Privacy Notice

Effective Date: April 26, 2021
Last Revised: April 26, 2021

Thank you for choosing to be part of our community at Nectarine Capital Inc., doing business as Nectarine Credit ("Nectarine", "we", "us", or "our"). 


This Privacy Notice (the “Notice”) describes the types of information that Nectarine collects through your use of our website, http://www.nectarinecredit.com, and more generally, use of our services made available through our Website, and any related web or mobile applications through which we provide our services (collectively, the "Services"). This Notice does not apply to information we collect through any other means.


This Notice covers:


  • What Personal Information is collected by Nectarine through the Services.
  • How Nectarine uses this Personal Information.
  • With whom Nectarine may share Personal Information.
  • What choices are available to you with respect to the collection, use and sharing of  your Personal Information.
  • What types of security procedures are in place to protect against the loss or misuse of your Personal Information under our control.


By accessing or using the Services, you consent to our use of your Personal Information as described in this Notice.  “Personal Information” for purposes of this Notice is the information that identifies you as an individual or relates to you as an identifiable person.


TABLE OF CONTENTS


1. INFORMATION THAT WE COLLECT.

2. HOW WE USE THE INFORMATION WE COLLECT.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. YOUR CHOICES.

5. USE OF YOUR INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE.

6. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

8. NO USE BY CHILDREN.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

10. CALIFORNIA’S SHINE THE LIGHT LAW.

11. EUROPEAN UNION PRIVACY.

12. DO WE MAKE UPDATES TO THIS NOTICE?

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

14. CORRECTING/UPDATING YOUR INFORMATION.


1. INFORMATION THAT WE COLLECT


We collect information from you in three ways.  First, you may provide us with certain information when you submit forms, request information, register as a user, upload information or content, or otherwise contact us through the Services.  Second, we collect certain information automatically as you use the Services.  Third, we collect information from our third party service providers when you authorize the third party service provider to disclose your information to us.


We collect information that you provide to us through the Services.


We may collect Personal Information from you when you register as a user, upload information or content, request information through the Services, and when you otherwise participate in activities in connection with your use of the Services, including but not limited to posting messages in our online forums or entering competitions, contests or giveaways.  If you do not want us to collect this information, please do not provide it.


We directly collect the following types of information that you provide to us:


  • Identifying information. We may collect Personal Information, including your name, email address, phone number, credit card information, bank account information, and mailing address.
  • User generated content. When you provide comments or feedback or make submissions of content or information using the Services, we may collect that content and associate it with you.
  • Customer service interactions.  To ensure the quality of your interactions with our personnel, we may monitor, document and retain communications between you and our personnel.


We collect information automatically when you use the Services.


We (or service providers on our behalf) may use technologies, including “cookies” and “web beacons” to automatically collect information from you when you use the Services.   Cookies are small amounts of data that are stored within your Internet browser, which save and recognize browsing habits.  We use both session cookies (which track a user’s progression during one website visit) and persistent cookies (which track a user over time).  Web beacons are web page elements that can recognize certain types of information on your computer or mobile device, such as the time and date that you viewed a page, which emails are opened, which links are clicked, and similar information.  

Information that may be collected by cookies and web beacons when you use the Services include, without limitation:

  • web pages you visit; 
  • date and time of your visit to or use of the Services; 
  • usage and activity data related to the Services; 
  • browser type;
  • Internet Protocol (IP) address used to connect your computer or mobile device to the Internet; 
  • your computer or mobile device and connection information, such as your browser type and version, operating system, and platform; and
  • your device identifier.

We use cookies to help us provide you with a more personalized experience and to improve our products or services, including without limitation, the Services.

Most Internet browsers allow you to block or delete cookies and other similar technologies from your browser. If you do not agree to the use of cookies or similar technologies, please disable or delete them by following the instructions for your browser set out here: http://www.allaboutcookies.org/, or use automated disabling tools where available.  You may still use the Services even if you reject or disable cookies, but your ability to use some of the features of the Services may be limited.

We may collect information from our third party service providers when you grant those third party service providers the right to disclose your information to us.


In order to provide the Services to you, we may use certain third party service providers.   Examples of these third party service providers include third party payment processors, in addition to third parties who provide an individual user’s banking, financial and transactional data (“Banking Data”) necessary for us to provide the Services.  You will be required to agree to the third party’s terms of use and/or privacy statement as part of your use of these third party services (the “Third Party Agreement”).  Please note that when you use these third party services (even as part of your use of the Services), your transaction is with the third party service provider and not with us, so you should carefully review the terms and conditions of the Third Party Agreement.  


