AgileCap LLC's Privacy Policy

Last Modified: February 24, 2018

AgileCap, LLC (“AgileCap”, “we” or “us”) respect your individual privacy. This Privacy Policy describes how we collect, protect, use, and disclose your personal information. The Policy applies to personal information collected through our website (“Site”), when you fill out forms requesting information about loans, when you submit loan application(s) and required documentation to support loan application(s), information we collect to evaluate whether to provide you with a loan, information you provide us while loan(s) are serviced, communicating with us via phone, email, mail or facsimile about our products and services, your loan application(s) and your loan(s), communicating with us through our social media accounts on LinkedIn and Facebook, information you provide us in our Dropbox cloud storage location and any other interactions we may have with you (collectively, the “Services”) and covers the following areas:

This Privacy Policy applies only to our Services. It does not apply to any third party site or service linked to our Site or recommended or referred by our Site or by our staff.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using the Services, you agree to this Policy. This Policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

1. Information We Collect

We collect information from you in the following ways:

Information You Provide to Us. We, or our service providers operating on our behalf, collect information you provide directly to us or our service providers. For example, we collect information when you interact with us as a customer or prospective or former customer, fill out our online form for contacting us about getting started with a loan, speak with a loan advisor, register to receive a newsletter, send us an email, fill out other forms, respond to a survey, comment on one of our social media sites, register for an event or otherwise communicating with us, including without limitation through this Site, our social media Sites, in person or by facsimile, phone or email. If you choose to seek a loan from us, we will collect information and support documentation necessary for you to complete and submit a loan application and to respond to any follow-on requests for information and support documentation. The types of information we may collect include your name, agency name, agency’s dba name, other legal business names, agency website address, e-mail address, agency address, agency’s corporate structure, agency’s book of business, agency’s commissions, messages from you, requested and final amount of loan, intended use for loan, phone number, details regarding bankruptcies, short sales or tax liens of the agency or any owner, partner or principal of the agency or other information that you might provide to us in an online form, or when you contact us by mail, e-mail or telephone.

Information We Get From Others. We may get information about you from other sources. We may add this information to the information we collect on you from Services, including this Site. This information may include collecting data or validating data from financial institutions, consumer reporting agencies, references and other third parties.

Information We Automatically Collect. When you access or use the Services, we and our service providers may automatically collect certain information about you, your device and how you view or interact with our content and ads as further described below. We may combine this automatically-collected information with other information we collect about you.

Log information. We and our services providers may gather certain information automatically and store it in log files. This information may include
- Details of how you use our Services, including our Site;
- Internet protocol (IP) addresses;
- Usage data such as browser type, browser language, device identifier, Internet service provider (ISP), referring/exit pages, length of visit, pages viewed, operating system, date/time stamp, clickstream data, crashes, system activity, hardware settings and the date and time of your request and referral URL;
- Telephony log information, including your phone numbers and types of calls.
Device Information. We and our service providers may collect information about the device you use to access our Site and our Services, including without limitation the hardware model, operating system and version, unique device identifiers and mobile network information. We may associate your device identifiers and phone number with you, your loan application and your loan, if any.
Location Information. When you use our Services, we may collect and process information about your actual location. We use IP address, GPS and other sensors that provide information about nearby devices, Wi-Fi access points and cell towers. We also use the information you provide to us in online forms and loan applications.
Local Storage of Information. Our Service may collect and store information locally on your device, including without limitation browser web storage and application data caches.

Information Collected by Cookies and Other Tracking Technologies. We and our service providers use various technologies to collect and store information, including without limitation cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us to, among other things, improve our Services and your experience, see which areas and features of our Site are popular and count visits. Web beacons, which are also called pixel tags or clear GIFS, are clear, electronic images that may be used on our Services or in our emails and help deliver cookies, count visits, track browser type, identify your IP address, understand usage and campaign effectiveness and determine if an email has been opened and acted upon. If we show you tailored ads, we will not associate the identifier with sensitive categories of information which are based on race, religion, sexual orientation or health. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by emailing us at legal@agilecapfunds.com. You can also delete cookie files from your hard drive, or avoid them altogether, by configuring your browser to reject them or to notify you when a cookie is being placed on your hard drive. Not all features of the Services will function as intended if you reject cookies.

