Kickfurther Privacy Policy

Note Regarding Children Under 18

To be a member of the Kickfurther community, you must be a legal U.S. resident 18 years of age or older. Children under the age of 18 are not eligible to participate on this website.

How we collect information about you:

We collect personal and financial information about you that you provide while you use the site. We collect most of this information during the registration process. There is some information that members are required to provide and other information that they provide voluntarily. We will keep some of this information private and will display some to other users. We always let you know which information is public and which is private. Additional information may be gathered during your subsequent use of the site, whenever you choose to provide it. We also collect information about your inventory account balance and payment history.

Certain personal information must be supplied during the buyer and business registration processes, as indicated below, in order to (a) enable registered users to login to the site, (b) determine business eligibility for inventory consignments through our proprietary credibility scoring process, (c) verify buyer and business identities, (d) establish buyer and business ability to participate in consignments by verifying that they are at least 18 years of age, and (e) guard against potential fraud. This basic personal information includes:

§ Your name (buyer or business registration).

§ Your email address (buyer or business registration).

§ Your date of birth (buyer or business registration).

§ Your address and telephone number (buyer and business registration).

§ Your Social Security number (buyer registration).

§ Your Business EIN (business registration)

When you register as a business, we may use this basic information to pull a credit report from a credit bureau to determine your creditworthiness as well as to help buyers assess your consignment request in the context of your overall financial situation. We will also use your required and optional information to facilitate activities and transactions that need to occur such as:

§ Generating public business profiles on the site.

§ Potentially assigning you a Kickfurther Score based on certain metrics

§ Enabling our financial services partners to implement automatic payments and fund transfers.

§ Contacting you if there is a problem completing a transaction you requested, discussing a problem with your account, or discussing a problem with your Consignment.

§ Implementing collection activities as needed.

§ Maintaining regular communications with you concerning transactions you initiate, such as requesting information or assistance, submitting consignments, making payments, transferring funds, etc.

When you register as a buyer, we will request the basic personal information and additional optional information in order to facilitate such activities as:

§ Generating a public buyer profile on the site.

§ Enabling our financial services partners to implement fund transfers and the receipt of business payments.

§ Contacting you if there is a problem completing a transaction you requested or to discuss a problem with your account.

§ Maintaining regular communications with you as may be necessary to execute transactions you request, such as transferring funds.

In addition, we gather names and email addresses of people who contact us through our website with questions about our company operations. We collect this information for the sole purpose of responding to such inquiries.

Finally, we also collect information about your computer and your visits to our website, such as your IP address, geographical location, browser type, referral source, length of visit, and page views through the use of log files. We use this aggregated information in the administration of our website to improve its usability and to evaluate the success of particular marketing/advertising campaigns, search engine optimization strategies and other marketing activities. We use non-identifying and aggregated information to help optimize our website based on the needs of our users. No personal or personally identifiable information about any individual user is collected through this process.

We retain this information to satisfy legal requirements such as recordkeeping and tax and credit reporting requirements, as well as for purposes of fraud prevention, audit and data integrity.

We may also use information gained from you to determine certain overall User metrics such as average purchase size, purchase amounts, number of consignments funded, average number of consignments funded, and geographic location. These metrics better help us understand our user base and may be provided from time to time to businesses in order to allow them to better understand our user base. However, you information will never be sold and may be anonymized by your selection of an unique username

User Referral Activities

Users may choose to refer friends to the site or directly to their consignment listings via email. If this referral occurs independently of our site or a partner’s site, we do not track the referral other than as a unique page view. Since we do not collect any information from the referring party or the recipient of the external email referencing our site, we do not capture or store any information about either party. If friends refer each other to our site or to their inventory consignment listings via a partner’s site, we will store and track information about the referring and receiving parties only long enough to determine the effectiveness of our marketing activities which contributed to the referral.

Users may choose to electronically forward a link or page to a friend by clicking the “Email” link. The users must provide their own list of recipients in order for these emails to be sent. This information is not used for any other purpose and we do not store the names or email addresses of your friends. These are one-time only emails initiated by friends of the recipients, and the recipients are not added to any mailing list or contacted by Kickfurther apart from this specific email.

Our users can also refer friends to the site by completing a simple form to generate an email invitation. In this case, the email invitations do not track back to any particular inventory consignment request, and the sender will not know whether you are a retailer, partner or simply a member. This information is stored for the sole purpose of sending this one-time email and tracking the success of our referral program. In the case where a bonus is offered to a member in return for the referral, Kickfurther will only retain the information about the referred parties to properly credit the account of the member initiating the referral. The information is not used for any other purpose.

