8.1. Required Notices. We may provide Participating Users with certain materials in order to comply with Applicable Law. We may also be obligated to provide this information to you. We will use your Contact Information for these purposes. Where necessary to comply with Applicable Law, we will also use Borrower/Broker Financial Information for these purposes. Participating Users cannot opt-out of this use of information.
8.2. Processing Your Transactions. We use the Personally Identifiable Information you provide to process transactions that you have authorized us to undertake, and to provide you with the Services you have requested. Applicable Participating Users cannot opt-out of this use of information.
8.4. Operation of Our Site. We use your Personally Identifiable Information in the operation of our Website, and to comply with Applicable Law. You cannot participate in our Site if you seek to opt-out of these uses of your Information.
8.6. Feedback, Questionnaires and Surveys. Our Website may allow Site Visitors and Participating Users to participate in surveys and/or questionnaires, which from time to time we may post on the Site. We also encourage our users to provide feedback to us about our Site and our Services. You are free to choose whether you participate in these activities. We may ask that, in addition to providing your responses, you also provide Contact Information. In these instances, we use any Personally Identifiable Information you choose provide to us in connection with these activities strictly for the purposes for which you submit the information. We will use survey and questionnaire information – with any Personally Identifiable Information removed – for monitoring or improving the use and appeal of this Site and for other purposes (with no other obligation to you and, specifically, with no obligation to compensate you for these uses). You are not obligated to participate in any of these activities and, if you undertake these activities, you will have the ability to opt-out as provided in Section 10 (Changing or Removing Information; Opting Out).
9. There Are Strictly Limited Circumstances Where Certain Third Parties Have Access To Personally Identifiable Information
9.1. Service Providers. We may employ other companies to perform functions on our behalf, such as maintaining the Site, providing services related to the Site, collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share your Personally Identifiable Information with these companies (collectively, “Service Providers”). We will share with our Service Providers only that information necessary for them to perform their functions, and we require them to commit to refrain from using your Personally Identifiable Information for any other purpose.
9.2. Question of Harm. We may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if we believe (i) that you are in risk of harm from another, (ii) that you are harming or interfering (or will harm or interfere) with others, or (iii) that you are violating (either intentionally or unintentionally) our Terms and Conditions of Use (also referred to as our Terms of Service) or are otherwise violating legal rights. We will take all reasonable steps to disclose only so much of this Information as is necessary, limiting the disclosure, for example (and where applicable), to Contact Information only.
9.3. Legal. JCL will reveal your Personally Identifiable Information to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information, we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
10. Changing or Removing Information; Opting Out
10.1. Required Updates. Applicable Law places certain obligations on Participating Users engaged in Borrower-Related Services to keep information current. We ask that you keep your information current. It is particularly important for you to keep your Borrower/Broker Financial Information current, and to report to us any material change in this Information. We rely on this information not only when determining your qualifications to partake in Borrower Related Services, but also in our servicing of any loans which may have been issued to you.
10.2. Questions Concerning Information. If you have any questions concerning the importance of keeping your information current (particularly you Borrower/Broker Financial Information), please contact us in accordance with Section 29 (Contact Us).
10.3. Opting-Out. You are entitled to decline to participate in certain Services, and to decline to give us permission (or to revoke that permission in your discretion) to use your Personally Identifiable Information for certain purposes. We provide you with the ability to decline – or “opt-out of” – receiving communications concerning, or being included in, these activities. Section 8 (How We Use Your Personally Identifiable Information) identifies the Services and uses for which you hold this opt-out right. To opt-out, please email us at firstname.lastname@example.org. We can also answer questions or assist if you contact us as provided in Section 28 (Contact Us). Please understand that you will not be allowed to opt–out of Required Notices or other legal and related notices concerning your relationship to the Site. The Site retains full discretion to decide whether you still qualify for certain Site or JCL Services in light of the particular information you chose to opt-out from providing.
10.4. Deleting Information. Finally, if you request, we will remove your name and all other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to IRS and regulatory reporting requirements, ownership in recorded documents and notes and the rights thereof, and data backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to use certain features of the Site and any associated Services. You may not remove de-identified, anonymous, or aggregate data from our databases.
10.5. Retention of Information. By participating in our Borrower-Related Services you give JCL permission to retain all information you submitted for the prescribed State Specific Record Retention period and to make live, manually dialed, automatic dialed or prerecorded calls, emails, direct mailing or other communication to discuss, provide or remind you of any information in relationship to your submission in connection with your loan inquiry.
