Last Amended 6-22-23
Types of Information We Collect
To provide our Services, and facilitate exchanges, we obtain personal information directly from you and obtain information about you indirectly through electronic communications and third parties.
Depending on the Services you seek to access we may require that you provide us with some or all of the following types of personal information: Name, Phone Number, Financial Information, Accreditation Status, Payment Information, Address, Entity Information, Joint Owner Information, Employment, Investment Experience, Email, SSN (or equivalent), Date of Birth, Citizenship, and/or Investment Suitability Information.
Our registration process, surveys, and questionnaires may request that you provide other information that you may, at your option, choose to provide or withhold. Any such information provided will be subject to this policy.
If required to help us verify your identity, you may provide us a copy of your driver’s license, passport, or other government-issued ID. If required to help us verify your residence, you may provide us with a utility bill, lease, or other proof of residence. You may also provide us with other verification documents, such as bank statements reflecting the source of funds, to meet U.S. Bank Secrecy Act or anti-money laundering, US Treasury department rules or regulations, or other legal requirements. If you seek to invest through an entity, you may provide us with documentation relating to the entity’s jurisdiction of formation, legal status, and ownership. By providing the verification information and documents mentioned above, you also provide us information within those records, which may include characteristics of protected classifications like your sex, age, national origin, and citizenship.
Automatically or Passively Collected Information
In addition to the information you directly provide, we automatically or passively collect information when you access or use our Services, we collect your IP address, device identifiers, click path, use of our Website, Services, and other electronic data. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website and Services are being used, and for security and monitoring purposes. In order to determine whether your computer is supported by our system, we may collect additional technical information, including your operating system and browser, as well as the presence of any software that our Website and Services may require to operate with your computer, smartphone or other third party software.
A “cookie” is a small amount of data, often including an anonymous unique identifier, which is sent to your browser from a website’s computer 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 use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services. By using the Website, you consent to this use.
We may also use so-called “pixel tags” – small graphic images (also known as “web beacons” or “single-pixel GIFS”) – to tell us what parts of our website have been visited or to measure the effectiveness of searches customers perform on our Site. Pixel tags also enable us to send email messages in a format customer can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our users. You can “opt out” of receiving these types of communications from us by following the directions provided elsewhere in this policy.
Some web browsers transmit “do-not-track” signals to websites. At this time, our Services are not designed to respond to these signals or similar mechanisms from browsers.
We may send email messages that use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked, simply do not click text or graphic links in the email, or notify us at firstname.lastname@example.org.
Information Related to Your use of the Services
We collect certain information about you when you visit the Website and interact with any of our Services. We collect information about when you use Services, the pages within the Website you visit, the links you click on, the type, size, and names of files you upload or download, and the search terms you use. If you invite others to use the Website, we retain information about your referral.
We collect information in connection with the transactions you become a party to through our Services, including your participation in primary offerings via the Website and Services. Transaction data includes, without limitation, the terms on which you purchase or sell securities and information relating to price, size, volume, class of securities, offers, acceptances, transfer restrictions, and any derivative data related thereto.
We collect information about you from third-party sources with which we maintain various commercial relationships. We utilize a third-party identity verification service provider to help us confirm your identity, prevent fraud, money laundering, and other illegal activity, and to satisfy legal requirements relating to the Services. We also receive information about you and your activities from third-party service providers, such as Google, LinkedIn, and other advertising, social media, and market research partners who provide us with information about you, and/or your engagement with and interest in our Services. We may also receive information about you from our third-party marketing partners, referral programs, IRA service providers, partnership agreements, and/or under joint marketing arrangements.
How We Use Information We Collect
We may use your information for the following commercial purposes: (1) Administer, operate, facilitate and manage your relationship with Cultivate Capital and deliver the Services; (2) Facilitate our business operations, including fulfilling our legal and regulatory requirements such as identity verification, validation, anti-money laundering, and “Know Your Customer” protocols; (3) Determining your eligibility to invest; (4) To enable you to subscribe for securities, make and receive payments and execute transactions; (5) To satisfy our record keeping and transfer agency obligations under applicable laws, rules, and regulations; (6) To communicate with you about the Services and target our marketing, advertising, and sales efforts to enhance your user experience and increase engagement. These communications may alert you to new Services, offerings, features, content, and promotional events; (7) Provide you with information about our current Services, including onboarding materials, the availability, and terms of new investment opportunities, reminders, and information about your previous investments; (8) To verify your identity, accounts, and activity, monitor suspicious or fraudulent activity and identify violations of Service policies. We also use your information to debug, identify, and correct errors; (9) On a de-identified, aggregated basis, for research and development activities, including to analyze how you use the Services to help us understand usage patterns and know if there are problems with the Services or areas ripe for improvement; (10) To be shared with any issuer using our Services, to be used by them to contact you, or if applicable, your designated representative(s) by post, telephone, text message, electronic mail, facsimile, etc. in connection with your interest in their securities offering which shall be evidenced by you either “liking” or “following” said issuer or their securities offerings, or by you initiating the investment application process with said issuer by starting to fill out the investment application forms for their securities offering; and/or (11) Contact you or, if applicable, your designated representative(s) by post, telephone, text message, electronic mail, facsimile, etc., in connection with your relationship with Cultivate Capital, including information and updates about our Services.
