Privacy Policy

This notice describes the Privacy Policy of NextGear Capital, Inc. (“NextGear Capital”, “our” or “we”), which sets forth our policies and practices with respect to information that may be collected from you through your use of the website.  By visiting (the “website”), you are accepting the practices described in this Privacy Policy.

Collection, Use and Retention of Customer Information

NextGear Capital recognizes and respects the privacy expectations of its customers. NextGear Capital collects, uses and retains non-public personal information about individual customers only where it believes it would be useful (and allowed by law) in offering NextGear Capital products, services and other financial products.  This type of information includes the following:

  • Details of your visit to the website, including traffic data, location data, logs and other communication data and the resources that you access and use on the website.
  • Information about your computer and Internet connection, including IP address, operating system and browser type.

This pertains to all non-public personal information you provide to NextGear Capital through the website.  Your information may be used as follows:

  • To present the website and contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purposes for which you provide it.
  • To provide you with information about your account.
  • To notify you about changes to the website or any products or services we offer or provide.
  • In any other way we may describe when you provide the information.

We might receive personal identifying 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, and 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.  This Privacy Policy does not apply to information collected by third-party sites or content, or applications that may link to, or be accessible from or on, the website.

We may also disclose information that we collect or that you provide as described in this Privacy Policy: (a) to comply with a court order, law or legal process, including to respond to any government or regulatory request, (b) to a buyer or other successor in the event of a merger, 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 users is among the assets transferred, or (c) if we believe disclosure is necessary or appropriate to protect the rights, property or safety of NextGear Capital, our customers or others.

Notwithstanding anything to the contrary in this Privacy Policy, you acknowledge that the collection, use and retention of your information as described herein, shall be supplemental and in addition to any rights that NextGear Capital or its affiliates may have under the Terms of Use, which are applicable to your use of the website, and under any 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 loan document or other agreement that it may have in place with you or your company.  In the event of any conflict between this Privacy Policy and any loan document that you may enter into with the Company (or that may already be in place between you and the Company), the provision of such loan document shall prevail and be deemed controlling.

Electronic (Cookies)

The cookies used by the website do not contain any personal information regarding the visitor, and do not retrieve any information from the visitor’s personal computer (other than your IP address and other similar information retrieved or retained in order to facilitate your use of the website).  They are used only to enhance the user’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.

Maintaining Customer Privacy in Business Relationship with Third-Parties

If non-public personal identification information is presented to a third-party on NextGear Capital’s behalf, that third-party is to 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, you are authorizing us to release necessary information to obtain that product.  No additional notice will be provided.

Website Links to Third-Party Affiliates

This website contains links to third party sites not controlled by NextGear Capital or covered by NextGear Capital’s Privacy Policy.  NextGear Capital is not responsible for, and does not have control over, these third parties or their privacy practices, and the practices of these third-party websites 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 site.

These third-party websites sometimes use technology to send their website (whose link appears on the 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 they may use, and the information practices of these third-party websites are not covered by this Privacy Policy.  Please contact them directly for more information about their privacy practices.

Electronic Security

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.  It is important for you to also protect against unauthorized access to your password and to your computer.  Be sure to sign off when finished using a shared computer.  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 to 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.

Notice and Revisions

If you choose to visit the website, your visit and any dispute over privacy involving the website is subject to this Privacy Policy and the Terms of Use.  If you have any concern about privacy at the website, please contact us with a thorough description using the contact information below, and we will try to resolve it.  Our business changes constantly so our Privacy Policy is subject to modification and revision.  You should check the website frequently to see recent changes.  Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account that was collected from you through your use of the website.  You acknowledge and agree that any other information that we have about you and your account (regardless of whether collected through your use of the website or otherwise) may nevertheless be used by NextGear Capital in any manner that would otherwise be permitted hereunder, and 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.

Collection and Use

Our web server tracks and collects general information about your visit to the website.  We collect these statistics to determine the number of daily visitors to the website, the daily requests for particular files, and the types of browsers our visitors use.  This data helps us to customize the website to better meet your on-line needs.

We reserve the right to change this policy at any time by posting the new Privacy Policy to the website.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices,

Effective Date: January 31, 2013