Privacy Policy (Canada)

Privacy policy (Canada)

Protecting your privacy is important to NextGear Capital Corporation (“NextGear Capital”, “we”, “us”). This Privacy Policy sets forth our policies and practices with respect to the collection, storage, use and disclosure of personal information, which you may provide while using www.nextgearcapital.com (the “website”). By using the website, you signify your consent to the collection, storage, use and disclosure of personal information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you may not use the website. The website is not intended for consumers.

  1. Non-Identifiable Information Automatically Collected

Like many other websites, the website may automatically collect certain non-identifiable information regarding website visitors, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the website, the Internet address of the website from which you linked directly to the website, the operating system you are using, the sections of the website you visit, the website pages read and images viewed, and the materials you post to or download from the website. This non-identifiable information is used for website and system administration purposes and to improve the website. Your non-identifiable information may be disclosed to others and permanently archived for future use.

  1. Cookies

The website may use “cookies”, a technology that installs information on a website visitor’s computer to permit the website to recognize future visits using that computer. The cookies used by the website do not contain any personal information regarding website visitors, and do not retrieve any information from visitors’ personal computer (other than your IP address and other similar information retrieved or retained in order to facilitate your use of the website). Cookies are used only to enhance the visitor’s experience on the website, and to collect anonymous traffic data to enable us to provide a better web experience for the viewing public in general. You may choose to decline cookies if your browser permits, but doing so may affect your use of the website and your ability to access certain features of the website.

  1. Tracking Information

NextGear Capital may use non-personal information to create aggregate tracking information reports regarding website user demographics and website traffic patterns. This information helps us to customize the website to better meet your online needs. None of the tracking information in the reports can be connected to the identities or other personal information of individual website visitors or other individuals. If NextGear Capital links tracking information with personal information, any of the linked information will be treated as personal information and will be used and disclosed only in accordance with this Privacy Policy, and in accordance with the law.

  1. Collection and Use of Personal Information

NextGear Capital recognizes and respects the privacy expectations of visitors to its website. NextGear Capital collects, stores, uses and discloses personal information about individuals only where it believes it would be useful and/or necessary to do so in order for NextGear Capital to offer financial products and other products and services and/or as otherwise permitted by law.

This Privacy Policy governs all of the personal information that you provide to NextGear Capital through the website (such as your name, your contact information, your social insurance number and other personal identifiers, as well as the name, contact information and personal identifiers of third parties with whom you are affiliated). To the extent you provide the personal information concerning a third party through the website, you represent that you have obtained the informed consent of such third party to provide his or her personal information.

NextGear Capital may use personal information for the following purposes:

  • to present the website, its content and features to you;
  • to contact and correspond with you and other concerned individuals;
  • to provide you with information, financial and other products and/or services that you request from us;
  • to provide you with information about your account;
  • to notify you about changes to the website, upcoming events, products and/or services offered or provided by us, our affiliates and/or our business partners that may be of interest to you;
  • to otherwise give effect to any credit application, loan documents or other agreements that you may enter with NextGear Capital;
  • to fulfill any other purpose(s) for which you provide it; and
  • as otherwise permitted by law.
  1. Sharing of Personal Information

NextGear Capital may disclose information that we collect or that you provide as described in this Privacy Policy to affiliates, business partners and service providers for the purposes identified in Section 4 above. If we share personal information with an affiliate, business partner and/or service provider, then that third-party must adhere to strict practices that provide for keeping such information confidential and not accessible to others. Upon signing a NextGear Capital application for a specific product or service provided by a third party, you are authorizing us to release necessary information to obtain that product or service. No additional notice will be provided.

We may also disclose information that we collect or that you provide as described in this Privacy Policy: (a) to comply with a subpoena, warrant, court order, law or legal process, including to respond to any government, regulatory or law enforcement request, (b) where NextGear Capital has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, (c) to a buyer or resulting organization in the event of a merger, amalgamation, divestiture, reorganization, dissolution or other sale or transfer of some or all of NextGear Capital’s assets, whether as a going concern or as a part of a bankruptcy, liquidation or similar proceeding, in which personal information held by NextGear Capital about the website visitors is among the assets transferred, (d) if we believe disclosure is necessary or appropriate to protect the rights, property, health or safety of NextGear Capital, our affiliates, our business partners, our customers or any other third party, and/or (e) as otherwise required or permitted by law.

We might receive personal information about you from other sources or through means other than the website. Any information received from such other sources or through such other channels is not subject to this Privacy Policy, although such information may nevertheless be used by NextGear Capital in any manner that would otherwise be permitted hereunder or by applicable law. Such information may be subject to other information management policies that NextGear Capital has in place, or that NextGear Capital may put into place in the future.