Disclosure of Information. AgileCapLLC may not use or disclose the information provided to you except under the following circumstances:

As necessary to provide services or products you have ordered.
In other ways described in this Policy or to which you have otherwise consented;
In the aggregate with other information in such a way that your identity cannot be reasonably determined;
As required by law, or in response to a subpoena or search warrant;
To outside auditors who have agreed to keep the information confidential;
As necessary to enforce the Terms of Service;
As necessary to maintain, safeguard, and preserve all the rights and property of Clear Transport LLC.
SMS Consent will not be shared, sold, or disclosed with any third party or any other individual.

No Purposeful Collection of Information From Children. We do not knowingly collect or solicit personal information from children under 13 without verifiable parental consent. If we become aware that a visitor under the age of 13 has submitted personal information without verifiable parental consent, we will remove his or her information from our files.

2. How Do We Use Information We Collect

We may use information collected from or about you for any of the following purposes:

To determine your eligibility for a loan. We use the information you provide to us to determine whether or not you are eligible for a loan. This would include, upon your consent, potentially validating the information you provide or obtaining additional information from third parties, including without limitation credit reporting agencies and references.

To respond to your requests. These requests may include requests for information about loans, requests to update your information and processing requests for information about our products and services.

For customer service. We will use the information your provide us and our service providers to manage and monitor your loan applications and your loans, process payments and for other transactions. We will communicate with you about our Services and your loan, respond to comments and questions, communicate about updates, provide security alerts, handle technical difficulties and provide any other customer service. We may keep a record of your communications to provide improved customer service to you and others.

To market our products and services. We may inform you about our products, services, promotions or events and otherwise perform marketing activities. We may provide you with information about partners or others who would assist in marketing. Further, we may use information for analytics purposes.

Verify users. We may use information to manage and verify your account and the identity of users of the Services.

Tailor content. We may use information to customize your interaction with our Site and to provide you with more relevant search results and ads.

Improvements and new products and services. We may use information to operate, maintain, improve our Site, and our Services and to develop new Site(s), applications, products and services.

Contests and rewards. We may use information to process contest entries and deliver rewards.

Prevent improper or illegal activity. We may use information to protect, investigate and deter against fraudulent, unauthorized or illegal activity.

To meet legal requirements. We may be required to provide personal information to comply with legally mandated reporting, subpoenas, court orders, or other requirements.

Other purposes. We may use your information for any other legal, business or marketing purposes that are not inconsistent with the terms of this Policy.

3. With Whom Do We Share Your Information?

AgileCap may disclose personal information in the following circumstances:

With Your Consent. We may share some or all of your information with any other third party with your affirmative consent. For instance, we may display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete a testimonial, you can contact us at legal@agilecapfunds.com.

With Business Partners, Distributors and Contractors. We may provide personal information to business partners, distributors, and contractors (including third-party distributors and resellers, vendors, suppliers and other service providers), who may use the information to fulfill product orders, develop and improve products, contact you about product orders or in connection with the performance, operation, and support of the Services or solutions, performing marketing or consulting services, or as otherwise appropriate in connection with a legitimate business need. Further, we may disclose personal information to service providers who host or facilitate the delivery of online training, seminars and webinars; email-delivery services and other technology providers; and third parties that may assist in the delivery of marketing materials, technical support services, or other products, services or other information. These companies are authorized to use your personal information only as necessary to provide these services.

