Privacy Policy

1. Introduction and Scope

Clario Capital ("we," "our," or "us") is committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website, use our services, or interact with us in any capacity.

This policy applies to all information collected by Clario Capital through our website, mobile applications, telephone communications, email correspondence, and any other digital or physical interactions. By using our services, you consent to the data practices described in this policy.

We operate as a business funding broker serving clients across Canada, connecting businesses with our network of lending partners. We are subject to applicable Canadian federal and provincial privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial privacy regulations.

2. Information We Collect

2.1 Personal Information You Provide

We collect personal information that you voluntarily provide to us when you:

• Submit a funding application or inquiry
• Create an account or user profile on our platform
• Contact us for customer support, consultations, or general inquiries
• Subscribe to our newsletters, marketing communications, or educational content
• Participate in surveys, feedback requests, or market research
• Attend webinars, events, or promotional activities
• Apply for partnership or affiliate programs
• Submit testimonials or reviews

This personal information may include, but is not limited to:

• Contact Information: Full name, business name, email address, phone numbers (mobile and landline), mailing address, physical business address
• Identification Information: Social Security Number, Tax ID Number (EIN/TIN), driver's license number, passport information, date of birth
• Business Information: Company name, DBA names, business structure (LLC, Corporation, etc.), industry classification, years in business, number of employees, business licenses
• Financial Information: Bank account details, credit card information, financial statements, tax returns, profit and loss statements, cash flow projections, accounts receivable/payable details
• Credit Information: Credit scores, credit reports, payment history, existing debt obligations, collateral information
• Employment Information: Job title, employment history, income verification, employer contact information
• Transaction Information: Payment history, loan performance data, funding utilization details
• Marketing Preferences: Communication preferences, interests, behavioral data

2.2 Information Automatically Collected

When you visit our website or use our digital services, we automatically collect certain technical and usage information:

• Device Information: IP address, device type, operating system, browser type and version, screen resolution, device identifiers
• Usage Data: Pages visited, time spent on pages, click-through rates, search terms, referral sources, exit pages
• Location Data: General geographic location based on IP address, GPS coordinates (with permission)
• Communication Data: Email open rates, link clicks, communication preferences
• Cookies and Tracking Technologies: Session cookies, persistent cookies, web beacons, pixel tags, local storage data

2.3 Information from Third Parties

We may receive information about you from various third-party sources, including:

• Credit Bureaus: Experian, Equifax, TransUnion, and commercial credit reporting agencies
• Data Verification Services: Identity verification, address validation, business verification services
• Marketing Partners: Lead generation companies, advertising networks, social media platforms
• Public Records: Business registrations, court records, bankruptcy filings, tax liens
• Banking Partners: Account verification, transaction history, banking relationships
• Professional Networks: LinkedIn, industry associations, business directories

3. How We Use Your Information

We use the collected information for legitimate business purposes, including:

3.1 Primary Business Functions

• Application Processing: Evaluate funding applications, conduct underwriting analysis, make credit decisions
• Risk Assessment: Analyze creditworthiness, verify information accuracy, assess fraud risk, monitor account performance
• Service Delivery: Provide funding solutions, manage loan servicing, process payments, handle collections
• Customer Support: Respond to inquiries, resolve issues, provide technical assistance, offer guidance
• Account Management: Maintain customer accounts, update information, manage preferences, track interactions

3.2 Communication and Marketing

• Transactional Communications: Send application updates, payment reminders, account notifications, legal notices
• Marketing Communications: Deliver promotional content, educational materials, industry insights, product updates (with consent)
• Relationship Building: Nurture customer relationships, provide personalized recommendations, offer relevant products

3.3 Business Operations and Improvement

• Analytics and Research: Analyze usage patterns, conduct market research, improve services, develop new products
• Quality Assurance: Monitor service quality, train staff, improve processes, ensure compliance
• Security and Fraud Prevention: Detect suspicious activity, prevent unauthorized access, protect against cyber threats

3.4 Legal and Regulatory Compliance

• Regulatory Reporting: Comply with lending regulations, submit required reports, maintain audit trails
• Legal Proceedings: Respond to subpoenas, court orders, government investigations, enforcement actions
• Record Keeping: Maintain required business records, document transactions, preserve evidence

4. Information Sharing and Disclosure

4.1 Service Providers and Business Partners

We share your information with trusted third-party service providers who assist us in operating our business:

• Financial Services: Banks, credit unions, payment processors, ACH providers, wire transfer services
• Technology Partners: Cloud storage providers, software vendors, IT support services, cybersecurity firms
• Professional Services: Legal counsel, accounting firms, consultants, auditors, compliance specialists
• Marketing Services: Email marketing platforms, advertising networks, analytics providers, CRM systems
• Verification Services: Credit bureaus, identity verification companies, background check providers, fraud detection services
• Document Management: Electronic signature platforms, document storage services, backup providers

All service providers are contractually obligated to maintain confidentiality and use your information solely for the purposes specified in our agreements with them.

