Privacy Policy

Notice: By using this Website, you agree to be bound by this Privacy Policy, the Terms of Use and all disclaimers and terms and conditions that appear elsewhere on this Website. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

1. About This Privacy Policy

Welcome to the Herio Capital website, www.heriocapital.com (together with any user, borrower or investor accounts on this website, the “Website”). This Privacy Policy (this “Policy”) sets forth Herio Capital’s policy with respect to:

  1. The information we collect in connection with the operation of this website, including your account on the Website (your “Herio Capital Account”);
  2. How information collected from or about you is used; and
  3. How you can access and correct certain information that we may collect.

If you do not agree with anything contained in the Policy, please do not submit information to, access information from, or otherwise utilize the Website.

In this Privacy Policy:

  • Users of this Website , including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, a user, borrower or investor, are referred to as “you” or “your.”
  • Herio Capital LLC. ,a Delaware limited liability company, together with its applicable subsidiaries, affiliates, assignees, successors and its and their respective officers, directors, employees and agents are referred to as “Herio Capital,” “we,” “us” or “our.” Together, you and we may be collectively referred to as “Parties.”

The Website is designed for owners, employees and agents of businesses, corporations and other entities contemplating entering into loans, potential investors and any person interested in learning more about Herio Capital, its products and services. This Policy also applies to:

  • information we collect from you via the Website, including your use of, and activities on, the Website;
  • information obtained or disclosed through electronic correspondence or communication; and
  • information obtained from commercially available data.

The Website is intended for persons 18 years of age and older. If you are under 18, we ask that you do not submit any personal information through the Website, by e-mail or any other means of communication to Herio Capital.

2. Modifications to This Policy

By using or accessing the Website, you agree that we may modify this Policy at any time without prior notice. We will have no further obligation to notify you of any modifications. Herio Capital reserves the right to make changes to this Policy at any time and from time to time. Your continued use of the Website after any modification of this Policy will conclusively indicate your acceptance of the modification and the Policy as so modified.

It is your responsibility to review this Policy from time to time to see if modifications have been made. Any modification is effective immediately upon posting on the Website. You will know if this Privacy Policy has been modified since your last visit to the Website by referring to the “Last Modified” date at the bottom of this page. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.

3. Exclusions

This Policy applies only to information collected through our Website and by e-mail, telephone and other electronic communication and not to information collected otherwise, if any. This Policy does not apply to any unsolicited information you provide to Herio Capital through the Website or through any other means. This includes, but is not limited to, any ideas for new products or modifications to existing products, and other unsolicited comments or submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Herio Capital shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

4. Information We Collect

We collect information about you in three ways:

  1. Information You Provide: When you create your Herio Capital Account, take part in an investment, initiate a transaction or similar activities, you will generally be required to provide personally identifiable information such as name, address, telephone number, tax identification number (i.e., Social Security Number or Employer Identification Number), e-mail address, income, asset value and commercial property information and/or those of the business, corporation or other entity of which you may be an owner, employee, agent or representative. You may also have to provide certain documents (e.g., tax returns) to verify your status an “accredited investor,” as such term is defined pursuant to Rule 501(a) of Regulation D of the Securities Act of 1933.

By voluntarily providing us with personally identifiable data, you are consenting to our use of it in accordance with this Policy. If you provide personally identifiable data to us via the Website, e-mail, telephone or other electronic means, you acknowledge and agree that such data may be transferred from your current location to the offices and servers of Herio Capital and/or any third party service providers authorized by Herio Capital, which may be located in the United States or other countries.