These third party service providers will collect information about you pursuant to the terms and conditions of the applicable Third Party Agreement.  The types of information collected by the third party service provider and the manner and method by which they collect it will be specified in the applicable Third Party Agreement.  While these third parties may disclose the information they collect to us, they will do so pursuant to the consents and/or permissions you have provided to them as part of the Third Party Agreement, and pursuant to our agreement(s) with the applicable third party service provider. Please note that if you do not want these third party service providers to collect this information and/or disclose it to us, do not use the services provided by the third party service provider and do agree to the third party service provider’s Third Party Agreement.  However, if you do not agree to the terms and conditions of the Third Party Agreement when requested to do so, you will not be permitted to use the Services.  


2. HOW WE USE THE INFORMATION WE COLLECT?


We may use the information collected from or about you for any of the following purposes:

  • Developing, providing and improving the Services and/or Nectarine’s other products and/or services;
  • Assisting with the provision of services and fulfillment of any orders or requests for information made through the Services; 
  • Sending you information and promotional materials about the Services, Nectarine’s other products and/or services, as well as our company in general;
  • Responding to information requests; 
  • Complying with regulatory requirements for the maintenance of records; 
  • Conducting internal reviews of the Services to help us better understand visitors’ and customers’ use of the Services;
  • Protecting the security and integrity of the Services; 
  • Complying with court orders and legal process, and to enforce this Notice; and 
  • Any other legal, business or marketing purposes that are not inconsistent with the terms of this Notice.

With respect to your Banking Data, while we do not currently act as a financial institution and do not currently provide credit or lending services, we may provide credit or lending services as part of future product or service offerings.  We may use your Banking Data as part of our providing such future credit or lending services to you, including without limitation, in order to assess your creditworthiness or otherwise determine the terms or conditions under which we may provide credit or loans to you.   


3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?


We may share the Personal Information we collect in connection with the Services with third parties, as described below:


Third parties who provide services or information through or in connection with the Services. We may share your Personal Information with third parties who provide third party products or services or information through the Services.  Such third parties may use the information to fulfill product or service orders, develop and improve their products or services, and contact you about product or service orders, future products or services, or their company in general.



Service providers. We may share your Personal Information with our third party distributors, vendors, suppliers and other service providers who provide services to us or on our behalf, such as third party service providers that assist us in operating and supporting the Services, website developers, hosting service providers, auditors, marketing or consulting service providers, and third party service providers who assist us with the preparation and mailing of our business and marketing communications and with processing and fulfillment functions. These third party service providers may use your Personal Information for their own marketing purposes.



Third party analytics providers. We may share Personal Information with our advertising and analytics partners, such as Google Analytics. The privacy policies of these third party companies apply to their collection, use and disclosure of your information. These third parties may combine your information with the information of other consumers for purposes of conducting studies and/or analytics. For more information about Google Analytics, including how to opt out, please go to: https://tools.google.com/dlpage/gaoptout.



Our affiliates. We may share some or all of your information with our subsidiaries and corporate affiliates, joint venturers, or other companies that are or may become under common control with us. We will require these entities to comply with the terms of this Notice with regard to their use of your Personal Information.



Transfer or assignment in connection with business transfers or bankruptcy. In the event of a merger, acquisition, reorganization, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your Personal Information and other information we have collected from users of the Services to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred user information will be subject to this Notice. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.



Response to subpoenas or court orders, or protection of our rights. We may disclose your information to government authorities or third parties if:

  • You have given us permission to share your information; 
  • We are required to do so by law, or in response to a subpoena or court order; 
  • We believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, or to protect our property or other rights, or those of third parties, or the public at large; or 
  • We believe that you have abused the Services by using the Services to attack or gain unauthorized access to a system or to engage in spamming, or in any other manner that violates applicable laws or any applicable terms of use.  

Aggregate Information. We may share aggregated or de-identified information without restriction.  

4. YOUR CHOICES

We provide the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about you.  In addition, you may unsubscribe or opt out of receiving communications from us by clicking the unsubscribe link on any email or marketing communication you receive.  You may further be able to adjust the settings of your user account for the Services so as to limit or restrict the communications you receive from us.  

You may also opt-out of our automatically collecting information from you, as described above.  

