Privacy Policy

LendTrade LLC (“LendTrade” or “Us” or “We”) has implemented this Privacy Policy governing the personally identifiable information collected by this site during the course of registering with LendTrade and during the course of your use of the LendTrade site and services. This Privacy Policy does not govern PII collected from any other source or in any other manner.

References to capitalized terms used but not defined herein shall have the meaning ascribed to them in the Terms of Use and User Account Agreement. The term “Personal Information” refers to information that personally identifies an individual.

Overview

This Privacy Policy is intended to provide Members of the LendTrade Site and LendTrade Platform (“you”) with information as to: (i) the type of information that is collected, (ii) how collected information is used and with whom it is shared; (iii) how we intend to protect the information; and (iv) how you can access, modify and/or delete such information.

Collection of Information

Information You Provide to Us: LendTrade collects information about you when you visit and/or register for services from this website. Some of this information is automatically collected, and some is collected when you interact with the site. The type of information that is automatically collected can include date and time of access of the site, the Internet protocol address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, and the specific activities you are engaged in while visiting the Site.

You agree that LendTrade may collect from you certain Personal Information. You also agree that LendTrade may request data elements about certain financial instruments (“Opportunities”) that you may be interested in buying or selling.
Use of “Cookies” and Other Technologies: An internet “cookie” is a small text file created by a web site that stores information on your computer, such as your preferences when visiting that site. Among other matters, LendTrade uses cookies to enable you to use LendTrade Site and LendTrade Platform and is important for ensuring smooth transitions between webpages within and among LendTrade Sites, and to provide you with information about LendTrade’s services. LendTrade also uses cookies to help LendTrade improve and enhance the website experience for all its Members. If you choose to block LendTrade from using cookies in connection with your use of any LendTrade Site you may adversely affect your ability to use and access certain portions of LendTrade Sites or services. LendTrade also collects and maintains “usage information” from and during the course of your institution doing business with LendTrade, including the use of LendTrade Sites and Services.
E-mail Communication: When you communicate with LendTrade electronically, via e-mail or otherwise, or register for an account to use the LendTrade Platform, you consent to LendTrade’s use of the information you have provided, and you further consent to receive electronic communications from LendTrade. If you would prefer not to receive such communications, please send an e-mail to opt out of e-mail communications or use the opt-out mechanism provided in the email. In order to be effective, LendTrade’s communications and other notifications require the transmission of certain information you provided to LendTrade to other Members and non-Members. This may include certain information regarding Opportunities. LendTrade may, in its sole discretion, modify the content of these emails and notifications, including no longer providing them in their entirety or, alternatively, adding additional communications, notifications and emails. LendTrade will only share information about Opportunities that you have previously identified that you are willing to share with other LendTrade Platform Members and non-Members.

Security of Information

Limited Access to Personal Information: LendTrade requires your Personal Information in order to register you with LendTrade and to enable you to use or access certain portions of LendTrade Site and LendTrade Platform, to verify your and your institution’s identity. LendTrade does not request, and does not need, any non-public personally identifiable information from you or any other individual, borrower, or customer.
Security of Information: LendTrade maintains reasonable standards of confidentiality and security for this site and the Personal Information and data elements for Opportunities collected through this site. The Personal Information you provide is secured using commercially reasonable security. No security system is impenetrable and it is possible that someone may intercept or access communications, transmissions and/or Personal Information and data elements related to Opportunities. We cannot guarantee the security of your Personal Information or data elements related to Opportunities. Any transmission of personal information is at your own risk.
Your Obligation to Help Protect your Personal Information: We are not responsible for circumvention of any privacy settings or security measures contained on the LendTrade Site or LendTrade Platform. You must also seek to protect against unauthorized access to any passwords and/or accounts that you use in connection with this website. LendTrade will respond to any security breach as required by any applicable state or federal laws and, to the extent not inconsistent with applicable laws, this privacy policy.

Use and Sharing of Information

Disclosure by LendTrade of Personal Information to Other Entities: Where permitted by law, LendTrade may disclose aggregated statistics about visitors to its site, along with specific information concerning individual visitors of its site, which is not Personal Information. Subject to applicable laws, LendTrade may disclose Personal Information that we collect or you provide in certain situations described below.
Third Party Disclosures: LendTrade uses third party service providers to facilitate the operation of the LendTrade Sites and Services, including the use of information technology infrastructure for application servers, file storage and database management. LendTrade may also enter into from time to time joint ventures, distribution agreements and other relationships with third parties, which may require the disclosure of certain information regarding your institution, including your Personal Information, as part of these agreements.
To our subsidiaries and affiliates: This Privacy Policy applies to Contractors, service providers and other third parties we use to support our business are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

This Privacy Policy applies to buyers or other successors in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of LendTrade’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by LendTrade about our Website users is among the assets transferred.
Legal Process: LendTrade may disclose your personal information if it has a good faith basis to believe that it is required to do so by law, compelled by court order or legal process, or is reasonably necessary and/or appropriate to: (i) protect the rights, property and/or safety of LendTrade or any other person or entity; or (ii) prevent or take action concerning any alleged: (a) illegal activity or (b) breach of our Terms of Use for any LendTrade service, the Account Agreement, or the Privacy Policy of this website.
Linked Sites: LendTrade may contain links to other websites that are not controlled and/or maintained by LendTrade. Please be aware that these other websites may have different privacy policies which may subject you to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such sites and how it is used.

Policy Subject to Change:

LendTrade reserves the right, in its sole discretion, to modify, amend or otherwise change this Privacy Policy from time to time. LendTrade will advise Members of changes to this Privacy Policy and the effective date of the changes by posting the revised Privacy Policy to LendTrade Sites. You agree that posting of a revised Privacy Policy constitutes actual notice to you of the revised policy, and your continued use of the LendTrade Sites constitutes acceptance of the revised policy. In the event you are no longer a registered user, to the extent LendTrade retains any of your information, LendTrade will manage your information in the same manner as current Members.

Miscellaneous

Conflicts of Law and Dispute Resolution. This Privacy Policy shall be governed by the laws of the State of Iowa, without regard to its conflict of law provisions. Any dispute concerning this Agreement shall be submitted to binding arbitration in Polk County, Iowa within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the rules of the American Arbitration Association and held in Polk County, Iowa. To the fullest extent permitted by law, no arbitration brought under this Agreement shall be joined to any other action or any other arbitration, and no class claims may be brought as part of any arbitration conducted pursuant to this Agreement. You waive any and all objections to the exercise of jurisdiction over you by United States or Iowa state courts with jurisdiction over Polk County, Iowa to enforce any arbitration award or judgment, and to venue in such courts.
Severability. If any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a court of competent jurisdiction, then that portion of the Privacy Policy will be deemed severable and will not affect the enforceability or validity of the remaining portions of this Privacy Policy.