Privacy policy.

This website is owned and operated by Triple Point Liquidity, Inc. We respect your privacy and understand that you have a right to know why we collect your personal information and what we do with it.  This Privacy Policy applies to information we collect through our Sites (as defined below) as well as information we may collect both online and offline.

The terms "you," "your," "yours," “user,” "customer," and “client” mean you as a user of our Sites. The terms "Triple Point Liquidity," “Triple Point,” "we," "us," and "our" mean Triple Point Liquidity, Inc. inclusive of its subsidiaries and affiliates.

This policy describes the type of information we collect from you and/or that you may provide us when you visit and/or use this website and/or any of our mobile applications or related interfaces including those which may be white labeled by a third party provider who is already in contractual privity with you (individually or collectively, “Sites”).

This Privacy Policy is governed by our Terms of Service. This Privacy Policy does not apply to any third-party websites and apps that you may use, including any that are linked to in Sites. You should review the terms and policies for third-party websites and apps before clicking on any links.

By accessing the Sites, you acknowledge this Privacy Policy and agree to be bound by the Privacy Policy terms and Terms of Service. If there is anything you do not understand, please email any inquiry to privacy@triplepointliquidity.com. If at any time you do not agree to this Privacy Policy or find yourself unable to comply with the Privacy Policy, please do not use the Sites or provide us with any personal information. 

We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Sites or emailing you notice of the changes. Changes to this Privacy Policy will be posted at this URL and will be effective when posted. You can tell if this Privacy Policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Sites following the posting of any change, modification or amendment shall constitute your acceptance of the updated Privacy Policy. 

YOUR SECURITY 

We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. We will not have access to your credit card number or other such financial data for transactions processed by our third party payment processor(s).

Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be secure. While we will use reasonable means to ensure the security of information you transmit through the Sites, any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties. We will not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act(s) or omission(s), corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, spoofing, phishing, sabotage, cybercrime or terrorism. We are not responsible for unauthorized circumvention of any privacy settings or security measures on the Sites.

 

INFORMATION WE COLLECT

Information You Provide to Us

We collect information when you register for and use the Sites, including information that identifies you as a person and/or as a natural person owner, director or control person of an entity (“Personal Information”). For example, when you register for the Sites, you may provide us with your name, email, and telephone number.

You may provide us with Personal Information about other individuals when you use our Sites, such as when you invite another individual to use the Sites.

 

Information We Collect Automatically

We also collect information through automated means when you visit our Sites (“Automated Information”). The Automated Information is related to how you use the Sites and the actions you take when accessing the Sites. For example, Automated Information may include the IP address of the device you use to connect to the sites and the pages you accessed on our Sites. Your devices (depending on their settings) may also share information that we collect as Automated Information. For example, your device information may include your browser characteristics and your operating system.

We collect Automated Information automatically as you navigate through our Site as explained further below. Please see our Cookie Policy.

We may collect information, which may include certain Personal Information data such as your IP address, from your browser when you use our Sites. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (a) IP-address; (b) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (c) unique device identifier and device type; (d) domain, browser type and language; (e) operating system and system settings; (f) country and time zone; (g) previously visited websites; (h) information about your interaction with our Sites such as click behavior, purchases and indicated preferences; and (i) access times and referring URLs.  

Most web browsers automatically accept cookies. If you do not wish to have cookies on your system, you can set your browser to refuse them. Please review the specific instructions from your browser in order to do this. However, please note that not accepting cookies may make certain features of our Sites unavailable or difficult to view or use.

In some of our email messages we may use a “click-through URL” linked to content on our Sites. When you click one of these URLs, you will pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our Sites. If you prefer not to be tracked through our emails, simply avoid clicking text or graphic links in the email.

Our web server may collect clickstream information such as the address (or URL) of the website that you came from before visiting the Sites, which pages you visit on the Sites, which browser you used to view the Sites, and any search terms you may have entered on our site, among other things. The Sites may also use other technologies to track which pages our visitors view.

HOW WE USE THE INFORMATION WE COLLECT 

We do not sell or rent your Personal Information.

We use the information we collect to operate, improve, and protect our Sites, and to develop new Sites. Most commonly, we will use your Personal Information in the following circumstances:

  • Where you have asked us to do so, or consented to us doing so;

  • Where we need to do so in order to perform a contract we have entered into with you;

  • Where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests; and

  • Where we need to comply with a legal or regulatory obligation.

