Privacy Policy

Privacy Policy

PLEASE NOTE, OUR PRIVACY POLICY RELATED TO CHILDREN UNDER THE AGE OF 13 CAN BE FOUND IN SECTION 7 BELOW.

PLEASE NOTE, OUR PRIVACY POLICY RELATED TO EU CITIZENS CAN BE FOUND IN SECTION 14 BELOW.

All capitalized terms used but not defined herein shall have the meanings assigned to them in our TERMS OF USE which may also be found on this WEBSITE. www.marketwaycapital.com.

Who we are and an overview of this Privacy Policy

www.marketwaycapital.com and its officers, directors, employees, agents, members, managers, successors, assigns, predecessors, group companies, affiliates and subsidiaries from time-to-time (collectively referred to herein as “we”, “us”, “our”, or “COMPANY”) are committed to protecting your privacy.

Our website address is: https://www.marketwaycapital.com.

This online PRIVACY POLICY (PRIVACY POLICY) describes how we gather and use your personal information. This PRIVACY POLICY applies to our WEBSITE as well the services and RESOURCES we offer and provide, and describes our practices relating to the collection, recording, use and disclosure of personal information collected from or about our current and past clients, website visitors, and other individuals. By accessing or using our RESOURCES you signify that you have read, understood, and agree to our collection, storage, use and disclosure of your personal information as described in this PRIVACY POLICY and our TERMS OF USE. In this PRIVACY POLICY, personal information means “personally identifiable information.” This PRIVACY POLICY will be reviewed periodically and will be updated to reflect any changes.

Our services and RESOURCES are listed on www.marketwaycapital.com. You acknowledge and agree that your personal data collected by the COMPANY may be used in accordance with this PRIVACY POLICY by and for one or more Marketway Capital Marketing, LLC companies, which will be regarded, individually or jointly, as data controllers in respect of such data.

This PRIVACY POLICY applies to personal data collected in connection with the services and RESOURCES offered by COMPANY or from other interactions with us where a link or other appropriate reference of incorporation to this PRIVACY POLICY is made, for example, in connection with our WEBSITE, or other types of services offered by COMPANY typically in electronic form, as well as other services, such as customer care, customer events, or promotions and campaigns.

1. What personal data we collect and why we collect it


1.1 Personal Information Collected.

COMPANY uses personal information about you to service you; maintain and protect your account, should you create one; process transactions in your account; respond to inquiries from you or your representative; develop, offer, and deliver services; or fulfill legal and regulatory requirements. We collect and receive information about you from various sources including the following:

1.2 Information you provide.

COMPANY may collect public and non-public personal information about you from you or your representative, from comments and/or posts you make on the WEBSITE, and from media you post on the WEBSITE.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Comments you post on the WEBSITE may also be checked through an automated spam detection service.

If you upload images to the WEBSITE, avoid uploading images with embedded location data (EXIF GPS) included. Other visitors to the WEBSITE can download and extract location data from images posted on the WEBSITE.

1.3 Information from third parties.

We may obtain information about you from third parties and companies we work with to develop or enhance the RESOURCES, companies we use to verify your identity, our affiliates, public sources and others. This information could include, among other things, information about your account transactions and balance and personally identifiable information. We may also obtain publicly available demographic data, and any information needed to comply with regulatory requirements, ensure the accuracy of data, better understand your likely interests, and/or prevent fraud.‍

1.4 Information from third-party social networking or authentication services.

We may also receive personal information about you from third-parties when you log in through a third-party social networking or a single sign-on service. These services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, e-mail address, address book and contacts or other information. We use this information in the same way we use other personal information we collect from you as described in this PRIVACY POLICY.‍

1.5 Information received via Cookies and other tracking technology.

If you leave a comment on our WEBSITE you may opt-in to saving your name and email address via cookies. This is for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

If you leave a comment, the comment and its metadata are retained indefinitely

Additionally, we, and our third-party service providers, automatically collect certain types of usage information when you visit our websites, use our RESOURCES, read emails that originate from COMPANY email addresses, or otherwise engage with us via “tracking technologies”.

