Last modified: April 14, 2023
What This Policy Covers
This Policy describes the types of information we may collect from each user (“user” or “you”) or that you may provide when you visit the website at www.mycnote.com (our “Website”), as well as when you use applications, software, tools and other services provided by us when you create a CNote account for yourself or your organization, and/or when a CNote account is created for you or your organization, or when you email us or respond to our emails (collectively, our “Platform Services”), and our practices for using, maintaining, protecting and disclosing that information.
This Policy does not apply to practices of companies we do not own or control or people we do not manage. If you are not our client but have any questions or concerns about how your information is handled or would like to exercise your rights as a data subject, you should contact the person or entity who has contracted with us to use the Platform Services to process your information. We will provide assistance to our clients to address any concerns you may have, in accordance with the terms of our contract with them and applicable law.
Please read this Policy carefully to learn how we treat your personal information. If you do not agree with our policies and practices, you may choose not to use our Website or our Platform Services. By accessing or using the Website and/or our Platform Services in any manner, you accept the practices and policies in this Policy. This Policy may change from time to time. Your continued use of this Website and/or our Platform Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
Information We Collect About You and How We Collect It
We may collect several types of information from and about users of our Website and our Platform Services. When you provide it to us when using our Platform Services, we collect information by which you may be personally identified, such as name, postal address, email address, and telephone number, and if you invest in a CNote promissory note, your date of birth, bank account information, social security number, and information and documentation related to your status as an accredited investor or certified investment professional (collectively, “Personal Information”). We collect Personal Information when you provide it to us at the time of indicating interest in our Platform Services, and also when registering and setting up a user profile for yourself or your organization, as applicable, subscribing to newsletters or emails, or requesting further services. We may also ask you for Personal Information when you report a problem with the Website and/or the Platform Services or abuse by another user. In addition, we collect information that is about you but that does not individually identify you, such as aggregated information regarding the usage patterns of all users. Finally, we may collect information about your internet connection, your geographic location, the equipment you use to access the Website and/or the Platform Services, and your usage details. We collect this information automatically as you use the Website and/or the Platform Services, through cookies and other tracking technologies.
In addition, third parties, such as credit rating agencies, may provide us with information about you or your organization, as applicable. We will obtain a credit score for any business, corporation or other entity interested in using our Platform Services to become an investor only with the permission of an authorized representative or agent of that entity. We may also obtain additional commercially available information about you or your organization from third parties or public sources.
The collection of Personal Information is necessary for the functionality of your account or your organization’s account, as applicable, with respect the Platform Services and/or to comply with applicable laws and regulations related to the Platform Services. We may keep records and copies of all correspondence if you contact us. We may keep details of transactions you carry out through the Platform Services.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website and/or Platform Services, we may use automatic data collection technologies to collect certain information about your equipment, location, browsing actions and patterns, as further described in this Policy.
We may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). We currently do not respond to web browser signals and other mechanisms that allow users to exercise choice about behavioral tracking.
- Web Beacons. Pages of the Website or emails we send to you may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs). These beacons permit us, for example, to count users who have visited those pages, opened emails, and for other related Website and/or Platform Services statistics (for example, recording the popularity of certain content and verifying integrity).
- Google Analytics. We use third-party services such as Google Analytics that collect, monitor and analyze information such as Internet Protocol (“IP”) address, browser type, browser version, the pages visited, the time and date of use, the time spent on pages and other statistics in order to increase the Website’s functionality and optimize our user experience. Click here to learn more about how Google Analytics collects and uses your data. You may opt out of Google Analytics data collection by clicking this link. Note that clearing your cookies could reset your opt-out status, and Google also has its own policies, which we cannot control, that dictate how they use your information and how you may opt out.
How We Use Your Information
We use information that we collect or that you provide to us about you or your organization, as applicable, including any Personal Information, to present the Website and the Platform Services to you, for the following purposes:
- To provide you with information, products or services requested by you or your organization, as applicable;
- To fulfill any other lawful purpose for which you specifically provide it;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you or your organization, as applicable, and us, including for billing and collection;
- To notify you about changes to the Website and/or the Platform Services;
- To contact you about the Platform Services and other news or information that may be of interest to you or your organization, as applicable;
- To better understand the behavior of our users and improve the Website and our Platform Services;
- In any other way we may describe when you provide the information; and
- For any other purpose with your express consent.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose Personal Information that we collect or you provide as described in this Policy as follows:
- To our subsidiaries and affiliates;
- To contractors, service providers and other third parties we use to support our business, including, but not limited, Dwolla and Abound (as described further below) and to service providers who help us analyze the behavior of our users and improve the Website and/or the Platform Services;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Website and/or Platform Services users is among the assets transferred;
- To fulfill the lawful purpose for which you provide it;
- To comply with any court order, law or legal process, including to share required information with the Internal Revenue Service (as described further below) and to respond to any government or regulatory request;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of CNote, our users or others;
- For any other purpose disclosed by us when you provide the information; and
- With your express consent.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Emails from CNote. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions.
Accessing and Correcting Your Information
You can review and change your Personal Information by calling us at (800) 449-6275 or emailing us at firstname.lastname@example.org.
Special Notice for California Residents
Under California Civil Code Section 1798.83-84, known as the Shine the Light Act, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of Personal Information shared. To make a request under the Shine the Light Act, please send a message to email@example.com. We will respond to you within thirty (30) days of receiving such a request.
Data Security and Retention
We seek to protect your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Information and how we are processing it. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to our Platform Services, you are responsible for keeping this password confidential, limiting access to your computer and/or mobile device and browser, and signing off after you have finished accessing your account. We ask you not to share your password with anyone.
Unfortunately, no method for the transmission of information via the internet or the storing of data is completely secure. Although we employ commercially reasonable, industry-standard methods to protect your Personal Information, we cannot guarantee the security of your Personal Information provided to us. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or provided in connection with the Platform Services.
With respect to the Platform Services, we retain Personal Information about you only as long as is necessary for the fulfillment of the relevant purposes. After the end of the purpose, we delete your Personal Information in compliance with legal retention rights and obligations and insofar as other legal regulations do not conflict with this.
Retention Periods. We will retain your information:
- As long as you have an open account with us or as otherwise necessary to provide you with our Platform Services.
- After your account is closed, if doing so is necessary to comply with our legal obligations (e.g., tax regulations), resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation.
- As long as necessary for the fulfillment of our own purposes, to the extent the Personal Information is retained in an anonymous or aggregated form that does not identify an individual personally.
Individuals Under the Age of 18
Our Website and Platform Services are not intended for individuals under 18 years of age. No one under age 18 may provide any Personal Information to us. We do not knowingly collect Personal Information from individuals under age 18. If you are under 18 years of age, do not provide any information on the Website or on or through any of our Platform Services, make any purchases through the Website or the Platform Services, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received Personal Information from an individual under the age of 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about an individual under 18 years of age, please contact us at firstname.lastname@example.org.
It is our policy to post any changes we make to our Policy on this page. If we make material changes to how we treat or utilize our users’ Personal Information, we will notify you by e-mail to the e-mail address specified in your or your organization’s account, as applicable, and/or through a notice on the Website home page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this Policy to check for any changes.