11. How We Safeguard Your Personally Identifiable Information
We take the protection of your information very serious. We have put in place, and/or employed third party, security systems designed to prevent unauthorized access to or disclosure of Personally Identifiable Information, and we take all reasonable steps to secure and safeguard this Information, as follows:
· We employ a secure channel, using Secure Sockets Layer encryption, the standard for secure Internet network connections, to protect information exchanged over the Internet between your web browser and our servers;
· We provide access to our databases containing Personally Identifiable Information on a need-to-know basis only.
In addition, we, or one of our Service Providers, use automated tools to monitor network traffic to identify unauthorized attempts to upload information, change information, or otherwise seek to “hack into” our systems.
11.1 Third Party Services. Our products and Services may also use or offer products or services from third parties. Information collected by third parties is governed by their privacy practices, and we encourage you to learn about the privacy practices of those third parties. We would be more than happy to discuss in further detail the security measures we implement with any User or Visitor that requests such. We would also be glad to share with any User or Visitor any of the privacy practices of third parties providing services to our Site.
Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. Please understand, though, that this information should not be construed as a warranty that our security systems are fail proof. Due to the nature of Internet communications and evolving technologies, we cannot provide and we also disclaim assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
12. Anonymous, Aggregate Information
We use Anonymous Information to analyze the effectiveness of our Site, to improve our Services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users participating in our Services and the characteristics of visitors at our Site, and may share Anonymous Information with third parties, including Advertisers. Rest assured, though, that Anonymous Information provided to third parties will not allow anyone to identify you, or determine anything personal about you. We may collect Anonymous Information through features of the software that supports our Services, through cookies, and through other means described below.
12.1. IP Addresses; Logs. We may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer’s name, the type and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes. None of this data contains Personally Identifiable Information.
12.2. Cookies. A cookie is a small amount of data, often including an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Site and use them to recognize you when you return to our Site. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.
12.4. Click-Throughs. We may send email messages that use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked, simply do not click text or graphic links in the email, or notify us in accordance with Section 10 (Changing or Removing Information; Opting Out).
13. Any Information Linked With Your Personally Identifiable Information Is Protected As “Personally Identifiable Information”
14. Notice of Security Incident
If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of Personally Identifiable Information (an “Intrusion”), we will (i) notify affected users of the Intrusion if the information at issue is sensitive, in our discretion; (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each affected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will under all circumstances comply with applicable law.
15. Participation by Children and Teens; Advisory
Due to federal law (as reflected in the Children’s Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 18 TO PARTICIPATE IN OUR SITE OR SERVICES. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR SITE AND SERVICES.
16. Notification of Changes
17. Our Relationship with Affiliated Companies
We currently do business with Affiliated Companies with which we have a relationship. For further clarification on what constitutes an affiliated party, see section 19 below. As our Site matures, the Site may be opened in the future to other companies.
19. Our Affiliates and Associated Companies
21. Further Resources
If you wish further information concerning privacy policies in general, and concerning online social networking and safety, you should visit the following site:
22. Notice of Privacy Rights to California Residents
California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of Personally Identifiable Information that we collect through the Website and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address set out in Section 30 (Contact Us). When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with Affiliated Businesses or Marketing Partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.
23. Third Party Links; Advertisers
We may allow certain corporations (other than Affiliated Companies), advertisers, and other entities to place ads and information on our Site (collectively, “Corporate Participants”). Although we have permitted the Corporate Participants to exchange information via the Site, we are not responsible for your choice to contact or do business with them. Your correspondence and dealings with Corporate Participants, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the Corporate Participant, and you agree that we shall not be responsible or liable for any loss or damage incurred as the result of your dealings with Corporate Participants or as the result of the presence of Corporate Participants on the Site.
In order to engage in Borrower-Related Services as a Borrower or Broker, you will need to obtain legal rights, and undertake legal obligations, in addition to those set out in this Policy and, in particular, under certain Loan Documents. Additional rights and obligations are set out in Loan Documents, which will be provided to you upon your request to be qualified as Prospective Borrower. These Loan Documents may be available on our Site, located at www.jclcapitalpartners.com or by contacting us and requesting such information.
25.1. Complaints and Suggestions for Improvement to Us.
We want your feedback. If you have any suggestions on how we can improve our services or complaints you would like us to address about our Services, please contact us at the address set out in Section 28 (Contact Us). You may also bring complaints to the attention of others, for an independent review, as provided in Section 25.2 (Complaints to Regulators).