  1. Information from Third Parties and Other Sources: Third parties, such as credit rating agencies, may provide us with information on you. We will obtain a credit score for any business, corporation or other entity interested in becoming a borrower only with the permission of an authorized representative or agent of the entity. We may also obtain additional commercially available information from third parties or public sources. We may combine this information with information we already have about you, to create or offer more tailored personalized products and services for you, to evaluate your loan application or similar purposes.
  2. Information from Your Use of the Website: We may collect information additional user behavior information during your use of the Website. Such information includes, but is not limited to:
  • Device Information - We may collect device-specific information (such as your hardware model, operating system version, Internet browser or mobile internet browser, unique device identifiers, and, if applicable, mobile network information including phone number, IP address of your mobile device). Herio Capital may associate your device identifiers or phone number with your Herio Capital Account(s).
  • Log Information - When you use the Website or view content provided in the Website, we may automatically collect and store certain information in server logs, including with respect to your usage of the Website, pages you visited, the content you viewed, etc.
  • Location Information - We may collect and process information about your actual location, such as GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.
  • Unique Application Numbers - Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to Herio Capital when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.

5. Our Use and Storage of Your Personally Identifiable Information

Any of the information we collect from you may be used in one or more of the following ways:

  • To provide you services and access that are personal to you, including your Herio Capital Account (for example, information you provide in a loan application may be used in connection with processing your loan);
  • To personalize your experience (your information helps us to better respond to your individual needs);
  • To enhance our Website and the services we offer (we continually strive to improve the Website, its content and functionality, and to understand the needs and preferences of our borrowers and other users, based on the information and feedback we receive from you and other users);
  • To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
  • To administer a contest, promotion, survey or other site feature;
  • To send you periodic communications (the e-mail address you provide at registration or for transactions or investments may be used to send you information and updates pertaining to your loan or transaction request, in addition to occasional news, updates, related product or service information, etc.)
  • To obtain, with your authorization, third-party data from credit bureaus or others in connection with your loan application;
  • To verify your identity and guard against potential fraud;
  • To enforce agreements and/or carry out regulatory checks; and
  • To create a loan listing on the Herio Capital website which may include a credit grade based upon your personal and business history and financials.

Note: If you would like to unsubscribe from receiving e-mails at any time, please contact us by sending us e-mail to info@heriocapital.com.

The personally identifiable information that you provide and that we collect will be stored and maintained by Herio Capital for so long as we, in our sole discretion, believe is necessary or appropriate (a) to carry out the purpose(s) for which such information was collected, in accordance with this Policy, or (b) to comply with applicable laws, contracts or other rules or regulations. When you contact Herio Capital, we may keep a record of your communication to help solve any issues you might be facing.

If you register for a Herio Capital Account as a borrower or investor, the personal information that you provide and that we collect will be stored and maintained by Herio Capital for as long as you maintain an active Herio Capital Account and for as long thereafter as may be required by any applicable law or regulation.

Upon our collection of your personally identifiable information, Herio Capital may use such personally identifiable information internally, separately or in combination with pre-existing information, for the purposes below. We will ask for your consent before using information for any purpose other than those described here:

  • to contact you, including via e-mail, to respond to your comments or requests for information;
  • to troubleshoot problems with the Website, or any services, as requested;
  • to improve our products and services and identify, develop or offer new products and services;
  • to contact you with more information about Herio Capital and its services;
  • to customize your experience, content or Herio Capital Account, including providing you with more relevant products, services or content;
  • to enforce our Terms of Use or this Policy or other legal rights;
  • to generate aggregate statistical studies and conduct research which may be used in marketing our services to you or to third parties; and
  • to provide any legitimate business service or product.

When showing or providing you with tailored content, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health. We may combine personal information about you received from several sources in order to tailor the content you may access and/or receive.

6. Cookies and Other Technologies

We use various technologies to collect and store personal and non-personally identifiable information when you use the Website. This may include sending one or more cookies or anonymous identifiers to your computer or mobile device, including “web beacons,” clear GIFs, pixel tags and other means. “Cookies” are small files that a website or its service provider transfers to your computer or mobile device through your Internet browser when you visit a website that enable the website’s or service provider’s system to recognize your browser and capture and remember certain information. “Pixel tags” are not visible to a user of a website and consist of a few lines of computer coding delivered with the web pages accessed. Herio Capital may use such technologies or similar technologies to obtain non-personal information from you as an online visitor.

