In this policy, “Originate Capital” or “we” refers to Originate Capital Inc. a Delaware corporation with a principal place of business at 8 The Green, Ste D Dover Delaware 19901 (together with our subsidiaries, our holding company, and subsidiaries of our holding company from time to time) and “Platform” means our website at https://originatecapital.co/ and https://app.originate.capital/ as well as our software, namely Originate Capital.
In this policy, “personal information” refers to any data, information, or combination of data and information that is provided by you to us, or through your use of our products or services, that relates to an identifiable individual.
This policy sets out :
- the information we collect about you when you visit our website, use our products or services, or otherwise interact with us;
- how we use, share, store, and secure the information; and
- how you may access and control the information.
1. What information we collect about you
1.1 We collect the following types of information about you:
- (a) account and profile information that you provide when you register for an account or sign up for our products or services, for example your name, your company’s full legal name, username or similar identifier, other personal and business description, job title, date of birth and gender, physical address (billing or delivery or both), email address, telephone number(s), financial statements, bank account information (collectively, “Account Data”);
- (b) information you provide through support channels, for example when you report a problem to us or interact with our support team, including any contact information, documentation, or screenshots (collectively, “Support Data”);
- (c) communication, marketing, and other preferences that you provide us when you participate in a survey or a questionnaire that we send you (collectively, “Preference Data”);
- (d) details of any transactions, purchases, or orders that you’ve made with us (collectively, “Transaction Data”);
- (e) payment information, for example your payment card information, bank account details and financial statements (collectively, “Financial Data”);
- (f) information about your device or connection, for example your internet protocol (IP) address, log-in data, browser type and version, time-zone setting, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our products or services and information we collect through cookies and other data collection technologies (please read our Cookies Policy for details) (collectively, “Technical Data”);
- (g) Information about your use of or visit to our Platform, for example your clickstream to, through, and from our Platform, products you viewed, used, or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods to browse away from the page (collectively, “Usage Data”).
1.2 We collect the above information when you provide it to us or when you use or visit our Platform. We may also receive information about you from other sources, including:
- (a) our personnel, agents, advisors, consultants, and contractors based in Hong Kong SAR, China in connection with our operations or services, for example our staff engaged in the fulfilment of your order, processing of your payment, and provision of support services;
- (b) other users of our products or services, for example brokers and agents introducing new users to the Originate Capital Platform;
- (c) other services linked to your account, for example if you register or log in your account using your Google, Bank Account, Accounting Service Provider credentials, we receive your name and email address as well as other data related to your account to authenticate you, as permitted by your Google, Bank Account, Accounting Service Provider profile settings;
- (d) our group companies or overseas offices that provide information technology services, system administrative services, and marketing and sales services;
- (e) our business partners and service providers based in Hong Kong SAR, China who provide technical, payment, banking, accounting, delivery services, advertising networks, analytics, market research, and search information services.
1.3 We do not collect sensitive data or special category data about you. This includes details about your race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, or sexual orientation.
2. How we use information we collect
2.1 We only use your personal information where the law allows us to. We use your personal information only where:
- (a) we need to perform the contract we have entered into (or are about to enter into) with you, including to operate our products or services, to provide customer support and personalised features, and to protect the safety and security of our Platform;
- (b) it satisfies a legitimate interest which is not overridden by your fundamental rights or data protection interests, for example for research and development, and in order to protect our legal rights and interests
- (c) you’ve given us consent to do so for a specific purpose, for example we may send you direct marketing materials or publish your information as part of our testimonials or customer stories to promote our products or services with your permission; or
- (d) we need to comply with a legal or regulatory obligation.
2.2 If you have given us consent to use your personal information for a specific purpose, you have the right to withdraw your consent any time by contacting us (please refer to paragraph 9 for contact information), but please note this will not affect any use of your information that has already taken place.
2.3 We do not share your personal information with any company outside our group for marketing purpose, unless with your express specific consent to do so.
2.4 For visitors to or users of our Platform who are located in the European Union, we have set out our legal bases for processing your information in the Legal Bases Table at the end of this policy.
3. How we share information we collect
3.1 We share information with other companies in our group in order to operate our Platform and to offer and improve our products and services.
3.2 We share information with third parties that help us operate, provide, support, improve, and market our products and services, for example third-party service providers who provide website and application development, data storage and backup, infrastructure, billing, payment processing, customer support, business analytics, and other services.
3.3 Third-party service providers have access to your personal information only for the purpose of performing their services and in compliance with applicable laws and regulations. We require these third-party service providers to maintain confidentiality and security of all personal information that they process on our behalf and to implement and maintain reasonable security measures to protect the confidentiality, integrity, and availability of your personal information.