25.2. Complaints to Regulators. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Other States may provide similar avenues for lodging complaints. Please check with your State’s consumer protection authority.
26. Termination; Duration of Rights
27 . Definitions
“Affiliate” means an entity that controls, is controlled by, or is under common control with JCL, whether the control results from equity ownership, contract, overlapping management or otherwise. In this context, “control” means the ability to replace the officers or directors or otherwise materially influence or control management decisions.
“Applicable Law” means statutes and regulations that apply to Offering Companies and this Website, with respect to the services provided through this Site.
“Borrower-Related Services” means those Loan pre-application and application services we provide via our Website to Participating Users, and Prospective Borrowers, as applicable.
“Borrower/Broker Financial Information” means (i) Credit Card Authorizations; (ii) Specific-Qualifications Information; and (iii) Personal Financial Statements
“Borrower Application Information”, “Application Questionnaire” or “Borrower Qualifying Questions” means the set of questions that specify the information and qualifications needed for a Participating User to qualify for a requested Loan with JCL.
“Borrower Questionnaire Information” means (i) Borrower Financial Information and (ii) Identity Verification Information.
“Company” means JCL Capital Management, LLC, a New York Limited Liability Company.
“Contact Information” means information that can be used to contact you, including your name, e-mail address, street address, and cell phone or land-line phone number.
“Content” means any and all information, text, images or other form of expression(s), creative or otherwise, submitted to or on, and/or made available or accessible for view or publication on, the Site, whether submitted by a User or JCL, respectively.
“Corporate Participants” means advertisers, corporations and various other entities that are interested in placing or publishing advertisements and/or information on the Site.
“Identity Verification Information” means information designed to verify your identity. Identity Verification Information may include (i) information from an electronic check that you provide, (ii) a credit report, or (iii) other similar information designed to authenticate identity.
“JCL”, “JCL LLC” or “JCL Capital Partners” refers to Company, JCL Capital Management LLC, a New York Limited Liability Company.
“Participating User” means a natural person who (i) is age 18 or older and (ii) has completed the registration process at our Site for JCL Subscription Services or Borrower-Related Services. We may permit certain companies (legal entities) to participate in said Services. These entities may also be considered “Participating Users” pending agreement and representation to additional terms, such as further “good citizenship” terms – that apply to their participation.
“Personally Identifiable Information” means any information you have submitted to JCL in relation to Subscription Services or Borrower-Related Services and any other information that could reasonably be used to identify you.
“Prospective Borrower” means a Participating User who has completed a short-from application for Borrower-Related Services, and who may have or have not completed a Borrower Questionnaire but who has not yet been approved for their requested Loan by JCL.
“Regulators” means state and federal regulators with jurisdiction over this Website in accordance with Applicable Law. The term “Regulators” includes, where applicable, the United States Securities and Exchange Commission.
“Required Notices” means information that we provide in order to comply with Applicable Law, as further specified in Section 9.1 (Required Notices) of our Terms of Service.
“Services” means all services available via the Website, including, but not limited to, Borrower-Related Services and Subscription services we provide.
“Service Providers” has the meaning set out Section 10.1 (Service Providers).
“Specific-Qualifications Information” means information needed to meet regulatory “suitability” requirements for Borrower-Related Services. Specific-Qualifications Information will include: (i) information we request concerning your net worth or income; (ii) information concerning your residency; (iii) “relationship” information, indicating your relationship to any affiliated parties, and (iv) verification information, which may include representations of your net worth, assets and debt (individually, jointly and/or on in relation to a borrowing entity, as applicable).
“Site Visitor(s)” or “Visitor(s)” means anyone accessing or attempting to access any portion of the Site that is not a Participating User.
“Subscription Services” means electronic and/or traditional mail subscriptions, which may provide content concerning current affairs, notices of upcoming events, and/or other informational articles of interest, which may or may not be directly or indirectly related to JCL activities for purposes of education, news, entertainment, or otherwise and which are disseminated by JCL to Participating Users.
“User(s)”, “you” or “your” refers to (i) Site Visitors and (ii) Participating Users, as applicable.
“We,” “us,” and “our” refers to (i) JCL Capital Management LLC, a New York Limited Liability Company.
“Website” or “Site” means the website located at www.jclcapitalpartners.com.
28. Contact Us