Privacy Policy

This statement is effective as of May 15, 2023.

Last updated on January 26, 2023

Introduction

‍Thank you for your interest in ScaleCapital business. When we refer to ScaleCapital within this Privacy Statement, we are referring to ScaleCapital, LLC and its various subsidiaries, affiliates, and associated products (collectively, “ScaleCapital,” “we,” “our,” or “us”). We respect the privacy of our users when they use our websites, mobile and other online applications and products and services (collectively, the “Sites”). We are a business-to-business dealer finance provider that offers state-of-the-art online and mobile account management tools, title services, records management and collateral protection products and services. Our Service is not intended for consumers. Services offered by the Sites are not directed to individuals under the age of eighteen (18). If you are under eighteen (18), you should not provide any personal information to us. By using the Sites, you consent to the use of your information and information about you in accordance with this Privacy Statement. If you do not agree, do not access the Service.This Privacy Statement applies to information collected through the Sites and does not describe the collection, use and disclosure practices of any of our corporate affiliates or third parties. However, the Sites may utilize information from corporate affiliates, third parties, and other publicly available information. For information on the collection, use and disclosure practices of any company with whom you are doing business, whether or not affiliated with Scale Capital, please review their privacy policies.

This Privacy Statement covers:

  • Information We Collect:
    1. Information You Provide
    2. Automated Information
    3. Data Technologies
    4. Videos
    5. Location Information
    6. Publicly Posted Information
    7. Combined Information and Information from Other Sources
  • How We May Use the Information We Collect
  • Applications, Widgets and Social Media
  • Advertising Networks
  • Information We Share:
    1. Affiliates and Dealers
    2. Our Service Providers
    3. Corporate and Asset Transactions
    4. Other
  • Your Choices
  • Access and Correction
  • Links
  • Data Security
  • Disputes
  • Updates to this Privacy Statement
  • How to Contact Us
  • Your California Privacy Rights
  • The Information We Collect

    Information is gathered from the Sites by us, our service providers, advertisers, sponsors and partners.

    ‍Information You Provide

    We may collect information that you choose to provide on the Site (which may include your name, address, telephone number, email address, dealer or company name, social security number or other valid government-issued identification number, credit information, bank account, payment and other financial information) in a variety of ways, such as when you:

    1. Register for one of our products or services;
    2. Use our services to purchase a vehicle or engage in any other transaction on or through the Sites;
    3. Provide payment information or authorize electronic ACH transfers or other payments;

    ‍Automated Information

    ‍Information regarding your use of the Sites may be collected and/or aggregated through the use of automated means. This automatically collected information may include information such as:

    1. Your IP address, the type of browser and operating system used;
    2. Date and time you access the Sites and pages you visit, and if you linked from or to another website, the address of that website;
    3. Email you open and links you click on within those emails;
    4. Your ISP or mobile carrier, and the type of handheld or mobile device that you used.

    ‍Data Technologies

    ‍Various technologies are used to automatically collect information, such as cookies, local shared objects, and web beacons (generally referred to as “Data Technologies.”) “Cookies” are small identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser. “Local shared objects,” sometimes known as Flash cookies, may be used to store your preferences or display content based upon what you have viewed on various websites to personalize your visit. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies. Anonymous advertising identifiers are increasingly being used on mobile devices and otherwise in a manner similar to cookies. When we refer to Data Technologies, we are including all current and similar future technologies.
One or more Data Technologies may be used on the Sites and other websites and mobile applications (that may not be the Sites) by us, by another party on our behalf, or by third parties in accordance with their privacy policies. Data Technologies may be used by us and others, on our behalf and on their own behalf, to transmit information to you or about you and connect information about you from different sources, websites, devices, and mobile applications.
We may use a uniquely generated trackable toll-free telephone number on the Sites or in advertisements. If you call one of these uniquely generated toll-free numbers, we (or a service provider acting on our behalf) may collect non-personally identifiable information about the call (e.g. date, time, duration).

    ‍Videos

    ‍We may target and track the videos you view on the Sites. You consent to our tracking of your video viewing through the Site or third-party social media for up to two years or as permitted by applicable law.

