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.
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:
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.
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:
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.
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:
Note: If you would like to unsubscribe from receiving e-mails at any time, please contact us by sending us e-mail to email@example.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:
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.
7. Safeguarding Your Access Information and Password; Your Responsibilities
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 firstname.lastname@example.org .
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:
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:
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 email@example.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.
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:
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 firstname.lastname@example.org . 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 email@example.com. This e-mail address should not be used for any inquiries relating to specific loans or investments.