4.2 Funding Partners and Investors

We may share your information with:

• Capital Providers: Banks, institutional investors, private lenders who may fund your application
• Loan Participants: Third parties who may purchase or participate in funded transactions
• Servicers: Companies that may service or collect payments on funded transactions
• Insurance Providers: Companies that may provide credit insurance or other protection products

4.3 Legal and Regulatory Disclosures

We may disclose your information when required by law or when we believe disclosure is necessary to:

• Legal Compliance: Comply with court orders, subpoenas, regulatory examinations, government investigations
• Law Enforcement: Cooperate with police investigations, anti-money laundering efforts, terrorism prevention
• Rights Protection: Enforce our agreements, protect our legal rights, defend against legal claims
• Safety and Security: Protect the safety of individuals, prevent fraud, investigate security breaches
• Public Interest: Serve compelling public interests, comply with national security requirements

4.4 Business Transactions

In the event of corporate transactions such as mergers, acquisitions, bankruptcies, or asset sales, your information may be transferred to successor entities, subject to equivalent privacy protections and advance notice to affected individuals.

4.5 Consent-Based Sharing

We may share your information with other parties when you provide explicit consent, such as:

• Referrals to business partners or affiliates
• Testimonials and case studies (with anonymization when requested)
• Co-marketing opportunities with trusted partners
• Industry research and benchmarking studies

5. Data Security and Protection

We implement comprehensive security measures to protect your personal information against unauthorized access, use, disclosure, alteration, and destruction:

5.1 Technical Safeguards

• Encryption: End-to-end encryption for data transmission, AES-256 encryption for data at rest
• Access Controls: Multi-factor authentication, role-based access controls, privileged access management
• Network Security: Firewalls, intrusion detection systems, secure network architecture, VPN access
• Monitoring: 24/7 security monitoring, automated threat detection, incident response procedures
• Regular Updates: Security patch management, vulnerability assessments, penetration testing

5.2 Physical Safeguards

• Facility Security: Secured office buildings, keycard access, surveillance systems, visitor controls
• Equipment Protection: Locked workstations, secure document storage, equipment inventory management
• Document Handling: Secure document destruction, locked filing systems, clean desk policies

5.3 Administrative Safeguards

• Staff Training: Regular privacy and security training, awareness programs, certification requirements
• Policies and Procedures: Comprehensive privacy policies, incident response plans, data governance frameworks
• Compliance Audits: Regular internal audits, third-party security assessments, regulatory examinations
• Vendor Management: Due diligence on service providers, contractual security requirements, ongoing monitoring

5.4 Data Breach Response

In the event of a data breach, we will:

• Immediately investigate and contain the incident
• Notify affected individuals within 72 hours when legally required
• Report to relevant regulatory authorities as mandated by law
• Provide ongoing updates and assistance to affected parties
• Conduct thorough post-incident reviews and implement improvements

Despite our security measures, no system is completely secure. We encourage you to protect your own information by using strong passwords and keeping your login credentials confidential.

6. Your Privacy Rights and Choices

6.1 Access and Information Rights

You have the right to:

• Access: Request copies of personal information we maintain about you
• Correction: Request correction of inaccurate or incomplete information
• Explanation: Understand how your information is used and shared
• Sources: Learn about the sources of your information in our records
• Recipients: Know who has received your information from us

6.2 Communication Preferences

You can control marketing communications by:

• Email Unsubscribe: Click unsubscribe links in marketing emails
• Communication Preferences: Update your preferences in your account settings
• Do Not Call: Request removal from our telemarketing lists
• Direct Mail Opt-Out: Request removal from direct mail campaigns
• Granular Controls: Choose specific types of communications you wish to receive

Note that you cannot opt out of transactional communications related to your account or funded transactions.

6.3 Data Portability and Deletion

Subject to legal and business requirements, you may request:

• Data Portability: Receive your data in a portable format for transfer to another provider
• Deletion: Request deletion of personal information we no longer need for legitimate business purposes
• Anonymization: Request anonymization of personal information where deletion is not possible

We may retain certain information as required by law, for legitimate business purposes, or to resolve disputes.