Most browsers accept Cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. Generally, information in your browser’s “Help” section of the toolbar, or on the website of the browser designer or vendor, will explain how to turn off or modify your browser’s settings regarding Cookies. Please note that without Cookies, you may not be able to take full advantage of all of the Website’s features.

We may use Cookies, among other things, to keep track of any advertisements we may display or to compile aggregate, non-personally identifiable data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use information about or from users collected on our behalf, except to help us conduct and improve our business.

7. Safeguarding Your Access Information and Password; Your Responsibilities

Subject to our account registration procedures and the Terms of Use, you may not be granted access to your Herio Capital Account, your account information or certain investment or financial information online until you have entered a user name and password. To conduct a financial transaction, the user will be required to identify itself by using the last four digits of the user’s Social Security Number or Employer Identification Number.

As a user of the Website and your Herio Capital Account, you are solely responsible for maintaining the secrecy and confidentiality of your password, PIN and other account information and should take steps to protect them from misuse. You are solely responsible for all actions or activities that occur on the Website or any Herio Capital server, computer, system, network, cloud or software connected to or through the website that is performed on or through your Herio Capital Account during the time your user ID and password are logged in to the Website, whether or not expressly authorized by you. You and we acknowledge and agree that we have no duty to inquire as to the authority or propriety of any instructions given to or input on the Website or your Herio Capital Account using your ID and password or other security data or credentials and that we are entitled to act upon any such instructions or input without liability to you.

Although we strive to develop and maintain adequate safeguards designed to protect personal information, please be aware that no security measures are completely secure or impenetrable. We cannot guarantee that only authorized persons will view your information or that information you share on the Website or via e-mail or other electronic communication with Herio Capital will not become publicly available or intercepted by third parties. By your continued use of the Website, you acknowledge and agree that Herio Capital and its service providers will not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to Herio Capital by e-mail or other electronic communications or via the Website.

If you become aware of any unauthorized use of, loss or theft of your username, password, PIN, or other account information or credentials, you should immediately inform us at info@heriocapital.com .

8. Our Sharing and Transfer of Your Personal Information

Herio Capital will not trade, sell or share your personal information with or to any third party except in the following circumstances:

  • With Your Consent - We will request your consent before sharing any sensitive personal information.
  • With Your Third Party Service Providers - If you have given third party service providers, representatives or agents access to your Herio Capital Account, then your Herio Capital Account, investment and/or loan information will be visible to such persons and they may have access to messages and communications from us sent to your Herio Capital Account and/or e-mail address.
  • Related Entities – As noted above, applicable subsidiaries, affiliates, assignees or successors of Herio Capital may have access to your personal information for purposes consistent with this Privacy Policy.
  • As Required by Law or for the Protection of Rights - Herio Capital reserves the right to disclose your personally identifiable information based on the good faith belief that such action is necessary or appropriate to:
  1. meet any applicable law, regulation, legal process or enforceable governmental or judicial request (including discovery or subpoena);
  2. enforce our Terms of Use or this Policy, including investigation of potential violations or criminal activity by you or third parties;
  3. detect, prevent, or otherwise address fraud, security or technical issues;
  4. protect and defend the rights or property of Herio Capital, its directors, officers, employees, agents or service providers; or
  5. act in urgent circumstances to protect the safety or security of the public (or any segment thereof) or of users of Herio Capital’s services and/or the Website.
  • Marketing/Research - We may share aggregated, non-personally identifiable user information publicly and/or with companies that perform marketing services on our behalf or with other financial institutions with which we have joint marketing arrangements. For example, we may share information publicly to show trends about the general use of our services or the Website. We may also sell or make available for free such aggregated, non-personally identifiable information to third parties.
  • Change of Control - In the event that Herio Capital is involved in a transaction or event such as a merger, acquisition, reorganization or sale of assets, your personal information may be transferred to the other party in such transaction. You will be notified by e-mail and/or a prominent notice on the Website of a change in ownership of Herio Capital or material transfer of control of your personal information, as well as any choices you may have regarding your personal information.
  • 9. Indemnity for Service Provider Acts

