Privacy Policy

Privacy Policy

June 2017

This Privacy Policy discloses how Fiducia Labs, LLC and its affiliated entities (“Fiducia,” “us,” “our,” or “we”) collect and use information and data gathered from and about users (each a “User” and referred to in this Privacy Policy (this “Policy”) as “you”) who access and use our software tools, technology and related services (collectively, the “Services”), including Users who access and use Fiducia’s proprietary investor management software solutions marketed and sold under the trade name “Marko,” and accessed by authorized Users through secure.getmarko.com (the “Site”), either directly or through other sites hosted by us but white labeled in the name of an issuer or manager. Specifically, this Policy describes the types of information we receive and collect, how we use the information we have about current and former Users, and the steps that we take to safeguard the information whether obtained through the Services or the Site, or provided to us otherwise. By using or accessing the Site or any of the Services, you agree to the terms and conditions contained in this Policy.

Information Collected

When we need to collect information from you to complete a requested transaction or provide you with a particular service, we will generally ask you to voluntarily supply us with the information we need. This information may include (a) personal data used to verify your identity, allow you to log onto the Site, verify your age, guard against potential fraud, and otherwise operate the Site and provide the Services consistent with legal and regulatory requirements, (b) personal and financial data used to verify your status as an accredited investor, and (c) other personal and financial information used for a variety of purposes. We may also collect information about you from other sources, including but not limited to: (i) our communications with you, including information obtained when you make an investment with an authorized User or otherwise volunteer information; (ii) your transactions with us, our affiliates, or other Users, including when you, as an investor, make an investment with another User who is an issuer or manager who uses the Services to subscribe investors and manage their on-going relationships with those investors; (iii) information about you provided to us by other parties, including Users who use the Services to subscribe investors and manage their on-going relationships with those investors; (iv) outside companies, such as credit reporting agencies, to evaluate your creditworthiness and credit history; and, (v) public sources, such as bankruptcy records and real estate records.

We divide information about you into two groups: (i) General Customer Information; and, (ii) Restricted Customer Information. “General Customer Information” is information about you and/or your business, including names, addresses, telephone numbers and email addresses, and similar information, including information that may have been gleaned from “Restricted Customer Information.” “Restricted Customer Information” refers to particularly sensitive information, such as social security or tax identification numbers, dates of birth, tax returns, financial statements, employment status and salary information, business plans, reports obtained from credit reporting agencies, bank account numbers, including routing numbers, and credit card numbers.

How Fiducia Uses and Discloses the Information we Collect

We may use and/or disclose General Customer Information and Restricted Customer Information to companies related to us by common control or ownership (“affiliates”), as well as any third parties, contractors, consultants, and advisers we may engage to assist us in carrying out any transaction that you have requested of us or authorized, or as may be necessary to complete our contractual obligations with you. Among other things, we will disclose General Customer Information and Restricted Customer Information to other Users who are issuers or managers who use the Services to subscribe investors and manage their on-going relationships with those investors, to the extent you make or maintain an investment with that other User. Such other User’s use of your information is outside of Fiducia’s control. We may also use and disclose to affiliates and third-parties both types of information for auditing, research and analysis to operate and improve Fiducia’s Services.

We and our affiliates may also use General Customer information in other ways, including, without limitation, to send you educational or promotional materials that we think may be of interest to you; provided, however, that we and our affiliates will not use your General Customer information obtained exclusively through the Site or the Services to engage in direct email or telephone marketing to you concerning investment opportunities offered or managed by us or our affiliates. From time to time we may also share your General Customer information with third parties so that these third parties can send you promotional materials regarding websites or the purchase of products or services that we think may be of interest to you. If you do not want us to share your General Customer Information with third-parties, including our affiliates, you may opt-out by sending us an e-mail at info@getmarko.com. Once we receive your opt out request, we will stop sharing your General Customer Information with these third-parties as soon as reasonably practical. Opting out of having your General Customer Information shared with third-parties will not remove you from our e-mail lists or from any third party’s lists. If you no longer wish to receive promotional e-mails from Fiducia, please use the unsubscribe feature found in our commercial e-mails. Please note that you will, however, continue to receive service-related e-mail messages that concern products and services you obtain from or through Fiducia.
Fiducia may also share aggregated information that does not identify your identity with outside companies. “Aggregated Information” refers to information Fiducia gathers by aggregating non-identifiable information to provide summaries of our Users and their use of the Site. Aggregated Information is used to show usage patterns and to do such things as negotiate with providers of products and services that we may want to offer our customers. Aggregated Information may also include information about the performance of certain investments, market trends and related data, all without disclosing information that can easily be connected to any specific User.

