Privacy Policy | Umergence

Umergence Privacy Policy

Umergence recognizes the importance of privacy and takes it seriously. This privacy policy describes how Umergence Holdings LLC and its subsidiaries and affiliates, including Umergence LLC, and Umergence Marketplace LLC (collectively, “Umergence”, “us”, “our”, or “we”) collect and protect your personal information. If you have any questions about this policy, please feel free to contact us at privacy@umergence.com or write us at 1224 Mill St, Building B, East Berlin CT 06023. Please review this privacy policy closely and regularly. By accessing or using Umergence.com (the “Site”, or the “Services”), you agree to this privacy policy and consent to its policies. Your continued use of this Site after we make changes is deemed to be acceptance of those changes.

Information We Collect

We offer a service that requires you to register for an account and provide some personal and business information to us about you and others you input info about. In order to provide our services, we may collect the following types of information.
Information (such as your name, email and postal addresses, telephone number, and country of residence) that you provide by completing forms or profiles on Umergence, including if you register as a user of the Site, upload or submit material through the Site, or request any information.
Your login and password details, in connection with the account sign-in process
Details of any requests or transactions you make through the Site
Information about your activity on and interaction with Umergence, such as your IP address and the type of device or browser you use
Communications you send to us (for example when you ask for support, send us questions or comments, or report a problem)
Information you submit to Umergence in the form of comments, contributions to discussions, or messages to other users
Information you provide when setting up a company or organization profile
Information you provide when conducting a financial transaction through the Site
Information we are required by law to collect to process a securities related transaction, to complete account opening documents, to perform due diligence, and to comply with tax laws and anti-money laundering law
Information collected when you visit the site such as your IP address
Information about you or any company or organization you represent, through other sources such as background-check agencies and other partners.

Information We Keep Private

Payment information
Password details
Your IP address
Your phone number
Communications sent to us, such as for support, or report a problem.

We only give personal information to third parties when it is necessary to provide our services, such as when we partner with a payment processor or escrow provider to facilitate a transaction.

We reserve the right to disclose personal information when we believe doing so is necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect our rights.

Use of Collected Information

Operate the Site
Verify your identity and contact information
Provide you with information and services you request
Set up and open your account
Perform due diligence
Transact business
Customize your experience on the Site
Communicate with you about your transactions, service updates and other administrative or account issues
Send you targeted marketing and promotional offers, based on your privacy preferences
Measure and improve our site and services
Resolve disputes, address complaints, and troubleshoot technical problems
Analyze site and user behavior and prepare aggregated reports
Comply with applicable laws and regulations
Combine your information with information collected from other sources

Merger, Sale, or Other Asset Transfers

Information about you in our possession may be disclosed as part of a merger, acquisition, financing due diligence, sale of company assets, or transition of service to another provider, as well as in the event of insolvency, bankruptcy, or receivership in which your personal information would be transferred as one of the business assets of the company. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this privacy policy.

Email Communications

We do not participate in bulk email solicitations that you have not consented to receiving (i.e. SPAM). At any time, you may opt out of receiving marketing emails from us by clicking the unsubscribe link at the bottom of the email you received, but you may not opt out of administrative emails (for example, billing, electronic delivery of financial information, or emails about your transactions or our policy changes) while you are a registered Umergence user.

Messaging

Umergence permits users to communicate with companies and other users posting information on the Site. We may read, collect and analyze information transmitted between users for regulatory compliance and marketing purposes. We do not guarantee that information provided by website visitors or investors is accurate or complete. We assume no liability or responsibility for any errors or omissions in the content of the Site.

Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. However, we cannot ensure or warrant the security of any information you transmit through the Site, and you do so at your own risk. We do not accept liability for unintentional disclosure. By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security System’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you.