From these various tracking technologies, we may collect information about your device and its software, including but not limited to your IP address, browser type, Internet service provider, network domain, platform type, device type, operating system, date and time stamp. We may also collect information about the way you use our RESOURCES, how frequently you access the WEBSITE, access times, whether you open emails we send you or click the links contained in emails, what content you view, whether you access the WEBSITE from multiple devices, and other actions you take on the WEBSITE. When you access our WEBSITE from a mobile device, we may collect unique identification numbers associated with your device (including, for example, a UDID, Unique ID for Advertisers (IDFA), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data including information regarding the location of your mobile device (subject to your prior consent when prompted).  We may collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the websites and to understand more about the demographics of our users.

We do not collect personal information about your online activities over time and across different web sites or online services. Therefore, our websites do not respond to Do Not Track (DNT) signals. We do not knowingly authorize third parties to collect personal information about your online activities over time and across different web sites or online services.

When you use our WEBSITE or otherwise interact with us over telecommunications networks, certain additional information, such as your mobile subscription number, may be transmitted to us by the telecommunications operator as a standard part of that communication.  Please also refer to the ‘COOKIE POLICY' section on this WEBSITE for more information about this.

1.6. Examples of Tracking Technologies:

  • Application, Widgets, and Tools. We may enable individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools can and may transmit personal information to COMPANY to enable you to access your account information and to enable us to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. We may use personal or non-identifiable information transmitted to us to enhance these tools, to develop new tools, for quality improvement, and as otherwise described in this PRIVACY POLICY or in other notices we provide.
  • Cookies. COMPANY uses cookies, which enable our web servers to “identify” users, each time an individual initiates a session on our WEBSITE. A cookie is set in order to identify you and tailor our WEBSITE for your personal experience. Cookies do not store any of the personal information that you provided to us. You may delete cookie files from your own hard drive at any time. However, cookies may be necessary to provide access to much of the content and many of the features of our WEBSITE.‍
  • Pixel Tags. Along with cookies, we may use “pixel tags” or “web beacons,” which are small graphic files that allow us to monitor the use of our WEBSITE. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server.‍

Moreover, this WEBSITE may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

2. Data concerning minors

We do not seek to collect any information from or engage in any transactions with persons under the legal age in their respective country.  Our databases may nevertheless contain personal data of children due to the fact that it is not always possible to determine precisely the age of the user. If we learn that a minor has provided personal information through our RESOURCES or WEBSITE, we will use reasonable efforts to remove such information from our files. We reserve the right to block the service from any person who is or whom we reasonably suspect of being a minor. COMPANY's policy is to request that minors do not engage in other legal acts relating to our RESOURCES, services or WEBSITE without the consent of a parent or legal guardian, unless otherwise permitted by applicable law. If you are a minor but have your legal guardian's consent, you must be able to prove that such consent exists upon request.

3. How we use collected information

Consistent with applicable law and the choices available to you, we use the information we collect for the purposes below. Please note that one or more purposes may apply simultaneously:

  • Operate, maintain and provide you the RESOURCES
  • Fulfill your requests or for the purposes explained when you provide information;
  • Communicate with you, via e-mail, chat, text messages, push notifications and/or telephone calls;
  • Develop, analyze, and improve our WEBSITE and RESOURCES offerings;
  • Personalize your experience when you use our RESOURCES or receive advertisements, which might entail combining personal data collected in connection with your use of our WEBSITE with other personal data we may hold about you, except where such personal data is collected for a different purpose;
  • Deliver advertisements and other information about products and services offered by our affiliates and our participating companies;
  • To let us know which emails have been opened by recipients, to understand the effectiveness of our marketing and other communications and to make those communications more useful and interesting to you;
  • To remember your information so that you will not have to re-enter it during your next visit, and to identify you across different devices that you use;
  • To help maintain the safety, security and integrity of our WEBSITE, RESOURCES, and other technology assets and business, to diagnose or fix technology problems, and to otherwise plan for and enhance our WEBSITE and RESOURCES.
  • To fulfill legal and regulatory requirements;
  • As otherwise may be necessary to perform or enforce any obligations between you and COMPANY

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

COMPANY does not share personal information about our customers with unaffiliated third-parties for use in marketing their products and services. We may share personal information in the instances described below. For further information on your choices regarding your information, see the Your Choices section below.