3.4 We take reasonable steps to confirm that all third-party service providers that we engage process personal information in the manner that provides at least the same level of protection as is provided under this policy. Where any third-party provider is unable to satisfy our requirements, we will require them to notify us immediately and we will take reasonable steps to prevent or stop non-compliant processing.
3.5 We may share personal information on aggregated or de-identified basis with third parties for research and analysis, profiling, and similar purposes to help us improve our products and services.
3.6 If you use any third-party software in connection with our products or services, for example any third-party software that our Platform integrates with, you might give the third-party software provider access to your account and information. Policies and procedures of third-party software providers are not controlled by us, and this policy does not cover how your information is collected or used by third-party software providers. We encourage you to review the privacy policies of third-party software providers before you use the third-party software.
3.7 Our Platform may contain links to third-party websites over which we have no control. If you follow a link to any of these websites or submit information to them, your information will be governed by their policies. We encourage you to review the privacy policies of third-party websites before you submit information to them.
3.8 We may share your information with government and law enforcement officials to comply with applicable laws or regulations, for example when we respond to claims, legal processes, law enforcement, or national security requests.
3.9 If we are acquired by a third party as a result of a merger, acquisition, or business transfer, your personal information may be disclosed and/or transferred to a third party in connection with such transaction. We will notify you if such transaction takes place and inform you of any choices you may have regarding your information.
4. How we store and secure information we collect
4.1 We use data hosting service providers based in Hong Kong SAR, China, Singapore, Korea, Australia, Germany, USA to host the information we collect.
4.2 We have adopted the following measures to protect the security and integrity of your personal information:
- (a) information is encrypted using TLS/SSL technology;
- (b) your account is password-protected, with the requirement(s) that passwords must be at least 8 characters long, with a combination of letters and numbers;
- (c) access to your personal information is restricted to personnel or service providers on a strictly need-to-know basis, who will only process your information on our instructions and who are subject to a duty of confidentiality; and
- (d) our information collection, storage, and processing practices are reviewed regularly.
4.3 We have put in place procedures to deal with any suspected privacy breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
4.4 While we implement safeguards designed to protect your information, please note that no transmission of information on the Internet is completely secure. We cannot guarantee that your information, during transmission through the Internet or while stored on our systems or processed by us, is absolutely safe and secure.
4.5 We only retain personal information for so long as it is reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. After such time, we will delete or anonymise your information, or if this is not possible, we will securely store your information and isolate it from further use. We periodically review the basis and appropriateness of our data retention policy.
5. How we transfer information internationally
5.1 We are headquartered in the United States and may use service providers that operate in other countries. We collect information globally and primarily store that information in Hong Kong SAR, China, Singapore, Korea, Australia, USA. We transfer, process, and store your information outside your country of residence where we or our service providers operate for the purpose of providing our products and services to you.
5.2 Some of the countries in which our companies or service providers are located may not have the privacy and data protection laws that are equivalent to those in your country of residence. When we share information with these companies or service providers, we make use of contractual clauses, corporate rules, and other appropriate mechanisms to safeguard the transfer of information.
6. Your rights
6.1 You have the right to:
- (a) be informed of what we do with your personal information;
- (b) request a copy of personal information we hold about you;
- (c) require us to correct any inaccuracy or error in any personal information we hold about you;
- (d) request erasure of your personal information (note, however, that we may not always be able to comply with your request of erasure for record keeping purposes, to complete transactions, or to comply with our legal obligations);
- (e) object to or restrict the processing by us of your personal information (including for marketing purposes);
- (f) request to receive some of your personal information in a structured, commonly used, and machine readable format, and request that we transfer such information to another party; and
- (g) withdraw your consent at any time where we are relying on consent to process your personal information (although this will not affect the lawfulness of any processing carried out before you withdraw your consent).
6.2 Our Platform enables you to update certain information about yourself, for example your name.
6.3 You may opt out of receiving marketing materials from us by using the unsubscribe link in our communications, by updating your preferences within your account on our Platform, or by contacting us. Please note, however, that even if you opt out from receiving marketing materials from us, you will continue to receive notifications or information from us that are necessary for the use of our products or services.
6.4 As a security measure, we may need specific information from you to help us confirm your identity when processing your privacy requests or when you exercise your rights.
6.5 Any request under paragraph 6.1 will normally be addressed free of charge. However, we may charge a reasonable administration fee if your request is clearly unfounded, repetitive, or excessive.
6.6 We will respond to all legitimate requests within one (1) month. Occasionally, it may take us longer than a month if your request is particularly complex or if you have made a number of requests.
7. Changes to this policy
7.1 We may amend this policy from time to time by posting the updated policy on our Platform. By continuing to use our Platform after the changes come into effect, you agree to be bound by the revised policy.