Cookies and Web Beacons

Umergence, our service providers, and other affiliates who provide us with joint services may place anonymous cookies or web beacons on your computer when you visit the site. We use these cookies and web beacons to recognize returning users, provide relevant content, measure traffic and activity on the site, monitor and improve our services and protect against fraud. You can block cookies by changing the settings on your browser, but doing so may prevent us from delivering certain services to you. Your browser may need to be set to accept cookies in order to access Umergence as a registered user. Umergence may use Google Analytics to improve the Site. Information about how Google collects and processes data can be located here - https://www.google.com/policies/privacy/partners/

Third Party Websites

When you select a link to a third-party site, you are subject to the privacy and security policies of the third party and our Policy is no longer in effect. We do not control the privacy policies or practices of any third parties. We are not responsible for the practices employed by websites linked to or from our Site, nor the information or content contained therein. Your browsing and interaction on any other Website, including those that have a link on our Site, is subject to that website’s own rules and policies.

Social Media Integration

The Site, in numerous areas, may integrate with various social media websites and applications. These may include, but are not limited to, Facebook, Twiter, LinkedIn, and GooglePlus. We may enable you to post to your account on these sites, often as frictionless sharing, but only if you have provided us with, or connected via links or applications which contain your user information for the corresponding social media site(s).

Our platform also includes social media tools from various sites such as Facebook (e.g. the “Like” button), Twitter, Google+, et al. Each of these are a software program and clicking to activate them will cause a variety of behaviors; including they may collect your IP address, the page(s) you are visiting, and setting cookie(s), among other things, as well as displaying information on your account on those sites. These buttons and tools, while graphically displayed on our website are actually hosted by a third party (e.g. Facebook, Twitter, etc). Your interactions with these tools are governed by the terms of use agreements and privacy policies of the company providing the tool and NOT of Umergence.

Children’s Privacy

This Site is intended to be used by adults. It is not intended for children. We do not knowingly collect or solicit personal information from anyone under the age of thirteen (13) or knowingly allow such persons to use the Site, register, provide any personal information, or receive email distributions. We do not knowingly solicit or collect personally identifiable information from anyone under the age of thirteen (13). If you are between the ages of 13 and 17, please use Umergence with adult supervision. If we become aware that we have collected personal information from a child under the age of thirteen (13) without verification of parental consent, we will take steps to remove that information. If you believe that a minor has disclosed personally identifiable information to us, please report this immediately by emailing us at privacy@umergence.com.

Applicable Law and Jurisdiction

By accessing Umergence.com, you consent to and authorize the export of Personally Identifiable Information to the United States of America and its storage and use as specified in this Privacy Policy. Any disputes arising out of or regarding this Privacy Policy are subject to our Terms of Service and will be governed by the laws of the State of Delaware, applicable to agreements made and performed in Delaware. Any claim or dispute arising under this Agreement between you and Umergence may only be brought in arbitration. Arbitration with Umergence shall be pursuant to the rules of the American Arbitration Association. In all cases, it is agreed that venue shall be in the city of Boston in the state of Massachusetts. Each User and Umergence consents to this method of dispute resolution, as well as jurisdiction, and consents to this being a convenient forum for any such claim or dispute and waives any right it may have to object to either the method or jurisdiction for such claim or dispute. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable attorney’s fees , and the decision of the arbitrator shall be final, binding and enforceable in any court. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of any User Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND UMERGENCE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Any arbitration between you and Umergence will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Umergence.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). Any notices to Umergence LLC, Umergence Marketplace LLC, or Umergence Holdings LLC are to be sent to 1224 Mill Street, Building B, East Berlin, CT 06023. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Umergence may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Umergence must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

YOU AND UMERGENCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Umergence agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

International Users

The Site is hosted in the United States and is intended for and directed to Users in the United States. If you are accessing the Service from Europe, Asia, or any other region with laws or regulations governing personal data collection, use, retention, and disclosure that differ from United States laws, please be advised that through your continued use of the Service, which is governed by U.S. law, this Privacy Notice, and our Terms of Use Agreement, you are transferring your personal information to the United States and you consent to that transfer.

Your Choices

If your information changes, or if you no longer desire to use our Services, you may correct, update, amend, or suspend information by logging onto your account and going to the settings section of the appropriate area where your Content is displayed. You may also email our admin team at Umergence and we will respond to your request within 30 days.

We will retain your information for as long as your account is in the system or as required by regulators or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, which may be indefinitely.

Update Your Information or Pose a Question or Suggestion

If you would like to update or correct any information that you have provided to Umergence through use of the Site or otherwise, or you have suggestions for improving this Privacy Policy, please send an email to privacy@umergence.com