It is the policy of Update Capital, Inc. (“Update Capital”) to protect and respect the privacy of all personal information which we collect, and to hold in strict confidence all information concerning the business and affairs of our customers gathered in the course of our professional relationship.
Update Capital primarily collects personal information in connection with the provision of its proprietary software-as-a-service, allowing real-estate professionals to communicate with their investors (the "Services"). In connection with the Services, Update Capital will be collecting the following customer information: name, email, address, phone number, photos, videos, legal agreements, investments and distributions information.
Update Capital uses personal information, as necessary, for the purpose of providing the Services and administering the customer relationship generally, including, without limitation, for the purpose of offering opportunities which Update Capital feels will be of interest to you. You may opt-out of receiving such marketing communications or customized advertising by contacting us at the address below.
Update Capital may also use personal information for other purposes to the extent authorized or required by law.
In certain instances, Update Capital may also share your personally identifiable information with third party service providers performing functions on our behalf, including, without limitation, vendors that process credit card orders, provide us marketing or promotional assistance, analyze our data, and assist us with customer service. Update Capital has agreements in place with third party service providers which require such service providers to keep your information confidential and secure and which ensure that our service providers may not use or disclose personal information for any purpose other than providing the services on our behalf.
Update Capital does not use personal information for any other purposes, unless it has the consent of the individual to whom the personal information relates.
Update Capital only collects, uses and discloses personal information with the consent of the individual to whom it relates. The consent may be express or implied. There may also be situations where Update Capital's collection, use or disclosure of personal information without consent is authorized or required by law.
You can withhold your consent to Update Capital's collection, use and disclosure of your personal information, or withdraw such consent at any time upon reasonable notice, subject to any legal or contractual requirements. However, if consent is withheld or withdrawn, Update Capital may not be able to fulfill the purpose(s) for which the information was collected, or fulfill any obligations it may owe to you in connection with such purposes.
Update Capital only collects personal information about its clients with the client’s knowledge and consent. Generally, this means that Update Capital collects personal information directly from the individual to whom it relates, whether via Update Capital's website, telephone, fax or in person. Occasionally, Update Capital may collect personal information from third party sources.
Visitors should also be aware that anonymous technical information may be collected by Update Capital as a result of a visit to the Update Capital website, or any other website Update Capital provides services for (“Websites”). For example, this information may include the visitor’s IP address, browser type, operating system, domain name, access times and referring website addresses. Update Capital uses this anonymous technical information to track usage patterns for purposes such as improving the operation and content of the Update Capital website and compiling aggregate and statistical information. Update Capital reserves the right to disclose such aggregate information to third parties.
As part of the collection of technical information, Update Capital may use “cookies” on its Websites. “Cookies” are small text files placed on your computer that can collect and store a variety of information, including visitor preferences and activities on the Websites. Permanent cookies are stored indefinitely on a user’s hard drive unless manually deleted, while temporary cookies are automatically deleted from the user’s browser upon logging out of a website. Web browsers typically allow users to disable permanent and/or temporary cookies.
Update Capital will provide you with access to your personal information in accordance with applicable laws. Update Capital reserves the right to require that any request for access to personal information be made in writing. Generally, there is no cost for a request for access to your personal information. However, Update Capital reserves the right to charge such costs on a case-by-case basis in accordance with applicable laws. You will be notified in advance if such charges apply.
Update Capital will correct or amend the personal information in its files where it can be shown that the information is incorrect or incomplete.
Protecting Personal Information
Security of personal information is an important issue at Update Capital.
Update Capital has taken reasonable steps to assist in the protection of its customer’s information, including the use of firewall technology and the implementation of reasonable internal security policies and procedures. Update Capital will continue to monitor security issues and will update and improve security when it is reasonable and practical to do so.
However, it is important to note that the internet is not a secure method of communication and Update Capital cannot guarantee the privacy or security of customer information submitted through the website or by email over the internet. No security or encryption we provide can protect against every circumstance.
Internet and E-mail Transmission/Viruses
Internet software or electronic transmission errors may produce inaccurate or incomplete copies of the content of the Websites when downloaded and displayed on any computer. Update Capital does not assume any liability or responsibility whatsoever for computer viruses or other destructive programs received during the electronic transmission of such content of the Websites or any websites accessed through links provided therein. Any unprotected email communication over the internet is, as with communication via any other medium (e.g. cellular phones, post office mail), subject to possible interception or loss, and is also subject to possible alteration.
Your Responsibilities
You are responsible for the general security associated with your personal computer or other device you may use to access Update Capital's website.
Update Capital suggests you take additional measures to protect your security. These might include:
Password Rules
You may be assigned a User account and Password. You may be required or permitted to set or change the Password to your User account from time to time. Certain Password selection rules will be automatically enforced at the time of selection. In addition, any Password selected by you shall:
You are responsible for maintaining the security of your User account and Password. In addition, you are responsible for every action undertaken on the Websites using your User account and Password.
This policy only applies to personal information that is subject to the privacy laws of Canada or any of its provinces (as applicable).
Since privacy and security concerns and legal and business requirements are constantly changing, Update Capital reserves the right to change this Privacy and Security Policy by providing notice on its website. Update Capital encourages you to review this Privacy and Security Policy regularly.
For further information about Update Capital's privacy practices or to make a request for access to personal information, please contact Update Capital Privacy Officer at the following address:
303-1687 W. Broadway
Vancouver V6J1X2
Canada
Phone: +1 (604) 757-1570 Email: staff@updatecapital.com
Last Revised: 30-Nov-2015
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10022772.v1
IMPORTANT: PLEASE CAREFULLY READ THIS ENTIRE AGREEMENT. THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OR EXCLUDE LIABILITY TO YOU. THESE TERMS OF USE GOVERN YOUR USE OF THE UPDATE CAPITAL SERVICE, UPDATE CAPITAL WEBSITE or any other website Update Capital provides services for, AND USER INTERFACES, INCLUDING ALL FEATURES AND FUNCTIONALITIES, AND ALL ASSOCIATED CONTENT AND SOFTWARE (THE “UPDATE CAPITAL SERVICE”). CLICKING THE “I ACCEPT” BUTTON BELOW, OR USING THE UPDATE CAPITAL SERVICE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES THAT YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLICK ON THE “EXIT” BUTTON BELOW, OR STOP USING THE UPDATE CAPITAL SERVICE.
IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A CORPORATION OR OTHER BUSINESS ENTITY, YOU AGREE TO THIS AGREEMENT ON BEHALF OF SUCH CORPORATION OR OTHER BUSINESS ENTITY AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND SUCH CORPORATION OR OTHER BUSINESS ENTITY TO THE PROVISIONS OF THIS AGREEMENT.
These Website Terms of Service (the “Agreement”) are an agreement between you (“You”) and Update Capital, Inc. (“Update Capital”). The Effective Date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure outlined.
ARTICLE 1 – BACKGROUND
Update Capital provides a proprietary software-as-a-service, allowing real-estate professionals to communicate with their investors.
ARTICLE 2 — DEFINITIONS
In this Agreement:
Update Capital had a excellent user experience. The portal provided a clean, simple way for investors to access their needed data, statements and documents for multiple investments. That in combination with their competitive pricing put them over the top for us