8. Policy towards children
8.1 Our products and services are not directed to individuals under 18. We do not knowingly collect personal information from individuals under 18. If we become aware that an individual under 18 has provided us with personal information, we will take steps to delete such information. Contact us if you believe that we have mistakenly or unintentionally collected information from an individual under 18.
9. Contact us
9.1 Please contact us at email@example.com or submit any written request to:
Originate Capital Inc.
8 The Green, Ste D, Dover, Delaware, 19901, United States of America
Attn: Attention to Data Privacy Officer, Originate Capital
9.2 Please contact us in the first instance if you have any questions or concerns. If you have unresolved concerns, you have the right to file a complaint with a data protection authority in the country where you live or work or where you feel your rights have been infringed.
10. Notice to European users
The information provided in this “Notice to European users” section applies only to individuals in the United Kingdom, Switzerland, and the European Economic Area (hereafter collectively referred to as “Europe”).
We need to process your personal information operate our Services, including managing your account or transactions, responding to your requests or inquiries, providing you with access to content or information you requested, etc. We may need to process your personal information for additional purposes, such as:
– Research and development purposes
– To ensure access and maintenance of our Services, and to ensure their proper functioning
– For marketing purposes. For compliance, fraud prevention and safety
– To disclose your personal information to a prospective or actual purchaser or seller in the context of a merger, acquisition or other reorganization or sale of our business or assets.
– To protect our interests as a company, for different purposes, such as:
– enforcement of the Terms of Service assess claims that any content violates the rights of third-parties:
– establishing or exercising our legal rights or defending against legal claims
The processing of your personal information is necessary to perform the contract governing the provision of our Services or to take the necessary steps prior to signing up for the Services.
We rely on our legitimate interests to process your personal information when performing these processing activities. We do not use your personal information for these purposes where our interests are overridden by the impact on you. We are subject to certain legal obligations that may oblige us to disclose your personal information to courts, law enforcement or regulatory authorities.
The processing of your personal information is necessary to comply with our legal obligations. You may allow third party ad partners and advertisers to use tracking technologies while you use our Website or Services. We may invite you to participate on a voluntary basis to our surveys about our Services. We may process your personal information for any other purposes for which we will seek your consent. In these scenarios, the processing of the personal information you voluntarily provide to us is based on your consent. Where we rely on your consent, you have the right to withdraw it any time in the manner indicated when you consent to the processing.
Sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics, criminal background or trade union membership) through the Service or otherwise. We encourage you not to share such sensitive personal information with us.
Your rights. Under applicable EU and UK data protection laws, you have the following rights in respect of your personal information:
a. to obtain information about how and on what basis your personal information is processed and to obtain a copy;
b. to rectify inaccurate personal information;
c. to erase your personal information in limited circumstances where (i) you believe that it is no longer necessary for us to hold your personal information; (ii) we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (ii) where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and (iv) where you believe the personal information we hold about you is being unlawfully processed by us;
d. to restrict processing of your personal information where: (i) the accuracy of the personal information is contested; (ii) the processing is unlawful but you object to the erasure of the personal information; (iii) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defence of a legal claim; or (iv) you have objected to us processing your personal information based on our legitimate interests and we are considering your objection;
e. to object to decisions which are based solely on automated processing or profiling;
f. where you have provided your personal information to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller; or
g. to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.
Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, to the processing of your personal information by us and we may be required to no longer process your personal information. Moreover, if your personal information is processed for direct marketing purposes, you have the right to object at any time to the processing of personal information concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal information will no longer be processed for such purposes by us.
When you request us to provide the personal information we collect and process about you, we will ask you for additional data to confirm your identity and for security purposes, before disclosing data requested by you. We reserve the right to charge a fee where permitted by law. We will decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we will retain where necessary certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.
You have the right to lodge a complaint with a supervisory authority in relation to the processing of your personal information, however, we invite you to contact us first. Please note that the right of access and the right to erasure do not constitute absolute rights and the interests of other individuals may restrict your right of access or erase in accordance with local laws.
Cross-border data transfer. Your personal information may be transferred and stored outside your place of residence, to countries which are subject to different standards of data protection. In particular, if you live in the EEA, UK or Switzerland, you should be aware that your personal information may be shared with, and transferred to, Originate Capital affiliates and third-party service providers who are located outside the EEA, UK or Switzerland. We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognised as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights. To this end:
a. we will ensure that transfers within Originate Capital and its affiliates will be covered by an agreement entered into by members of Originate Capital (an intra-group agreement) which contractually obliges each member to ensure that personal information receives an adequate and consistent level of protection wherever it is transferred within the Originate Capital group;
b. where we transfer your personal information outside Originate Capital or to third parties who help provide our Services, we will obtain contractual commitments from them to protect your personal information; and
c. where we receive requests for information from law enforcement or regulators, we will carefully validate these requests before personal information is disclosed. You have a right to contact us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.
Last updated: 1 October 2022