    You and we acknowledge and agree that Herio Capital shall have no liability to you or any other person for, or resulting from, any acts or omissions by any agent, representative or third-party service provider whom you may at any time delegate, or who is acting on your behalf, while such person is using your Herio Capital Account. You hereby agree to indemnify, save and hold harmless Herio Capital, its affiliates and subsidiaries and its and their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, consultants, employees and advisors in their individual and representative capacities from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees and expenses and any amount paid in settlement to a third party, brought by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of any such act or omission by your agent, representative or third-party service provider while such person is using your Herio Capital Account, regardless of whether the specific use was authorized by you.

    10. Your Access to Your Personal Information

    We attempt to keep your files complete, up-to-date, and accurate. We offer several ways for you to update your personal information or notify us about information needing correction:

    • You may use the contact information set forth at the end of this document to contact us for any inquiry or request regarding this Policy or the handling of your personal information;
    • You may log in to the Website and correct any information about yourself on your Herio Capital Account;
    • You may contact us directly if you wish to: (a) update or delete your contact information or (b) request that we stop sending you promotional or other information via mail or e-mail. Such requests should be sent to us at info@heriocapital.com ;
    • You may also unsubscribe to any of our e-mails by following the “unsubscribe” instructions in any e-mail message; or
    • You may close your account at any time.

    We reserve the right to deny access to your personally identifiable information (a) when such denial of access is required by law, (b) when granting you access is reasonably likely to negatively impact other people's privacy, (c) to protect our rights and property and (d) when such requests are frivolous or made for fraudulent purposes or in bad faith.

    11. Children’s Privacy

    The Website is intended for persons 18 years of age and older. We do not knowingly collect personal information from persons under 18 years of age. Accordingly, the provisions of the Children’s Online Privacy Protection Act do not apply to the Website. We encourage all parents and guardians to talk to their children about online safety and privacy and to monitor their children’s use of the Internet and mobile applications.

    12. Our Security Measures and Use of SSL; Users Outside the United States

    The data and privacy protection applicable or available to your personal information may differ from the protections required by the laws of certain countries or territories, such as the European Union. We make no claims that the Website or any of its contents may be downloaded or accessed outside of the United States or are appropriate for or comply with the laws of any other country or territory. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country. You may not use or export any content of the Website in violation of U.S. export laws and regulations or any other U.S. or foreign statutes, rules or regulations, or international treaties.

    We have security measures in place to protect against the loss, misuse and alteration of the information under our control. However, please note that transmissions via the Internet, telephone, e-mail, mobile networks and other electronic means are never completely private or secure. You acknowledge that (i) any messages or personal information you send to us or the Website, including by e-mail, may be read or intercepted by third parties and (ii) in the unlikely event of a security breach, the servers containing your information could become accessible. If you have any questions about the security of personally identifiable information we collect, please contact us at info@heriocapital.com .

    Data transmitted via the Website may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Website. To the extent such technology is utilized on a given page, you may be unable to use certain account or customization features of the Website unless your web browser software supports such encryption. Please note that no technology can be considered completely secure or impenetrable and Internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that we shall have no liability to you for any such exploitation or criminal conduct by third parties.

