Last updated 7/29/2018
This website is a general audience site and we do not knowingly collect personal information from children under the age of 13. For more information about the Children’s Online Privacy Protection Act (COPPA), view the FTC website at www.ftc.gov.
- Information We Collect.
We collect personally identifiable information that can identify you such as your name, address, telephone number, mobile number, e-mail address and Social Security Number (“Personally Identifiable Information” or “PII”). We also collect information such as demographic data and data about your online activity on our website that does not identify you (“Non-Personally Identifiable Information” or “Non-PII”). PII and Non-PII are known together as “Information.” We may also collect and store Information that you provide to us about other people (such as co-borrowers), including their name, address, telephone number, mobile devices, email address and Social Security Number.
- How We Collect Information You Provide.
a. From You. We collect Information you provide to us in connection with inquiring about or obtaining our services. The Information we collect from you will vary depending on the product or service requested.
b. Other Sources. We may obtain Information about you from third parties such as: credit reports, information about your home and demographic information. None of the information obtained is shared with any matched service provider relating to your inquiry, rather the information may only be accessed by and disclosed to our employees with a legitimate business need to know in accordance with applicable laws and regulations. Information such as Social Security Number (SSN), date of birth (DOB), address and phone number may be verified by third parties to assist in the prevention of identity theft, consumer identification and verification. Divergent Capital takes your privacy seriously and performs these checks using best practices according to industry standards and does not alter or change the information you provide in your inquiry form.
Other Technologies. We may use web beacons and other standard Internet technologies to track your use on our websites. Web beacons (also known as clear gifs, pixel tags, targeting and re-targeting pixels, third party pixels or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. We also may include web beacons in e-mail messages or newsletters to determine whether messages have been opened and acted upon.
- How We Use Information.
a. In General. We may use Information to:
– Deliver the products and services you requested;
– Manage your customer relationship and provide you with customer support;
– Research and analyze your use of, or interest in, our products, services and content and the products, services and content offered by others;
– Communicate with you via e-mail, telephone, postal mail and/or mobile devices about products or services that may be of interest to you;
– Develop and display content and services tailored to your interests on our website and other websites;
– Develop and deliver targeted advertisements;
– Measure the overall effectiveness of our online advertising, content, programming and other activities;
– Verify your eligibility and deliver prizes in connection with promotions, contests and sweepstakes;
– Manage our business; and
– Perform functions as described to you at the time of collection of the information.
b. Financial Information. Depending on the service requested, we may use financial information to: (i) match you with agents, brokers, financing providers, including merchant cash advance providers, or lenders; (ii) provide you with conditional offers from financing providers, including lenders’ or merchant cash advance providers’ conditional offers; (iii) as well as to verify your identity, protect against or identify possible fraudulent transactions; or (iv) otherwise as needed to manage our business.
c. Job Applicants. If your PII is submitted when applying for a position with us, the information will be used solely in connection with considering and acting upon your application. We may retain your PII for a period of time, but only for the purpose of considering your application for current or future available positions or as required by law.
4. With Whom do we Share Your Information
b. Services Providers. We may share your personal information with our authorized service providers that perform certain services on our behalf including, but not limited to service providers that perform services on our behalf in connection with your request for a loan or other financing, and/or the servicing of your loan. These third parties include, without limitation, credit bureaus, title companies, flood or other insurance companies, appraisal companies, escrow companies, closing agents, marketing and customer services firms, credit card processors, or entities that provide business analysis or website support. These third parties may have access to PII needed to perform their functions.
5. Other Situations. We also may disclose your information at our sole discretion:
– In response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as we reasonably believe is required by law. In such cases, we may raise or waive any legal objection or right available to us.
– When we believe disclosure is appropriate in connection with efforts to investigate, prevent or take other action regarding actual or suspected illegal activity or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees or others; or to enforce our websites’ terms and conditions or other agreements or policies.
– In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, asset sale or in the unlikely event of bankruptcy.
– In connection with state and/or federal licensing requirements, if any, wherein reporting of information regarding your inquiry to the closing of your transaction. You authorize Divergent Capital to obtain any and all necessary information required from the “Lender” or “Provider” you choose to report back any and all required information relating to the disposition of your request. For example, if the transaction closed, if you withdrew the request, if you were not approved. In addition, under current reporting requirements the provider may provide to Divergent Capital, the loan or similar product that you selected, the terms of the same, fees, rate, etc., in order to comply with current laws and regulations.
For certain products and services available through Divergent Capital’s Website, we will not share your email address or phone number with the Provider or Lender with whom you are matched. Where this feature is available for a product or service, it will be noted on the web page for that product or service. Nevertheless these Providers and Lenders will still receive other PII about you and they may retain or use your PII whether or not you use their services and you should contact these Providers or Lenders directly concerning their privacy and information sharing practices, which may differ from ours.
- Non-Personally Identifiable Information.
We may share Non-PII with third parties, in our discretion.
- Third Party Links and Policies.
Our website contains links to other websites owned and operated by third parties. These third parties and their servers may be located in the United States or in other countries. We do not control, and are not responsible for, the privacy and security practices of these third parties. We recommend that you review the privacy and security policies of these third parties to determine how they handle Information they may collect about you.
- Updating and Accessing Your Information.
The appropriate method(s) for accessing your Information, if any, will depend on which sites or services you have used. Depending on the respective service, you may have the ability to view or edit some of your information online. If you have submitted a loan (or other) request with us, you can update your personal information by contacting our Customer Care Department at email@example.com. Our address is 95 Morton St., New York, NY 10014.
- Choices about Collection and Use of Your Information.
a. You can choose not to provide us with certain information, but that may result in the inability to use certain features of our websites or receive certain products or services. Public forums are not intended for the disclosure of PII. To the extent you provide PII in any public forum, it is at your own risk.
b. Federal and state regulations may require that we store completed loan or other requests for various periods of time. In order to comply with these requirements, we may be unable to delete your information from our database until the expiration of the applicable period.
- How we Protect your PII.
We take industry standard security measures (including physical, electronic and procedural measures) to help safeguard your PII from unauthorized access and disclosure. In addition to the restrictions outlined above, we require employees to comply with information security safeguards, we use encryption in the transmission of your PII between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your PII.
No system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your PII, searches or other communications will always remain secure. Users should also take care with how they handle and disclose their PII. Please refer to the Federal Trade Commission’s website for information about how to protect yourself against identity theft.
- Visiting our Websites From Outside the United States.
- No Rights of Third Parties.
- How to Contact Us.