Privacy Policy

 

Purpose of our Privacy Policy

Our Microlending LLC is aware of the trust you place in us and our responsibility to protect your privacy. This privacy policy and agreement (our “Privacy Policy”) specifies the personal information that we ask you to provide in order to participate in the Services we offer and governs how we treat this personal information. We operate our Website and offer our App and our Services pursuant to the statutes and regulations that apply to this Website and App with respect to the Services provided through this Site and through this App (“Applicable Law”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY. YOUR CONSENT TO THE TERMS OF THIS PRIVACY POLICY CREATES LEGAL OBLIGATIONS FOR YOU AND FOR US. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE OUR WEBSITE.

Your Consent

You indicate your consent to the terms of this Privacy Policy in different ways, depending on your relationship to the Website and to the App. By accessing and using our Website as a site visitor or by accessing and using our App, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it. If you register as a Borrower on our Website or through our App, during the registration process you will be asked to confirm that you have reviewed this Privacy Policy and that you agree to its terms. Such confirmation constitutes your agreement to be bound by this Privacy Policy.

Information from You

Information you may provide while visiting our Website or using our App or while participating in our Services falls into two broad categories: (i) Personally Identifiable Information, and (ii) Anonymous Information. “Personally Identifiable Information” means 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 combination of 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 Website that you visit most frequently or information regarding your access of our App. Please keep in mind that our Privacy Policy does not govern information you choose to share with other Users, as we have no direct control over the collection or use of this information. Please use appropriate precautions in sharing your information with other Users.

Personally Identifiable Information

We obtain Personally Identifiable Information from Borrower to provide our Services. In order to access our Services as a Borrower, you must complete a registration form which specifies the information you must provide in order to enjoy the particular features to which you wish to subscribe. The information required may include such items as name; email address; cell and land-line phone number; mailing address; social security number (for IRS tax reporting purposes); and birth date (for COPPA and eligibility purposes) (collectively “Contact Information”). Our registration forms may additionally request information which you may, at your option, choose to provide or withhold. To the extent this additional information constitutes Personally Identifiable Information, we will treat it in the manner specified in this Privacy Policy.

Payment Information.

In order to accept a loan through our Website or through our App, a Borrower must provide us with certain account and other payment information, such as information needed to make or accept payment via electronic checks or credit card. Our registration process for Borrower provides additional details on the types of Payment Information needed.

How We Use Your Personally Identifiable Information

We use your Personally Identifiable Information to facilitate your activities with respect to our Website and our App as set out herein. We do not disclose your Personally Identifiable Information to third parties without your express consent except in the specific circumstances identified in “Third Party Access to Personally Identifiable Information” below. We will provide Borrowers with certain materials, including formal notices from regulators, and other information in order to comply with Applicable Law. We will use your Contact Information for these purposes.

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.

In order to communicate with you and to confirm (where necessary) whether you are eligible for a transaction, we will rely on Borrower’s Contact Information.

We use your Personally Identifiable Information in the operation of our Website and our App and to comply with Applicable Law. You cannot participate in our Website or in our App if you seek to opt-out of these uses of your Information. Our Website and our App offers a forum for online discussion and participation in which

Borrower may choose to participate. When we or a User participates in the Website or the App, the participant will use Contact Information you have provided for purposes of your inclusion in the Website or in the App or both. Any Content you contribute to the Website or to the App becomes public on your transmittal of the information, and any Personally Identifiable Information you disclose becomes available to the other participants in the discussion. Our Privacy Policy does not cover the information you disclose in such online discussions on our Website or through our App. You should use discretion in what you submit to these Websites or Apps. You are entitled to opt-out of these uses of information. Periodically, we may send you materials for informational purposes, such as notices of project and lending opportunities through our Website or through our App. Such informal information may take a range of forms, including email, newsletters, or automatic notices generated by our Website or our App. You are entitled to opt-out from receiving this informal information. Periodically, we may choose to send news, bulletins, marketing materials, or other information to Borrower, and will use Personally Identifiable Information to send such communications. If we choose to undertake such communications, you will have the ability to opt-out of receiving these communications.

Our Users may provide feedback to us about our Website, our App 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 to provide to us in connection with these activities strictly for the purposes for which you submit the information. We will provide Borrower with certain materials, including formal notices from regulators, and other information in order to comply with Applicable Law. We will use your Contact Information for these purposes.

How We Protect Your Personally Identifiable Information

We have security systems in place designed to prevent unauthorized access to or disclosure of Personally Identifiable Information, and we take all reasonable steps to secure and safeguard this Information, including

  • Our Website’s and our App’s password-protected section requires Users to give us unique identifiers such as their user name and password;
  • We employ a secure channel using SSL Certificate to protect information exchanged over the Internet between your web browser and our servers;
  • Our employees (and employees of our Service Providers) are required to acknowledge that they understand and will abide by this Privacy Policy with respect to the confidentiality of Personally Identifiable Information;
  • We provide access to our databases containing Personally Identifiable Information on a need-to-know basis only; and
  • We use automated tools to monitor network traffic to identify unauthorized attempts to upload information, change information or otherwise seek to “hack into” our systems.
  • We recognize the sensitivity of information provided in response to our Borrower Qualifying Questions and take the following additional precautions with respect to such information:
  • We store Borrower questionnaire information that we receive on a secure system isolated from direct connection to the Internet.
  • We encrypt Borrower questionnaire Information (including account and social security number information) using the same encryption standard used by banks to secure sensitive customer data.