    ‍Location Information

    ‍We may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We only collect Location Information with your permission (e.g., such as when you agree to provide it to us after initial access to or downloading our App). We may use Location Information and provide it to third parties to provide you with content and services that are relevant to a particular location, such as advertising, search results, auctions in the area, and directions.

    ‍Publicly Posted Information

    ‍Information that you make available to us and others via social media networks, forums, blogs, list serves, chat rooms or similar functionality is public information that we or others may share or use in accordance with the law.

    ‍Combined Information and Information from Other Sources

    ‍We may combine information that you provide to us with information we receive from our affiliates and other sources, as well as with other information that is automatically collected. The combined information may include information about your use of the Sites, your use of other websites, devices and mobile applications and information from our affiliates and other sources.

    How We May Use the Information We Collect

    We may use information we collect for the following purposes:

    1. For everyday business purposes, such as establishing and managing your user account, providing products and services you request, and providing customer support;
    2. To offer our other products or services and/or the products or services of others to you;
    3. To communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes and other offers or promotions;
    4. To enable you to interact with the Sites and our users, auctions, and others through various means, such as through our message boards, blogs and social media;
    5. To evaluate and improve our business, including developing new products and services and analyzing the effectiveness of products, services, applications and websites;
    6. To diagnose and address technical and service problems;
    7. To perform data analyses, including market and consumer research, trend analysis, demographic analysis and financial analysis;
    8. To deliver content (including advertising) correlating to your interests and browsing and usage history, both within the Sites and on other websites and applications;
    9. To comply with applicable legal requirements and our policies;
    10. To provide vehicle sale information, transaction data and other information and material to affiliates and third parties;
    11. To contact you via telephone, text or chat (and by using the Site and agreeing to the Terms of Use, you agree to be contacted by ScaleCapital by telephone, text or chat at any number or other contact information that you may provide or make available on or through the Site);
    12. We may receive consumer personal information from dealers, auctions, auditors, and other third parties as part of the services they provide to their customers. Certain information may be deleted by us within 14 business days and is not sold, processed or shared before then other than in accordance with the dealer’s instructions.

    ‍Applications, Widgets and Social Media

    ‍We may include applications or widgets from social media providers that allow interaction or content sharing by their users. These widgets, such as a Facebook “Share” or “Like” button, are visible to you on the web page you visit. Integration between the Sites and social media networks such as Facebook, Twitter and others may allow social media networks in which you participate to collect information about you, even when you do not explicitly activate the network’s application or widget. Please visit the applicable social media network’s privacy policy to better understand their data collection practices and choices they make available to you. The privacy policy of the social media network controls the collection, use and disclosure of all personal information transmitted to that network.

    ‍Advertising Networks

    ‍Advertising that is customized based on predictions generated over time from your visits across different websites, devices and mobile applications is sometimes called “online behavioral” or “interest-based” advertising. We may partner with advertising networks, which are companies that deliver targeted advertisements to consumers and generate statistics and metrics related to the delivery of interest-based advertisements. They may utilize information collected through a variety of Data Technologies to provide customization, auditing, research and reporting for us, our affiliates and other advertisers. This data collection takes place both on the Sites and on third-party’s websites and mobile applications. This process allows the Sites and third parties to deliver targeted advertising, enhance marketing programs and help track the effectiveness of such efforts. Our advertising networks also may use this information for determining or predicting the characteristics and preferences of their respective advertising audiences and measuring the effectiveness of their advertising in accordance with their privacy policies.We do not provide information that is directly associated with a specific person (such as name and address) to an advertising network when you interact with or view a customized advertisement. However, when you view or interact with an advertisement, the advertiser may make an assumption that you are interested in the subject matter of the advertisement.