    13. General

    You acknowledge and agree that all rights not otherwise expressly granted to you by this Policy are reserved to Herio Capital. This Policy, together with the Terms of Use, which are hereby incorporated by referenced herein in their entirety, constitutes the sole and entire agreement between you and us with respect to the subject matter hereof and thereof and supersedes all other prior or contemporaneous negotiations, discussions, agreements, understandings, representations and warranties, both written and oral, between you and us with respect to such subject matter. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Herio Capital as a result of this Policy or any use of the Website. The failure of Herio Capital to exercise or enforce any right or provision of this Policy shall not constitute a waiver of such right or provision. If any provision of this Policy is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, the Parties agree that the court should give effect to the Parties' intentions as reflected in such provision, and the other provisions of this Policy shall remain in full force and effect. The section titles in this Policy are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Herio Capital nor trade or industry practice shall serve to modify or waive any provision of the Policy. For purposes of this Policy, the terms “include,” “includes,” “including,” “such as” and “for example,” shall be construed as if each term were followed by the words, “without limitation.” Except where context requires otherwise, use of the singular form of any noun includes the plural, use of the plural includes the singular, and use of any masculine, feminine or neutral pronoun includes any other gender.

    14. Choice and Opt-Out Preference; Termination

    If, at any time, you prefer not to receive further e-mail communications from Herio Capital, you will have the ability to unsubscribe from all or some of such communications by updating your preferences in your Herio Capital Account or to contact us to opt out using the contact instructions listed below. If, at any time, you prefer not to receive any other form of communication from Herio Capital, you will have the ability to unsubscribe from such communications by:

    • Contacting us directly at info@heriocapital.com ;
    • Unsubscribing to any of our e-mails by following the “unsubscribe” instructions in the body of any e-mail message; or
    • Closing your Herio Capital Account.

    As noted above, we will retain your information for as long as your Herio Capital Account is active or as needed to provide you services or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel your Herio Capital Account or request that we no longer use your information to provide you services, contact us in accordance with the contact information above.

    15. Choice of Law; Forum for Disputes

    This Policy and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to this Policy, the Website or the Content, the interpretation, validity or performance of this Policy, the rights and obligations of you and us under this Policy or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.

    We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, City of New York, Borough of Manhattan (the “New York Courts”) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to this Policy (including any non-contractual claims), the Website, the interpretation, validity or performance of this Policy, the rights and obligations of you and us hereunder or any transaction contemplated by the Website. You and we each waive (give up) any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an LLConvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts. You and we each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.

    16. WAIVER OF JURY TRIAL

    WE AND YOU EACH ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS POLICY OR THE WEBSITE AND FOR ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (I) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH THE PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (II) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (III) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY AND (IV) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS PROVISION.

    17. CLASS ACTION WAIVER

    WE AND YOU EACH AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED AS A CLASS ACTION (including WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

    18. Links to Third Party Websites

    The Website may also contain links to websites that are not controlled or operated by us. This Policy does not apply to such third party websites, and Herio Capital is not responsible for the content of such websites or the privacy practices of the third parties controlling or operating such websites. We encourage you to request and review the privacy policies of any third parties before disclosing your information such parties or visiting such third party websites. Any links to third party websites or information do not imply that Herio Capital sponsors, endorses or has reviewed such websites or information.

    19. Special Notice to California Residents

    Your Rights Under S.B. 27

    Under S.B. 27 as enacted in California law, 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 S.B. 27: please send a message to info@heriocapital.com . Please include the phrase “California Privacy Request” in the subject line, and provide us with your name, address and e-mail address. We will respond to you within thirty (30) days of receiving such a request.

    Do Not Track

    Herio Capital supports Do Not Track (“DNT”) with respect to your usage of the Website. DNT is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit donottrack.us.

    When you turn on DNT in your browser, we stop collecting the information that allows us to optimize the services and communications we provide you and offer additional Herio Capital products and services that may be of interest to you based on your recent visits to websites that have integrated our buttons or widgets. Specifically, we stop collecting the unique browser cookie that links your browser to your previous visits to these websites.

    Third Party Collection of Your Personally Identifiable Information

    Third parties may collect personally identifiable information about your online activities over time and across different websites when you use the Herio Capital Website.

    20. Questions or Comments – Our Contact Information

    Herio Capital welcomes questions and comments about this Policy. Questions or comments should be directed to info@heriocapital.com. This e-mail address should not be used for any inquiries relating to specific loans or investments.

    Effective Date:

    12/15/2014

    Last Modified:

    12/15/2014