You can find more information about our security procedures at wwww.nagolending.com Our security systems are structured to deter and prevent hackers and others from accessing information you provide to us. We make no warranty that our security systems are fail proof. Due to the nature of Internet communications and evolving technologies, we cannot provide and we 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.

Third Party Access to Personally Identifiable Information

We may employ or retain other companies (“Service Providers”) to perform functions on our behalf, such as maintaining the Website and the App, providing services related to the Website and the App, collecting information, responding to and sending e-mail or other functions to facilitate our business. We may need to share your Personally Identifiable Information with 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. 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 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. We will reveal your Personally Identifiable Information to the extent we reasonably believe we are required to do so by Applicable Law. If we receive legal process calling for the disclosure of your Personally Identifiable Information, we will attempt to notify you at 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. We are entitled to transfer to a third party information we collect, including any Personally Identifiable Information, in connection with a sale of all or substantially all of our assets, provided the acquiring third party has agreed to safeguard your Personally Identifiable Information with protections that in all material respects are the same as, or more protective than, those set out in this Privacy Policy.

Anonymous, Aggregate Information

We use Anonymous Information to analyze the effectiveness of our Website and our App, 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 to our Website and to our App and may share Anonymous Information with third parties, including advertisers. 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. 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 and other general statistical and tracking information, which will be aggregated with that of other Users in order to understand how our Website and our App are being used, and for security and monitoring purposes. None of this data contains Personally Identifiable Information. 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 Website [and App?] and use them to recognize you when you return to our Website [and App?]. You may set your browser so that it does not accept cookies. However, cookies must be enabled on your web browser if you wish to access certain personalized features of our Services. We may compile records of visits with respect to certain pages or information that are available on our Website or our App. We might also compile information and other metrics concerning Borrowers’ interactions with respect to our Services and other features of our Website and our App. We might compile site metrics of a page of interest or other data. Such records do not contain any Personally Identifiable Information, and all such data and information is subject to our Privacy Policy. We may use “pixel tags” to tell us what parts of our Website or our App have been visited or to measure the effectiveness of searches Users perform on our Website or through our App. Pixel tags also enable us to send email messages in a format Users can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our Investors. None of this data includes Personally Identifiable Information, and you can “opt-out” of receiving these types of emails from us. If any Personally Identifiable Information is collected using such tools, it will be subject to the terms of this Privacy Policy. Our Services may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider or advertiser. These advertisers may use traditional banner ads, or other advertising methods, such as advertising using profiles and related Content. An advertiser may place or utilize its own cookie on your browser and may use Anonymous Information about your visit to our Website or our App, such as the number of times you have viewed the ad. If the advertiser requests that you provide to it Personally Identifiable Information, such advertiser’s use and collection of such information will be governed by its own privacy policy, and not our Privacy Policy. We recommend that you review the advertiser’s privacy policy before providing Personally Identifiable Information. In order to determine whether your computer is supported by our system, we may collect certain Anonymous Information. This information includes, but may not be limited to, your operating system and browser, as well as the presence of any software that our Website or our App may require to operate with your computer, or other third party software on your computer. This information is kept strictly confidential and is not shared with third parties, except as provided herein.

Anonymous Information Linked With Your Personally Identifiable Information Is Protected As “Personally Identifiable Information”

To enable us to better understand the characteristics of our Borrower and/or to provide Services tailored to your needs, we may link (i) the Personally Identifiable Information a Borrower provides with (ii) Anonymous Information. If we combine or link any Anonymous Information or other information with your Personally Identifiable Information, the resulting combination will be treated and protected as Personally Identifiable Information under this Privacy Policy.

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, we will (i) notify affected Users of the intrusion if we determine that the information at issue is sensitive; (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 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.

Participation by Children and Teens

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 WEBSITE, OUR APP, OR SERVICES. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR WEBSITE, APP AND SERVICES.

Notification of Changes

From time to time, we may change our Privacy Policy. If we make any changes regarding disclosure of Personally Identifiable Information to third parties, we will attempt to contact you prior to the date the modified policy is scheduled to take effect. We will post notice of the new Privacy Policy at the privacy link on our Website and through our App. With respect to site visitors, your use of our Website or our App following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed. With respect to Investors, no such changes will take effect unless and until you have provided us with your consent to such changes in accordance with “Your Consent” above.

Relationship to Terms of Use; Incorporation of Terms and Conditions

This Privacy Policy must be read in conjunction with our Terms and Conditions, and the provisions of our Terms and Conditions are incorporated herein. To the extent the Terms and Conditions conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.

Privacy Rights of 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 parties 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 herein. 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 labeled “California Customer Choice Notice.” Please allow 30 days for a response. There is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.

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.

If you have any questions about this Privacy Policy, the practices of this Website, our App or your dealings with this Website or our App, please contact us by email at:
[email protected]

You may contact us by mail as follows:

Our Microlending LLC 
[email protected]