Crowdfunding Technology & Compliance

Updated September 15th, 2014

At FundAmerica, our most important asset is our relationship with you. We are required by regulators, by the needs of operating our technology platform and providing our services, and by some partners to ask for certain information. This Privacy Policy details what we do with the information and how we strive to protect it.

OUR POLICY

Welcome to the FundAmerica technology and compliance service (the “Service”), created, maintained and operated by FundAmerica, LLC (Henceforward “FundAmerica,” “we,” “us,” and/or “our”). This Service has been created to enable funding portals and businesses looking to raise capital via the 506(c) and 506(b) exemptions to the Securities Act of 1933 to engage us to provide escrow, state securities compliance and other services. This Privacy Policy sets forth FundAmerica’s policy with respect to information, including personally identifiable data and other Content that is posted or otherwise collected from users of the Service (“information”).

INFORMATION WE COLLECT

When you use the platform, you may post and/or we may collect information from you, as further described below:

We store and display information you which you voluntarily provide, either by directly posting on the Service or via frictionless sharing from integration of our APIs or widgets into your software and/or website(s), from direct use of our firm-based internet utilities, and from social media accounts (as defined below in this Privacy Policy). By voluntarily providing us with information you are consenting to our use of it in accordance with this Privacy Policy and our Terms of Use Agreement.

As is true of most websites, we gather certain statistical information automatically and store it in log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and metrics data. FundAmerica may store such information itself or such information may be included in databases owned and maintained by FundAmerica affiliates, agents or service providers (including, but not limited to, Google Analytics). This Site may use such data and even pool it with others to track, for example, the total number of visitors, the number of page views, and how our users use and interact with the platform, among other things. Also, in an ongoing effort to better understand and serve the users of the platform, FundAmerica often conducts research on its member demographics, interests and behavior based on the information you provide to us. This research may be compiled and analyzed on an aggregate basis. FundAmerica may share this non-identifiable and aggregate data with its affiliates, agents, advertisers, and business partners, so long as this type of non-identifiable and aggregate information does not identify you personally. FundAmerica may also disclose aggregated user statistics in order to describe our Service to current and prospective business partners and to other third parties for sales, marketing, accounting, and management purposes.

In operating this service, we also use a technology called “cookies.” A cookie is a piece of code that our computer(s) provide to your browser when you access the Site. FundAmerica uses both session cookies and persistent cookies. Persistent cookies remain after you close your browser for subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears when you close your browser. As with any cookie, if you do not want a cookie set then you need to disable your cookies setting in your browser. Please be aware that doing so may disable your ability to stay logged in to the Service and to use other aspects of our service. Our cookies help provide functionality to the service, such as maintaining your logged-on session, and helping us troubleshoot problems and analyze our service usage more accurately. For instance, we may set a cookie on your browser that allows you to access the service without needing to remember and then enter a password. In all cases in which we use cookies we will not collect any personally identifiable data except with your permission.

OUR USE OF YOUR PERSONAL DATA AND OTHER INFORMATION

FundAmerica uses information you provide in a manner that is consistent with this Privacy Policy. This includes everything listed above, as well as, more specifically, reporting and database access required by regulatory agencies and government entities, access by funding platforms and broker(s) (if any) for their internal use, credit card and bank partner(s) storing and managing information they need, service providers (performing due diligence, maintaining centralized investor databases, certain anti-fraud databases, software development, etc), and technology partners performing database back-ups, data mirroring, geographic screening, traffic filters, and other services.

FundAmerica and its subsidiaries, service providers, partners, brokers, regulators, technology partners, and affiliates (“Related Companies”) may also use your information, as well as other personally non-identifiable data collected, for anti-fraud purposes, as well as to help us improve the features and functionality of the platform. FundAmerica and its Related Companies may use this information to communicate with you regarding the Service or to tell you about things we believe may be of interest to you. If at any time you wish not to receive any future communications you may choose your preferences by logging on to your account and selecting various profile settings while in the “Edit Profile” screen, or by sending an email to admin at our company. Note, however, that certain communications are mandated by regulatory organizations and cannot be switched off or discontinued; these include, but are not limited to, investment and deal alerts and confirmations, account statements, and updates from issuers in whose deals you have invested.

We may also provide information to comply with a valid legal process, such as a search warrant, subpoena or court order, or to otherwise comply with law enforcement. FundAmerica also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that we believe, in good faith, is appropriate or necessary to enforce our Terms of Use Agreement, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of FundAmerica, our employees, agents, members, partners, service providers, users, or others.

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION

We do not share your Content with third parties except as is described and provided for in this privacy policy. This includes everything mentioned elsewhere in this Privacy Policy. Some specific examples of this includes, but is not limited to, the following:

Businesses and funding portals where you have invested will receive results of background checks (anti-money laundering, PATRIOT Act, etc) and your vesting information;

Related Parties employed by FundAmerica to perform certain business functions such as email processing, identity or income verification, database management, shipping and fulfillment, and accounting. When we employ another company to perform specific functions we only provide them with the information that they need to perform such functions;

Regulatory reporting and compliance requirements are the nature of this business. FundAmerica may disclose your information, including transaction and background check details, as required by regulators or government agencies where we, in the good faith, believe that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of FundAmerica, (iii) act in urgent circumstances to protect the personal safety of users of the platform or the public against fraud or other harm, or (iv) protect against legal liability. This may include providing your information to databases hosted by regulatory agencies, as well as to commercial and industry entities who maintain a database and service to assist in fraud prevention and/or regulatory compliance;