6.4 Province-Specific Rights

Residents of certain provinces may have additional rights under provincial privacy laws:

• Quebec (Law 25): Enhanced rights to access, correction, portability, and de-indexing of personal information
• British Columbia (PIPA): Rights to access and correct personal information held by private organizations
• Alberta (PIPA): Similar rights to access and correction under provincial law

To exercise these rights, please contact us using the information provided in Section 12.

7. Cookies and Digital Tracking

7.1 Types of Cookies We Use

We use various types of cookies and similar technologies:

• Essential Cookies: Required for website functionality, security, and user authentication
• Performance Cookies: Collect anonymous usage statistics to improve website performance
• Functional Cookies: Remember user preferences and personalization settings
• Marketing Cookies: Track user behavior for advertising and remarketing purposes
• Analytics Cookies: Help us understand how visitors interact with our website

7.2 Third-Party Tracking

Our website may include tracking technologies from:

• Analytics Providers: Google Analytics, Adobe Analytics, Hotjar
• Advertising Networks: Google Ads, Facebook Pixel, LinkedIn Insight Tag
• Customer Support: Live chat widgets, support ticket systems
• Social Media: Social media sharing buttons and embedded content

7.3 Managing Cookies

You can control cookies through:

• Browser Settings: Configure cookie preferences in your web browser
• Cookie Consent Tools: Use our cookie preference center to manage consent
• Opt-Out Tools: Use industry opt-out tools like the Digital Advertising Alliance
• Do Not Track: Enable Do Not Track signals in your browser (where supported)

Disabling certain cookies may impact website functionality and your user experience.

8. International Data Transfers

While we primarily serve clients in Canada, your information may be transferred to and processed in countries other than your country of residence, including when shared with our lending partners. This may occur when:

• Using cloud services with international data centers
• Working with service providers located in different countries
• Conducting business operations across jurisdictions
• Complying with cross-border regulatory requirements

When transferring data internationally, we implement appropriate safeguards such as:

• Standard contractual clauses approved by relevant authorities
• Adequacy decisions recognizing equivalent privacy protections
• Binding corporate rules for intra-group transfers
• Explicit consent for specific transfer purposes

9. Data Retention

We retain personal information for different periods depending on the purpose and legal requirements:

9.1 Retention Periods

• Application Data: 7 years from application date or as required by lending regulations
• Customer Account Data: 7 years after account closure or final payment
• Transaction Records: 7 years after transaction completion for tax and audit purposes
• Marketing Data: Until opt-out request or 3 years of inactivity
• Website Usage Data: 25 months for analytics purposes
• Communication Records: 3-7 years depending on the type and regulatory requirements
• Legal and Compliance Data: As required by applicable laws and regulations

9.2 Secure Disposal

When information is no longer needed, we securely dispose of it through:

• Permanent deletion from electronic systems
• Secure shredding of physical documents
• Certificate of destruction for sensitive materials
• Anonymization where complete deletion is not possible

10. Children's Privacy

Our services are designed for businesses and individuals who are at least 18 years of age. We do not knowingly collect personal information from children under 18 years of age. If we become aware that we have collected personal information from a child under 18, we will take steps to delete such information promptly.

Parents or guardians who believe their child has provided personal information to us should contact us immediately using the contact information provided in Section 12.

11. Changes to This Privacy Policy

We may update this Privacy Policy periodically to reflect changes in our practices, technologies, legal requirements, or business operations. When we make material changes, we will:

• Post the updated policy on our website with a new "Last Updated" date
• Send email notifications to registered users about significant changes
• Provide prominent notice on our website for 30 days
• Obtain additional consent when required by applicable law
• Maintain previous versions for reference and compliance purposes

We encourage you to review this Privacy Policy regularly to stay informed about how we protect your information. Your continued use of our services after changes take effect constitutes acceptance of the updated policy.

12. Contact Information and Complaints

If you have any questions, concerns, or complaints about this Privacy Policy or our privacy practices, please contact us:

12.1 Response Timeline

We will acknowledge receipt of your inquiry within 5 business days and provide a substantive response within 30 days, or as required by applicable law.

12.2 Regulatory Complaints

If you are not satisfied with our response, you may also file a complaint with:

• Canada: Office of the Privacy Commissioner of Canada or your provincial privacy commissioner

13. Additional Disclosures

13.1 PIPEDA Notice

As a business operating in Canada, we comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. This notice describes how we collect, use, and share your information when matching you with lenders in our partner network.

13.2 Credit Reporting Notice

As part of evaluating your application and sharing it with our lending partners, we and our partners may obtain credit reports and other information from Canadian credit reporting agencies. You have rights under applicable Canadian credit reporting law regarding the accuracy and use of this information, including the right to dispute inaccuracies.