We may also use the information we collect to generally improve the overall services we offer you and other users, such as fixing issues or bugs with our Sites and preventing abuse of the Sites.

HOW WE MAY SHARE YOUR INFORMATION

We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you. We do not share your Personal Information or information collected about you with any third parties except as set forth herein.

We may share your information with third parties that we use to provide and support our Sites. These parties provide services such as authentication, electronic signature, customer support, and data storage. We enter into agreements with these third-party service providers that protects your information. These third-party service providers agree to use the information only to perform their obligations to us.

If we seek investors or go through a business transition, your Personal Information may be shared. A business transition may include, but is not limited to, a merger, partial or full acquisition by another company, or a sale of all or a portion of our assets. Your Personal Information may be shared as part of the negotiation of the business transition and will likely be transferred in the event of a sale or partial sale of our assets.

We may disclose your Personal Information when legally required to do so. We may be legally required to do so to cooperate with law enforcement investigations or other legal, regulatory or compliance related proceedings, to protect against misuse or unauthorized use of the Sites, to limit our legal liability and protect our rights, or to protect the rights, property or safety of users of the Sites or the public.

HOW WE RETAIN YOUR INFORMATION

We will retain your personal information for the period necessary to fullfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law, for legal, tax, compliance or regulatory reasons, or other lawful purposes.

When we have no ongoing legitimate business need to process your personal information, we will make commercially reasonable efforts to either delete or anonymize it. If this is not possible, then we will securely store your personal information until deletion or anonymization is possible.

HOW WE PROTECT YOUR INFORMATION

The security of your Personal Information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once it is received.

TARGETED ADVERTISING AND REMARKETING

We do not use your Personal Information for advertising or remarketing.

OTHER WEBSITES

Our Sites may contain links or references to websites operated by third parties, or you may have come to our Sites using a link found in another website. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any website that may be linked to the Site. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities. Our privacy practices may differ from those of these other websites. If you provide Personal Information at one of these third-party websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website's privacy policy before providing such website with any Personal Information.

If you use a third-party website or application to access our Sites or your account on our Sites, your activities on such third-party sites or apps are governed by the privacy practices of those sites or apps. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or the manner in which the collect, store, or process data.

YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT

There are ways by which you can control how your Personal Information is used.

Tracking 

You can set your browser to refuse some or all cookies or to alert you when cookies are being sent. Please visit your specific browser’s instructions for doing this. The “Help” function on most browsers contains information on how you can set your browser to notify you before accepting cookies, or you can disable them entirely. If you opt out of cookies, you may not be able to take advantage of various features of the Sites that are available to other users. For example, we may use cookies to recognize you by name when you return to this site so you don’t have to login again and provide your password each time. If you use more than one browser, you will need to change each browser’s settings in order to refuse cookies.

DISCLOSURE FOR LEGAL PURPOSES 

You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement, government agencies or quasi-governmental agencies with jurisdiction over us if we are legally required to do so. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Sites, such as fraud, misrepresentation, intellectual property infringement, cybercrime, hacking, or other activity that may put us at risk for liability.

NOTICE TO CALIFORNIA CONSUMERS

If you are a resident of California, please click here for specific provisions that apply to you.

NOTICE TO EUROPEAN UNION RESIDENTS

If you are a resident of the European Union, please click here for specific provisions that apply to you.

DISPUTES

This Privacy Policy will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. By visiting the Sites, you agree that, except as otherwise specified herein, the laws of the State of New York without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Sites.

We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: privacy@triplepointliquidity.com and include the words “DISPUTE NOTICE” in the subject. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.

Arbitration

ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Privacy Policy, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Privacy Policy, including with respect to the interpretation of any provision of this Privacy Policy or other agreements between you and us, or concerning the performance or obligations of you and us, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:

  • Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in New York, New York.

  • Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

  • Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

  • Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

  • Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.

  • Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

Class-Action Waiver

Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

CHILDREN 

We do not permit persons under 18 years of age to use the Sites, and we do not knowingly collect, use or disclose Personal Information from anyone under 18 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 18, we will make reasonable efforts to delete such information from our records. 

CONFIDENTIAL INFORMATION

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

ASSIGNMENT 

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder to any successor.

CONTACT

If you have any questions about your privacy or security at the Sites, or wish to update your Personal Information, please send an email to privacy@triplepointliquidity.com.    

 

DATE LAST MODIFIED: April 16th, 2020