With Third Party Analytics Providers. We may share personal information with third parties who conduct marketing studies and data analytics, including those that provide tools or code which facilitates our review and management of our Services, such as Google Analytics or similar software products from other providers. For example, we use Google Analytics to analyze site traffic to our Site and apps. We may also use analytics in conjunction with advertising services, such as Google Analytics using the DoubleClick cookie. With this capability, we or our service providers may link analytics information with information about visits to multiple sites. We use these tracking technologies to provide tailored advertising and evaluate our marketing efforts. For more information about how Google collects and processes data when you visit websites or use apps that use Google technologies, please see www.google.com/policies/privacy/partners.

Transfer or Assignment in Connection with Business Transfers or Bankruptcy. In the event of a merger, acquisition, reorganization, bankruptcy or sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your personal information and other information we have collected from users of the Services to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred user information will be subject to this Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

Respond to Legal Requirements or Subpoenas; Protection of Our Rights; Safety. We may share personal information as and when we believe in our sole discretion that disclosure is necessary or appropriate to meet any applicable law, regulation, legal process or other legal requirements, to comply with a subpoena, law-enforcement or government request or any other lawful request or legal process, to investigate fraud, or to protect our rights, including without limitation enforcing our agreements, policies and terms of use. We may also share information in the event of an emergency, including without limitation the safety of our employees, agents, customers or any other individual or entity.

With Our Affiliates. We may share some or all of your information with our subsidiaries and corporate affiliates, joint venture partners, or other companies that are or may become under common control with us. We will require these entities to comply with the terms of this Policy with regard to their use of your information.

Publicly Posted Content. If you post comments, images, and other content to a public-facing page that we control, that information (associated with your user name) will be publicly viewable.

Third-Party Websites. Our Site may contain links to third party websites. We are not responsible for the data collection, use practices, policies, or cookie use of the third party sites that you have accessed from our Site. We encourage our users to be aware when they leave our Site and to read the privacy policies of each website that collects personal information. This Policy applies solely to information collected on or through our Services.

Anonymized or Aggregated Data. We may share information that has been anonymized or aggregated with others for their own uses.

4. What choices are available to you?

Opt-Out. Our Services provide visitors and customers the opportunity to opt-out of receiving specific types of communications from us and our partners at the point where we request information about the visitor or customer. In addition, you may unsubscribe or opt out of all future communications from us that do not relate to products or services you have ordered by removing your contact and personally identifiable information from our marketing and communications databases by (a) sending an email to legal@agilecapfunds.com; or (b) clicking the unsubscribe link on any email marketing communication you receive.

“Do Not Track Requests.” Your Internet browser and mobile device may allow you to adjust your browser settings so that “do not track” requests are sent to the websites you visit. We do not process “do not track” (DNT) signals. Our third party service providers may also not respond to DNT signals.

California Privacy. If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by AgileCap or its affiliates to a third party for the third party’s direct marketing purposes. To make such a request, please send an email to legal@agilecapfunds.com or write us at: AgileCap, LLC, Attn: Privacy, PO Box 684139 Park City, UT 84098.

5. What Types of Security Procedures Do We Employ?

We take commercially reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, like other companies, AgileCap cannot guarantee 100% the security or confidentiality of the information you provide to us.

6. How Can You Correct or Update Your Information?

You may request that we update, correct or delete your information. Requests for access, correction, amendment, or deletion should be sent to legal@agilecapfunds.com We will respond within forty five (45) days to your request. We may not be able to accommodate your requests. For example, we may be required to keep certain information by law or for legitimate business purposes. For example, we will not delete any information you provided to us during the loan application and loan servicing time periods except if required by law or if our record retention period has expired.

7. Further Information About Our Privacy Policy and Practices.

This Privacy Policy applies to all visitors to our Site and users of our Services. If you become an inactive customer, or if we close or suspend your account, we will continue to adhere to the Privacy Policy in place when we collected your personally identifiable information so long as we retain it in our databases. We may delete any or all of your information at any time without notice to you for any reason or no reason unless otherwise required by law to retain it. You may have other privacy protections under applicable laws and we will comply with any applicable laws when we disclose information about you. This Privacy Policy replaces our previous policy on this topic and any statements or disclosures to you about our information practices.