Background checks and suitability requirements may require we obtain and share potentially sensitive personal information about income, criminal, securities and credit history; which is nearly always done via third-party service providers, with whom we must share data in order for them to accomplish the tasks, and who may or may not initiate a direct relationship with you and/or your related parties in order to fulfill their requirements. This is may be for investors (e.g. checking for fraud or criminal history, checking industry-wide investment limits, checking for “bad actors” as determined by regulatory mandate) and for businesses seeking to raise capital (“issuer(s)”), as well as for certain persons attached to an issuer (including officers, directors and persons who own 20% or more of a business’s equity). In the event of blatant disqualifying data (e.g. a recent securities fraud conviction) we will reject the pending transaction.

Brokers, clearing firms, banks, and other entities tasked with processing transactions, retaining investor lists and data, managing investor registries and/or communications, escrows, and/or managing, archiving, and/or disseminating offering details and/or payments.

YOUR CHOICES

If your information changes, or if you no longer desire to use our service, you may correct, update, amend, or suspend information by logging onto your account and going to the settings section of the appropriate area where your Content is displayed. You may also email our admin team at FundAmerica and we will respond to your request within 30 days.

We will retain your information for as long as your account is in the system or as required by regulators or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, which may be indefinitely.

SECURITY

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. Some pages, such as those where we ask for credit card information, are encrypted, as is certain information we store in our database, however the vast majority of web pages displayed on the platform are not encrypted nor copy protected. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our platform you can contact our Admin.

SOCIAL MEDIA INTEGRATION

The Service, in numerous areas, may integrate with various social media websites and applications. These may include, but are not limited to, Facebook, Twiter, LinkedIn, and GooglePlus. We may enable you to post to your account on these sites, often as frictionless sharing, but only if you have provided us with, or connected via links or applications which contain your user information for the corresponding social media site(s).

Our platform also includes social media tools from various sites such as Facebook (e.g. the “Like” button), Twitter, Pinterest, Google+, et al. Each of these are a software program and clicking to activate them will cause a variety of behaviors; including they may collect your IP address, the page(s) you are visiting, and setting cookie(s), among other things, as well as displaying information on your account on those sites. These buttons and tools, while graphically displayed on our website are actually hosted by a third party (e.g. Facebook, Twitter, etc). Your interactions with these tools are governed by the terms of use agreements and privacy policies of the company providing the tool and NOT of FundAmerica.

TESTIMONIALS

We appreciate the feedback we get from our users! In many cases, we may display comments and testimonials we receive from users, in addition to other endorsements. If you write a comment, send us an email, or other communication, you hereby consent we may edit it in our discretion and use the edited content, along with your name, anywhere we desire and in any format, including derivative works, we desire, with no notice required, in various formats and locations including, but not limited to, our website(s), press releases, newsletters and marketing material. We retain the right, at our discretion, to decide which testimonials to use, where to use them, and for how long.

LINKS TO OTHER WEB SITES

This Privacy Policy applies only to our website and to specifically co-branded versions of the Service. Links to other websites not operated or controlled by FundAmerica (“Third Party Sites”) are provided for your convenience, and you hereby acknowledge and accept that you need to read the terms of use agreements and privacy policies of any and all site(s) that you click a link to visit.

A WORD OF CAUTION

Please remember that what you write or publish on the platform is usually visible to the public and that the information can be seen by others. Even password and encryption technology is not perfect and may fail or be hacked from time to time. We act only as a distributor and do not censure information or moderate the Service (though we may take action when notified of content which is illegal or in violation of the Terms of Use Agreement). When you make information available on the Service you do so at your own risk.

FundAmerica uses commercially reasonable technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to, or publish on the Service and you agree that you do so at your own risk. Once we receive your Content, we makes commercially reasonable efforts to secure our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. FundAmerica may, but is not obligated to, post a notice on our website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us by emailing our admin.

INTERNATIONAL USERS

The Service is hosted in the United States and is intended for and directed to Users in the United States. If you are accessing the Service from Europe, Asia, or any other region with laws or regulations governing personal data collection, use, retention, and disclosure that differ from United States laws, please be advised that through your continued use of the Service, which is governed by U.S. law, this Privacy Notice, and our Terms of Use Agreement, you are transferring your personal information to the United States and you consent to that transfer.

IN THE EVENT OF A SALE, MERGER, ACQUISTION, OR BANKRUPCTY

In the event that FundAmerica is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from and about you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

OTHER TERMS AND CONDITIONS

Your access to and use of this Site is subject to our Terms of Use Agreement, which you have agreed to by nature of your use of this website.

CHANGES TO FUNDAMERICA’S PRIVACY POLICY

We may periodically and unilaterally update this privacy policy at our discretions to reflect changes to our information practices. Our most current privacy policy will always be located and accessible via links on all of our web pages, with the date clearly displayed at the top so you will know of the most recent update. Your use of the Service is at all times governed by our most current posted Privacy Policy.

CONTACTING FUNDAMERICA

If you have any questions about this Privacy Policy, or our Terms of Use Agreement, you can contact: FundAmerica at 2300 W Sahara Ave, Suite 1170, Las Vegas, NV 89102.