Except as set forth above or as otherwise required or permitted by law, Fiducia will not share Restricted Customer Information with third-parties without your prior authorization.

Regardless of whether or not you have opted out of sharing your General Customer Information or provided us authorization to share your Restricted Customer Information, we reserve the right to use and disclose Aggregated Information, General Customer Information and Restricted Customer Information, as required, to comply with the law, applicable regulations, governmental and quasi-governmental requests, judicial proceedings, court orders or subpoenas, to perform and enforce agreements between you and us, our affiliates, or partners, and to protect our and our affiliates’ rights, property or safety or to protect the rights, property or safety of others (e.g., to a credit reporting agency for fraud protection, or to prevent or limit fraud).

Service Providers

We may require the use of outside companies, contractors, advisors, and other third parties, to provide certain services including, without limitation, clerical and information processing and shipping services. For service providers rendering ongoing services to Fiducia under a written agreement, we will use commercially reasonable efforts to ensure that all third parties hired by Fiducia comply with our Privacy Policy in order to help protect your information.

Storage of Information

The security of the information you provide is important to us. We maintain physical safeguards, such as secure areas in buildings, and electronic and procedural safeguards, such as passwords and access limitations. Access to Restricted Customer Information about you is restricted to authorized employees obtaining the information for business purposes.

After information reaches Fiducia, it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of Fiducia. Remember, no method of transmission over the Internet, or method of electronic storage, is 100% secure (for example, any information you provide us by email is not encrypted). Therefore, while we will use commercially reasonable efforts to protect the information you provide us, we cannot guarantee its absolute security.

We may retain General Customer Information and Aggregated Information indefinitely. Restricted Customer Information will be retained for as long as you are using Fiducia’s Services, and thereafter to the extent required by applicable record retention policies or regulatory requirements.

Browsing the Site

The Site does not collect personally identifiable information from your computer when you browse the Site and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your email address, or any other personally identifiable information. Fiducia’s servers may automatically record non-personally identifiable information when you visit the Site or use some of our products. When you request a page from the Site, our servers log the information provided in the HTTP request header including the IP number, the date and time of the request, the URL of your request, the language used, the browser type and any other information that is provided in the HTTP header. We collect the HTTP request header information in order to make the Site function correctly and provide you the functionality that you see on the Site. We also use this information to better understand how Users use the Site and how we can better tune it, its contents and functionality to meet your needs.

Whenever you visit the Site, we may also send one or more cookies to your computer that store information on your computer, such as your preferences when visiting the Site. We use cookies when you sign in, to keep track of your personal session, including some account identifiers so that we can ensure that you are the only person making changes to your account. We also use cookies to track your activity on the Site as a unique person. All of this information is stored in an encrypted fashion for security reasons, and no personal information about you is stored. You can set your web browser to inform you when cookies are set or to prevent cookies from being set. Please note, however, that if you decline to use cookies, you may experience reduced functionality and slower site response times.

Log Files

As is true of most websites, if you visit the Site, we will gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track Users’ movements around the site and to gather demographic information about our User base as a whole. We do not link this automatically-collected data to General Customer Information or Restricted Customer Information.

Links to Other Sites

The Site may contain links to other sites such as our affiliates’ as well as other Users, service providers, and other third parties which are not owned or controlled by us. Please be aware that this Policy only addresses Fiducia’s use and disclosure of information collected on the Site. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave the Site and to read the applicable privacy policies and terms of conditions of each and every website that collects personally identifiable information.

Enhancement of Information

We may purchase marketing data from third parties and add it to our existing user database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our database of individual Users, we tie this information to the information they have provided to us.

Business Transitions

In the event that Fiducia goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your General Customer Information and Restricted Customer Information as well as Aggregated Information will likely be among the assets transferred. By using the Site, you consent to any such transfer of your information to Fiducia’s acquirers, successors, and assigns.

Changes to this Privacy Policy

We reserve the right to modify this Policy at any time without notice to you. The provisions contained in this Policy supersede all previous notices or policies regarding our privacy practices with respect to the Site or our products and services. Any and all changes made to this Policy will be posted on our Site and become effective immediately upon posting.

We encourage you to check the Site frequently to see the current Policy. Upon any material changes to the Policy, we will post those changes to this Policy, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.