Note that even if you opt out of receiving communications from us, we reserve the right to send further communications to you for the sole purpose of processing or fulfilling any orders or support requests you made to use prior to opting out.  


5. USE OF YOUR INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE  


The Services are directed to users located in Canada and the United States.  If you are located outside of Canada or the United States and choose to use the Services or provide information to us, you should be aware that we may transfer your information to Canada or the United States and process it there.  The privacy laws in Canada or the United States may not be as protective as those in your jurisdiction.  Your consent to this Notice followed by your submission of information to us through or in connection with the Services represents your agreement to the transfer of your information to Canada and/or the United States.  


In addition, be aware that your information may be further transferred to, stored, and processed by us in our facilities, on our servers and by those third parties with whom we may share your information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above), in other countries.  These countries may not necessarily have data protection laws or similar laws as comprehensive as those in your country..


6. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?


We will only keep your Personal Information for as long as it is necessary for the purposes for which such Personal Information was collected, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). 


7. HOW DO WE KEEP YOUR INFORMATION SAFE?


We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, despite our safeguards and efforts to secure your Personal Information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure.  Accordingly, you acknowledge and agree that: (i) limitations of the Internet are beyond our control; (ii) the security, integrity, and privacy of information and data exchanged between you and us cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party.  Nectarine has no responsibility or liability for the security of information transmitted via the Internet.    


8. NO USE BY CHILDREN


We do not knowingly solicit data from or market to children under 13 years of age without verifiable parental consent.  If we become aware that a visitor under the age of 13 has submitted Personal Information without verifiable parental consent, we will remove his or her information from our files.


9. CONTROLS FOR DO-NOT-TRACK FEATURES


Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. We do not currently respond to DNT browser signals. IF YOU DO NOT WANT US TO AUTOMATICALLY COLLECT INFORMATION FROM YOU WHEN USING THE SERVICES, EITHER NOW OR FOR FUTURE BROWSING SESSIONS, REFRAIN FROM USING THE SERVICES.


10. CALIFORNIA’S SHINE THE LIGHT LAW 


California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits any users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact Information provided below.  Requests may be made only once a year and are free of charge.  


11. EUROPEAN UNION PRIVACY


If the processing of your Personal Information is subject to the European Union General Data Protection Regulation (2016/679) (“GDPR”), we have additional obligations and you have additional rights under GDPR.  These rights and obligations are as follows:


We will process your Personal Information in order to support our provision of the Services.  The lawful bases for processing your Personal Information may include:


  • When you have given consent to our processing; 
  • When processing is necessary for the performance of a contract to which you are a party to or in order to take steps at your request prior to entering into a contract; 
  • When processing is necessary to protect our legitimate interests or that of a third party, except where such interests are overridden by your interests or fundamental rights; 
  • When processing is necessary for compliance with a legal obligation to which we are subject; and
  • When processing is necessary to protect the vital interests of the data subject or of another natural person.  


If the processing of your Personal Information is subject to GDPR, you have many rights with respect to such processing.  Depending upon the lawful basis of processing, you may have the right to withdraw consent or object to our processing of your Personal Information.  You may further have the right to be informed about your Personal Information and how it is being processed, to access, correct and erase your Personal Information, to restrict further processing, and to obtain and reuse your Personal Information for your own purposes.  You also have the right to lodge a complaint with the relevant European Union supervisory authority.


If we transfer your Personal Information to a recipient in a country outside the European Economic Area, we will do so in compliance with applicable laws with respect to such transfer. 


12. DO WE MAKE UPDATES TO THIS NOTICE?     


We may change this Notice from time to time. If we decide to make a material change to this Notice, we will post it on this page. Your continued use of the Services after the posting of changes to this Notice will mean you accept these changes. In some cases, we may attempt to contact you through an email or other address you have provided, so we can give you choices about our using your information in a manner different from that stated at the time of collection. If we make any material changes in our privacy practices that affect your Personal Information that is already in our possession, we will apply those changes to that older information only with your consent or as otherwise allowed by law.


13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?     


If you have questions or comments about this Notice, you may email us at info@nectarinecredit.com or by post to:


Nectarine Capital Inc.

dba Nectarine Credit

3750 Shelbourne St. #202

Victoria, BC V8P 4H4

Canada


14. CORRECTING/UPDATING YOUR INFORMATION    


You may have the right to request access to the Personal Information we collect about you. You may also have the right to correct any errors contained in that information. For details, please email us at info@nectarinecredit.com.