  • Agents and service providers. We may share personal information about you with agents and service providers, as needed to perform functions on our behalf, such as to send email and postal mail, analyze data, provide marketing services, and service accounts.
  • Government agencies. We may share personal information about you with government agencies with other regulatory bodies and law enforcement officials (for example, for tax purposes or for reporting suspicious transactions).
  • As permitted or required by law. We may share personal information about you as permitted or required by law (for example for fraud prevention or to respond to a subpoena).
  • Third-parties as needed to maintain and service your account with COMPANY. We may disclose personal information about you to third parties as reasonably necessary to maintain and service your account with COMPANY, including to facilitate transactions.
  • With our affiliates. We may provide personal information about you to our affiliates to the extent permitted by applicable law.
  • Protection of COMPANY and others. We may also disclose personal information as we believe appropriate to enforce or apply our rights under our agreements (such as, for example, our TERMS OF USE) with third parties and to protect the rights, property or safety of COMPANY and others, including exchanging information for fraud protection and credit risk reduction.
  • Date in aggregate. COMPANY may share with any third parties information in an aggregated or otherwise anonymized form that does not personally identify individual clients or visitors for any reason COMPANY deems necessary or desirable.
  • Other disclosures. We may disclose and otherwise process your personal data in accordance with applicable laws to defend COMPANY's legitimate interests, for example, in civil or criminal legal proceedings.
  • Mergers and acquisitions. If we decide to sell, buy, merge, or otherwise reorganize our businesses in certain states or countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisors, or receiving personal data from sellers and their advisors, for the purposes of such transactions. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information in a manner that is consistent with this PRIVACY POLICY.

4. Your Choices


4.1 Accessing Your Data.

You may access, and update information stored in your account profile on our WEBSITE. Please keep your contact, account, and preference information up-to-date. Doing so enables you to receive maximum possible benefit from the Service.

4.2 Modifying or Deleting Your Data.

If you register on our WEBSITE, we store the personal information you provide in your user profile. You can see, edit, or delete your personal information at any time (except that you cannot change your username). WEBSITE administrators can also see and edit that information.

If you have any questions about modifying or deleting your information, you may contact us by accessing the following webpage on our WEBSITE: https://www.marketwaycapital.com/contact-us.html. We may not be able to modify or delete your information in all circumstances. We will retain your information for as long as you are our client and/or we reasonably deem it necessary to provide you services, comply with our legal or other obligations, resolve potential disputes, audit our records and/or enforce our rights and obligations under our agreements. If you no longer want us to use your information to provide services to you, you may terminate your agreement with us and request that your information be deleted. We may not be able to delete your information in all instances, such as if we are required to retain certain data for record-keeping purposes or to comply with laws.

4.3 Unsubscribe.

If you do not wish to receive marketing messages from COMPANY, you may indicate your preferences by clicking the “Unsubscribe” link in the email you received from us. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service or technical and security notices).‍

4.4 Export Data

If you have an account on the WEBSITE, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us.

4.5 Export Data

You have the right to request that COMPANY corrects inaccurate information about you. To do so, please submit your request by accessing the following webpage on our WEBSITE: https://www.marketwaycapital.com/contact-us.html, labeling it with the subject line “Correct My Info” and including the following information:

  • First and last name
  • Email address
  • Residence zip code
  • Information to be corrected

5. How We Store and Protect Your Information

We care about the security of your information and use commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through our WEBSITE and upon your access of our RESOURCES. COMPANY internally restricts access to personal information to those who require it to develop, support, offer and deliver the RESOURCES to you. If personally identifiable information is disclosed through our WEBSITE, it is encrypted before it is transmitted over the internet. To protect your personally identifiable information, we use technical and physical safeguards and train our employees. Where appropriate, we may also take back-up copies and use other such means to prevent accidental damage or destruction of your personal data. Where WEBSITE supports online transactions, we will use an industry standard security measure, such as the one available through “Secure Sockets Layer” (SSL), to protect the confidentiality and security of online transactions.

However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised in accordance with any applicable laws and regulations.

6. California Residents' Rights


6.1. The California Consumer Privacy Act (CCPA), applies to residents of the state of California. If you are a resident of California, you have the right to prevent businesses from selling their personal information. COMPANY has not and does not sell your Personal Information. We do, however, understand that you may still want to ensure your personal information is not sold. Therefore, if you would still like to proceed with opting-out via a “do not sell my information” request we ask that you submit your request by accessing the following webpage on our WEBSITE: https://www.marketwaycapital.com/contact-us.html, labeling it with the subject line “Do Not Sell My Info” and including the following information:

  • First and last name
  • Email address
  • Residence zip code

6.2. Please note that you may have additional rights under state laws that may further limit our use of your information.