In addition, if we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, creation of a trust or other affiliated entity, receivership or sale of Cultivate Capital’s assets, or other corporate transaction affecting Cultivate Capital, your information may be shared, transferred or sold under a duty of confidentiality as part of a transaction as permitted by law or by contract. By using the Services, you consent to receive calls and messages, including SMS messages (including text messages) from us, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers) by us or any issuer using our Services in connection with your interest in their securities offering as set out in the prior paragraph. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You can “opt out” of receiving these types of communications from us or an issuer by following the directions provided elsewhere in this policy. If your relationship with Cultivate Capital ends, we will continue to treat your personal information, to the extent we retain it, as described in this policy.
How We Share Information We Collect
We do not share personal data with third parties (other than certain issuers as set out above or with FINRA registered broker-dealers with whom we associate for purposes of facilitating any securities offering on our website or using our Services) for their direct marketing or similar purposes without your consent. We also do not offer financial incentives, preferential service agreements, or any other differences in our prices or Services in exchange for your data.
The manner in which partners, service providers, and others with whom we share and/or disclose your information is governed by the policies of such parties, and we shall have no liability or responsibility for the privacy practices or other actions of any such parties. Generally, you can easily recognize when one of our partners is associated with a service. However, certain parties may provide services anonymously, and, in this case, we will only share information that is directly related to the applicable service(s). This may include the incorporation of your personal information into databases maintained to validate information for identity verification, including verification for anti-money laundering and “Know Your Customer” protocols.
By registering for our website and and/or Services, you agree and consent to allowing us to share your name, address, e-mail address and telephone number, as well as other personally identifiable information (but not payment or banking information), with issuers who are using the App, Site and/or Services to raise capital, once you begin the process of filling out the online forms to invest in said issuer, or if you “like” or “Follow” any such issuer on our website or through our Services. You also consent to being contacted by such issuers using the information we share, for purposes of compliance or assisting with completing your application to invest or for their marketing purposes. You also agree and consent to allowing us to share your name, address, e-mail address and telephone number, as well as other personally identifiable information with any FINRA registered broker-dealer who assists us with securities compliance or otherwise, and you consent to being contacted by such entities using the information we share, for purposes of compliance or assisting with completing your application to invest.
We employ other companies to perform functions on our behalf that (1) underwrites and solicits investment in our offerings, (2) assists us with facilitating our offerings through other services such as providing compliance assistance, (3) assist in the administration of our Services, Website and our advertising and marketing efforts, (4) provide identity verification services, data analytics companies that help us target our offerings, and (5) payment providers and others involved with compliance, KYC/AML, PATRIOT Act compliance and background checks. We may need to share your information with these companies.
Potential Business Combination
To operate the Services we share information about you as needed with our service providers, including financial institutions, broker-dealer(s), accountants, auditors, lawyers, payment processors, information technology consultants, advisors, and our affiliates. We only share information to the extent it is required to fulfill our obligations to you and to regulators and to operate the Website and the Services.
We do routinely share information with companies closely related to us – our “Affiliates” – for certain purposes under this policy. By “Affiliate,” we mean an entity that controls, is controlled by, or is under common control with Cultivate Capital, whether the control results from equity ownership, contract, overlapping management, or otherwise. In this context, “control” means the ability to replace the officers or directors or otherwise materially influence or control management decisions. Our Affiliates will be entitled to enjoy our rights under this policy and we will be responsible for our Affiliate’s conduct under this policy.
We may share information about you with the US, state, or international regulators or FINRA where we believe doing so is required or appropriate to comply with any laws, regulations, or other legal processes or law enforcement requests, such as court orders or subpoenas.
How We Safeguard Your Personal Information
Security Systems and Processes
We have put in place security systems 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: (1) Our Website and Service may have password-protected sections that requires users to give us unique identifiers such as their user ID and password and authenticate themselves prior to accessing the Services; (2) We use industry-standard encryption technology for any information we store; (3) We provide access to our databases containing Personal Information on a need-to-know basis only; and (4) We use automated tools to monitor network traffic to identify unauthorized attempts to upload information, change information, or otherwise seek to gain unwarranted entry to our systems.
Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. Please understand, though, that this information should not be construed as a warranty that our security systems are fail-proof. Due to the nature of Internet communications and evolving technologies, we cannot provide and we also 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.
Credit/Debit Card Security
Cultivate Capital will safeguard the confidentiality and security of the information we obtain from you. This notice describes our policy as it relates to the collection, protection, and disclosure of such information resulting from Debit card transactions only.
Cultivate Capital will collect and use information obtained from credit card transactions only for business purposes. The credit card information provided by you to Cultivate Capital will be stored in a confidential manner. Our employees may access such information only when there is an appropriate business reason to do so, such as when a refund must be issued back to the credit card. We maintain physical, electronic, and procedural safeguards to protect your information, and our employees are required to follow these privacy standards. Transmission of information, including any payment information, is encrypted and protected. Cultivate Capital does not disclose any nonpublic information (such as debit card numbers and expiration dates), except as required by law. We disclose information only when it is necessary for the conduct of government business, or under circumstances where disclosure is required by law. Information may also be disclosed for audit purposes, to regulatory agencies, or for other general administrative services.
Other Important Privacy Information
Opting Out of Communications
If you wish to stop receiving marketing or promotional communications or to opt out of the use of your information for the purposes described in this policy, please follow the opt-out instructions, such as clicking “Unsubscribe” (or similar opt-out language), in those communications. You can also contact us at email@example.com to opt-out. Despite your indicated email preferences, we may send you service-related communications, including notices of any updates to our terms of service or this policy. Please understand that you will not be allowed to opt out of certain communications required to comply with applicable laws, rules, and regulations or other legal and related notices concerning your relationship to Cultivate Capital.
Changing or Deleting Information
All users may review, update, correct or delete the Personal Information furnished by a user by contacting us at firstname.lastname@example.org or, in certain cases, by accessing your account. If you request, we will take reasonable steps to remove your name and other personal information from our databases. Please understand, however, that: (1) it may be impossible to remove this information completely, due to IRS and regulatory reporting requirements, investments on the platform and the rights thereof, and data backups and records of deletions; (2) if you request deletion of your information, you will be unable to use certain features of associated Services; and (3) certain Personal Information may remain in our databases following the deletion of your account pursuant to our data retention needs.
We retain the information we collect for as long as you use the Services (including your ownership of securities in Cultivate Capital entities) or as necessary to fulfill the purposes for which it was collected, provide our Services, resolve disputes, establish legal defenses, enforce our agreements and comply with applicable laws. We may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to record retention obligations or otherwise as required by law. We may retain an archived copy of your records as required by law or for legitimate business purposes.
Lost or Stolen Information
You must promptly notify us if you become aware that any information provided by or submitted to Services is lost, stolen, or used without permission.
Download or Access Personal Information
You can ask us for a copy of your Personal Information, including a copy in machine-readable form, by emailing us at email@example.com.
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 OR SERVICES. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR WEBSITE AND SERVICES.
Please understand that we cannot necessarily tell if a user is providing us with his or her true age. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files within a reasonable time.
Changes to this Policy
If you wish further information concerning privacy policies in general and concerning online social networking and safety, you should visit the FTC’s website.
We Operate in the United States
Cultivate Capital is based in the United States. The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your personal information.
European Economic Area Residents
If you are an individual residing in the European Economic Area (“EEA”), we collect and process information about you only where we have legal bases for doing so under applicable EU laws, including the General Data Protection Regulation (“GDPR”). The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where: (1) We need it to provide you the Services, including to operate the Services, perform a contract with you, take necessary steps prior to performing a contract or at your request, provide customer support, and to protect the safety and security of the Services; (2) It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promotes the Services, to personalize services you receive, and to protect our legal rights and interests; (3) You give us consent to do so for a specific purpose, or we need to process your data to comply with a legal requirement. If you have consented to our use of information about you for a specific purpose, you may change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you may object to that use though, in some cases, this may mean no longer using the Services. To do so, please email us at email@example.com.
In the event of a data breach, we will endeavor to notify you within 72 hours of detection of a breach that we conclude poses significant risks to your rights and freedoms under the GDPR. You may also lodge a complaint with a supervisor authority in the EEA member state in which you reside.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with which the California resident has an established business relationship what types of personal information if any, the business shares with third parties for direct marketing purposes by such third parties and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, please contact us by email at firstname.lastname@example.org.
We do not share nonpublic personal financial information we collect about Vermont residents with non-affiliated third parties except for our everyday business purposes or as otherwise permitted by law. If you wish to revoke any authorization to share your nonpublic personal financial information, please contact us for assistance at email@example.com, though we will no longer be able to provide you Services or access to the Website.
If you have any questions about this policy, the practices of this Website, or your dealings with this Website, please contact us by e-mail as follows: firstname.lastname@example.org