    ‍Information We Share

    We do not sell or otherwise share information about you that we collect or receive, except as described below:

    1. Affiliates, Dealers, Franchisors and Manufacturers – Information collected, including personal information collected using Data Technologies, may be shared with affiliates, auctions, dealers, franchisors and manufacturers, and third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you, who will use that information in accordance with their own privacy policies.
    2. Our Service Providers – We may engage third parties to provide the services offered through or in connection with the Sites on our behalf. We require such providers to maintain information about you as confidential and to use the information only to perform the services specified by us in a manner consistent with this Privacy Statement.
    3. Corporate and Asset Transactions – If we sell all or substantially all of our business or sell or transfer all or a material part of our assets, or are otherwise involved in a merger or transfer of all or a substantial part of our business (including any sale or transfer that may take place as part of or in connection with any bankruptcy or insolvency proceeding), we may transfer all information we have collected and stored, including personal information, to the party or parties involved in the transaction as part of that transaction.
    4. Access to Databases – In addition to all of the disclosures described above, we may also allow others to search some of our databases and to analyze the data they find there or aggregate it with other data, either for their business purposes or ours.
    5. Other – We may access or disclose information, including personal information, to:
      • a.) Protect or defend our interests and the legal rights or property of NextGear Capital and our affiliates;
      • b.) Protect the rights, interests, safety and security of users of the Sites or members of the public;
      • c.) Protect against fraud or for risk management purposes;
      • d.) Comply with prudent legal practice as we may determine, and applicable law or legal process.

    Your Choices

    You are entitled to make certain choices about how we communicate with you.

    1. You may choose not to provide personal information, even though that might impact your ability to register or open an account on the Sites or receive a particular product or service.
    2. If you do not want to receive marketing email from the Sites, you can follow the unsubscribe link provided in those emails.
    3. You have a number of choices regarding certain Data Technologies. Most web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. You may also render some web beacons unusable by rejecting their associated cookies and disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or opting out at Ghosteryenterprise.com or the website of the technology provider. If you choose to decline cookies or similar technologies, however, please note that certain features on the Sites may not function properly or at all as a result. You may be able to adjust the use of advertising identifiers on mobile devices through the settings on your device. Finally, if you do not want to use a uniquely generated telephone number, you may choose to not call us.
    4. If you do not want us to use Location Information, you can decline our initial invitation to provide that information or opt out by changing the location services settings on your mobile device. However, please note that certain features may not function properly or at all as a result if you opt out.

    Data Transfers

    We may transfer the personal information we collect about you to countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information.

    Links

    The Sites may contain links to websites not operated by us, as well as third party widgets and applications discussed above. Once you leave the Sites, we suggest that you review the applicable privacy policy of the third-party website or application. We are not responsible for the content or use of any websites or applications other than on the Sites or the privacy practices of those websites or applications.

    Data Security

    The security of your information is important to us. ScaleCapital has implemented reasonable security measures to protect the information, both during transmission and once it is received, including without limitation, use of firewalls, application controls and monitoring. No method of electronic storage or transmission over the Internet is 100% secure. While ScaleCApital strives to use commercially reasonable means to protect your information, we cannot guarantee complete security. If you have any questions about these security practices, please email us at

    privacy@scalecapitalco.com.

    Disputes

    If you choose to visit the Sites, your visit and any dispute regarding privacy is subject to this Privacy Statement and the Visitor Agreement or Terms of Use applicable to each Site, including limitations of liability, arbitration and dispute resolution provisions and provisions relating to governing law or jurisdiction or venue that may be included in any of the foregoing.

    Updates to this Privacy Statement

    We may update this Privacy Statement to provide clarification or notice of changes to our practices. We will provide you with notice of material changes by posting notice of the changes on the Site, or by providing you with notice by email or when you log into your account on the Site. By using our Sites on or after the effective date of any such amendment, you agree that your use, and any dispute over privacy, is governed by this Privacy Statement, as amended.

    How to Contact Us

    If you have any questions or comments about this Privacy Statement, or if you would like us to update information we have about you or your preferences, please contact us by email at

    privacy@scalecapitalco.com

    Your Californa Privacy Rights

    This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of ScaleCapital, LLC and its subsidiaries (collectively, “we,” “us,” or “our”), and applies solely to consumers who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act (“CCPA), the California Privacy Rights Act (“CPRA”) and other California privacy laws (hereinafter the “California Privacy Laws”).  Any terms defined in the CCPA and CPRA have the same meaning when used in this notice.