6.3. Additionally, you may submit a request in the same manner described above to request record of all the personal data that COMPANY has gathered about you, as well as with whom, and how it was shared, dating back to 12 months prior to your request.

6.4. Lastly, you may also request that COMPANY refrain from selling or sharing your personal information to any third-parties for the purpose of cross-context behavioral advertising. Please submit your request for this in the same manner as described above.

7. Children's Privacy

In accordance with Children's Online Privacy Protection Act (COPPA) we maintain additional privacy controls for children under the age of 13. Before allowing registration on any facet of our WEBSITE or a user account, and before we collect personal information, we will request a user's date of birth. Based on this date of birth, if the user is under the age of, 13 we will ask for the child's parent or guardian's email address and/or phone number for the limited purpose of obtaining parental/guardian consent. We will not use the parent/guardian email for any purpose other than obtain consent without express consent of the parent/guardian. If we do not receive parent/guardian consent in a reasonable period of time, we will delete the email.

The information we obtain from children under 13 will be limited to that which is deemed necessary. We will not share child information unless required by law, essential to protect COMPANY, necessary to enable our service providers to perform services, or to help protect a child's safety.

At any time, a parent/guardian can request that we terminate child access and delete any child information. Please note, that doing so may prevent the child from using our Services. To request terminating child access please submit your request by accessing the following webpage on our WEBSITE: https://www.marketwaycapital.com/contact-us.html and including the child's name and your email address and telephone number.

8. Links to Third Party Websites and Services

The WEBSITE may contain links to and from third party websites for their services and goods. It is important to remember that if you access another website from the COMPANY WEBSITE, that party's privacy policy and terms and conditions shall apply to you. We encourage you to learn about each third party's privacy policy before providing them with your information.

9. Changes to this PRIVACY POLICY

We may update this PRIVACY POLICY to reflect changes to our practices from time to time. If we materially change this PRIVACY POLICY or our information handling practices as described in this policy, we will notify you by email and/or through a notice on our WEBSITE prior to the change becoming effective. We encourage you to review this page periodically for the latest information on our privacy practice, and you hereby represent that you shall do so as necessary.

10. Contacting COMPANY about this PRIVACY POLICY

Do not hesitate to contact COMPANY by accessing the following webpage on our WEBSITE: https://www.marketwaycapital.com/contact-us.html with any questions or concerns you may have regarding our PRIVACY POLICY. It is important to us that you feel completely safe using our services and RESOURCES, so we encourage ongoing communication with our clients.‍

11. Effective Date

This PRIVACY POLICY is effective as of June 30, 2023.

12. Owner and Data Controller

Marketway Capital Marketing, LLC
Attn: Kylie Khaldi
Park Plaza, Suite 320
Irvine CA 92614
Email: kkhaldi@marketwaycapital.com

13. Terms of Use

Please simultaneously review COMPANY'S TERMS OF USE.

14. Privacy Policy for EU Citizens.

If you are a citizen of an EU country, the provisions below apply to you.

Data Collected

COMPANY collects personal data from WEBSITE visitors, customers, vendors, and partners. The only personal data COMPANY retains from WEBSITE visitors is IP addresses. COMPANY collects additional forms of personal data (addresses, social security numbers, phone numbers, or any data necessary to provide RESOURCES and services) from customers, vendors, partners, etc.

Data Use

Personal data is used in accordance with applicable laws for the following purposes:

  • Carrying out and improving COMPANY's marketing campaigns
  • Underwriting potential merchants
  • Abiding by the FinCEN Know Your Customer requirements
  • Requesting credit checks for merchants and partners
  • Locating merchants for remittance of money or collection efforts
  • Developing and improving our products and services, for example, by reviewing visits to our website and its various subpages to ascertain demand for specific content
  • Complying with applicable law, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law
  • Fulfilling and managing purchases, orders, payments, and returns/exchanges

COMPANY does not retain WEBSITE visitors' personal data longer than necessary to improve the WEBSITE experience and marketing strategy. If you voluntarily register or input information on the WEBSITE, you are consenting to COMPANY retaining your personal data for a reasonable amount of time to contact you regarding COMPANY's services. For customers, vendors, and partners, COMPANY will retain the information for the life of the relationship. In addition, if regulations require COMPANY to keep any data, COMPANY will retain it for the statutorily required time frame after the relationship has terminated.