  1. Accessing and Updating your Personal Information

Individuals may request access to their personal information by contacting NextGear Capital at sales@nextgearcapital.com, attn: Director of Business Development. Subject to certain exceptions prescribed by applicable law, individuals will be given reasonable access to their personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You can help NextGear Capital maintain the accuracy of your personal information by notifying us of any changes to personal information submitted through the website.

  1. Storage and Processing of Personal Information

We may store and process personal information collected through the website in our offices and/or in the offices of our affiliates and/or service providers located in Carmel, Indiana or elsewhere in the United States, Canada or other jurisdictions where we may have operations. As such, personal information may be subject to foreign laws and may be accessible by foreign governments, courts, law enforcement and regulatory agencies. By using the website, you consent to such storage and processing in and outside of the jurisdiction in which you reside.

  1. Security

Information collected through the website is stored within NextGear Capital-controlled databases (or databases hosted on our behalf) on services maintained in protected environments. We use commercially reasonable efforts to ensure that personal information is protected against loss, theft and unauthorized access, including physical, organizational and technological safeguards. Notably, we work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website

It is important for you to also protect against unauthorized access to your password, to your account and to your computer. Be sure to sign off when you finish using a shared computer.

  1. Website Links to Third-Party Websites

This website contains links to third party websites not controlled by NextGear Capital or covered by NextGear Capital’s Privacy Policy. NextGear Capital is not responsible or liable for, and does not have control over, these third-party websites or their privacy policies and practices. Moreover, the practices of these third parties are not covered by NextGear Capital’s Privacy Policy. You should review the applicable terms of use and privacy policy for any such third-party website.

Third parties may use technology to send their websites (links to which may appear on our website) directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of the link. We do not have access to, or control over, cookies or other features that third parties may use. Please contact these third parties directly for more information about their privacy policies and practices.

  1. Website Terms of Use and Other Agreements

The Terms of Use governing your use of the website (which may be viewed by clicking here) contains important provisions disclaiming and excluding the liability of NextGear Capital and others regarding your use of the website and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the website. Each of those provisions also applies to any disputes that may arise in relation to this Privacy Policy and the collection, storage, use and disclosure of personal information collected through the website, and are of the same force and effect as if they had been reproduced directly in this Privacy Policy.

Notwithstanding anything to the contrary in this Privacy Policy, you acknowledge that the collection, storage, use and disclosure of personal information as described herein, shall be supplemental and in addition to any rights that NextGear Capital, its affiliates, its business partners and/or its service providers may have under the website Terms of Use, which are applicable to your use of the website, and under any credit application, loan documents or other agreements that you may enter into with NextGear Capital, and this Privacy Policy shall not in any way be deemed to limit or reduce any right that NextGear Capital may have under any credit application, loan document or other agreement that it may have in place with you or the company with which you are affiliated. In the event of any conflict between this Privacy Policy and any credit application loan document or other agreement that you or the company may enter into with NextGear Capital (or that may already be in place between you or the company and NextGear Capital), the provision of such credit application, loan document or other agreement shall prevail and be deemed controlling.

  1. Former Visitors

If you stop using the website or your permission to use the website is terminated by NextGear Capital, we may continue to use and disclose personal information collected through the website in accordance with this Privacy Policy, as amended from time to time, and subject to compliance with the applicable law.

  1. Privacy Policy Changes

NextGear Capital reserves the right to change this Privacy Policy from time to time in our sole discretion and without any prior notice or liability to you or any other person. The collection, storage, use and disclosure of personal information by NextGear Capital will be governed by the version of this Privacy Policy in effect at that time. New versions of this Privacy Policy will be posted here. Your continued use of the website subsequent to any changes to this Privacy Policy will signify that you consent to the collection, storage, use and disclosure of personal information in accordance with the changed Privacy Policy and that you have obtained the necessary consent of the individuals whose personal information you provide to NextGear Capital. Accordingly, when you use the website, you should check the date of this Privacy Policy and review any changes since the last version. You should also bookmark this page and periodically review this Privacy Policy to ensure that you are familiar with the most current version.

  1. Contact Information

If you have any questions or concerns regarding policies and practices of NextGear Capital and/or its business partners and service providers in respect of the collection, storage, use and disclosure of personal information, please contact our privacy officer at: sales@nextgearcapital.com, attn: Director of Business Development.

Effective Date: March 2, 2015

MTL01: 3135345: v3