Sharing With Partners

COMPANY shares personal data with partners for the purpose of providing requested services and products. COMPANY may share personal data with acquiring banks, payment processors, hardware vendors, and software vendors in order to deliver complete services necessary. COMPANY will only provide personal data to third-parties with your consent.

Legal Basis for Use

COMPANY legally processes the personal data based on the following lawful practices where:

  • COMPANY has the consent to process your personal data for one or more specific reasons
  • Processing your personal data is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract
  • Processing is necessary for compliance with a legal obligation to which the controller is subject
  • Processing is necessary in order to protect the vital interests of you or another natural person

Right to Object

You may request that COMPANY does not collect your data while you visit its website. If you are a customer, vendor, partner, etc. and you object to the collection of data that is necessary to sustain the business relationship, COMPANY may be forced terminate the relationship. If you do not want any of your information collected, please submit a request by accessing the following webpage on our WEBSITE: https://www.marketwaycapital.com/contact-us.html, labeling it with the subject line “Do Not Collect My Info” and including the following information:

  • First and last name
  • Email address
  • Residence country and city

Right to Access

Upon request, COMPANY will provide you with a copy of your personal data that COMPANY has retained. COMPANY will only provide you with your personal data that COMPANY has in its possession. COMPANY will provide the data without delay and likely within thirty (30) days of the request. COMPANY will inform you if a response to the request cannot be completed within thirty (30) days. In no event, will COMPANY take longer than ninety (90) days after the request has been received. COMPANY has the right to verify your identity before disclosing any personal data or responding to any objections or requests.

Right to Challenge

After you have reviewed the data, you have the right to challenge the validity of the data and have it changed if it is incorrect. Please contact COMPANY by accessing the following webpage on our WEBSITE: https://www.marketwaycapital.com/contact-us.html and state that you would like to challenge any of your data that you have reviewed after it was provided by COMPANY.

Right to Transfer

The personal data that COMPANY holds is portable upon request by the owner of the personal data. COMPANY will coordinate with you to transfer the data to the proper processor while maintaining the appropriate privacy protections.

Right to Erase

Upon request, COMPANY will permanently erase your personal data within thirty (30) days. If COMPANY cannot complete the erasure within thirty (30) days, COMPANY will inform you of the delay. In no event will it take longer than ninety (90) days after the request to complete the erasure. COMPANY has the right to keep your personal data where regulations require COMPANY to retain the personal data for a specific time period.

MONITORING

COMPANY maintains administrative, technical, and physical safeguards to protect your personal data. When COMPANY collects or transmits sensitive information, COMPANY uses industry standard methods to protect that information. However, no e-commerce solution, website, mobile application, database or system is completely secure. You are also responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.

INTERNATIONAL TRANSFERS

COMPANY has its headquarters in Sheridan, Wyoming. Information COMPANY, its affiliates, and its subsidiaries collect from you may be transferred, stored and processed in a country different from where the data was collected in the European Economic Area (EEA). For example, data collected from within the EEA may be stored or processed in the United States.

By using our COMPANY website or merchant processing, you are permitting the transfer of your Personal Data to COMPANY in the United States, which has different data protection laws that the EU has not deemed equivalent to those in EU member countries. You consent to the transfer of this information for the uses described in this PRIVACY POLICY to the extent permitted by EU law.

DATA PROTECTION OFFICER CONTACT INFORMATION

Data Protection Officer:

Name: Kylie Khaldi
Phone: 949-326-2984
Email: kkhaldi@marketwaycapital.com

PRIVACY POLICY CHANGES

We will occasionally update this PRIVACY POLICY to reflect customer feedback and changes in regulations. We encourage you to periodically review this policy to be informed of how we use your personal data.

Legal Disclaimer

This PRIVACY POLICY has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation). This PRIVACY POLICY relates solely to www.marketwaycapital.com unless stated otherwise within this policy.

Latest update: June 2023