Communications From Us

When you register on our site you will receive emails that confirm specific actions you requested. These notifications are typically sent to notify you of a change in status, or for legal or security purposes. For example, you will receive notifications confirming your registration, the successful verification of email addresses and bank accounts, and the successful submission of inventory consignment requests and purchase orders; you will receive notifications regarding certain changes to legal agreements and required inventory consignment and privacy disclosures; and you will receive progress updates on the status of inventory consignment requests and purchase orders. These are transactional notifications that you generally cannot opt out of receiving. We may also send you responses to emails you send us, if appropriate or applicable.

From time to time, we will also send user surveys, requests for user feedback regarding user experience and site operations, newsletters, event notifications, group leader notifications, or marketing consignments from us or from us on behalf of our marketing partners. The completion of these surveys or requests for feedback, receipt of these newsletters or notifications, or acceptance of any consignment is strictly voluntary. If you do not wish to receive these surveys or user feedback emails, newsletters, notifications or marketing consignments, please log in to your account, go to “My Account” > Settings > Communication Preferences” and click on the “Edit” button. A link to your Communication Preferences page will be included in any consignment email you receive from us.

How and When Your Information Is Shared With Other Parties

Information is shared with other parties in the following ways:

§ Required and optional information about businesses and buyers is displayed on public profiles that users can update at any time; certain information is optional and you can choose not to supply it and/or can remove the optional information at any time.

§ Personal but not personally identifiable information about retailers is contained in inventory consignment listings that can be viewed by all users; this information may also filed with the Securities and Exchange Commission and as such is made publicly available.

§ Personal but not personally identifiable information about businesses is contained in consignment listings that can be viewed by all users; this information may also filed with the Securities and Exchange Commission and as such is made publicly available.

§ Financial and credit information about businesses is displayed to qualified users on consignment listing pages; may be filed with the Securities and Exchange Commission and as such is made publicly available; and is contained anonymously in inventory consignment data files available through Kickfurther’s Developer Tools and Marketplace Performance pages.

§ Information is shared directly between users and/or potential users. Information shared directly by users and/or potential users might contain personally identifiable information.

§ Information may be shared to meet any applicable law, regulation, legal process or enforceable governmental request, for the purposes of limiting fraud or in connection with the sale of Kickfurther to a third party.

§ Information may be shared with a number of trusted partners that perform vital functions as part of our operations.

§ Information related to overall user metrics may be shared with businesses submitting consignments or businesses potentially submitting consignments to better give these businesses an understanding of our user base and typical user activity

For privacy purposes, businesses and buyers remain anonymous on the site and are identified only by their chosen screen names. However, businesses have public profiles and consignment listings on the site that display their information to any users who view these pages. The consignment listing pages may include businesses’ credit information and other financial information that is shown to qualified buyers so that they can effectively evaluate consignment requests. As noted above, this information is also contained anonymously in consignment data files available through Kickfurther’s Developer Tools and Marketplace Performance pages. Consignment listings also contain certain personal information. Buyers also have public profiles on the site that display personal information that they have opted to include. Finally, users creating blog/forum posts are identified by the names they choose to provide. To protect buyers’ and users’ privacy, however, the blog/forum posts do not track back to consignment listings or consignment funding decisions, respectively.

Kickfurther is not responsible for any personal information that businesses or buyers may choose to reveal about themselves in their screen names, consignment requests, public profiles, or blog/forum posts. Given the community nature of any person-to- person transaction site, however, it may be in the best interests of businesses and buyers to share some level of personal information in order to achieve a satisfactory outcome (e.g., it may be necessary for a business to share a certain amount of personal information in order for the business’s consignment to receive full partner commitments). Further, User contact information may be provided to businesses a user followed or funded. Users will have the ability to opt-out of the providing of this information should they so choose.

If you use our blog on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of this forum, and could potentially be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in this forum. To request removal of your personal information from our blog or community forum, contact us at contact@kickfurther.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

In order for a business listing to become a consignment, a business must receive aggregate buying commitments from partners that equal or exceed the minimum funding amount applicable to such listing. When a business submits a listing, it will automatically be allocated to one of three partner funding channels, based upon a random allocation methodology determined by Kickfurther: (i) the first channel allows partner members to commit to purchase Notes from Kickfurther, the payments of which are dependent on the payments the retailer makes on his or her inventory consignment (the “Note Channel”); (ii) the second channel allows partner members to commit to purchase 100% of a retailer’s inventory consignment directly from Kickfurther (“Inventory consignment Channel A”); and (iii) the third channel reserves a retailer’s inventory consignment for sale to an partner member who has already committed to purchase certain inventory consignments from Kickfurther (“Inventory consignment Channel B”). We provide information obtained about a business during the consignment application and approval process, including personally identifiable, financial and credit information, to the partner who purchases such business’s consignment through Inventory consignment Channel A or Inventory consignment Channel B. We do not provide this information to partners who purchase Notes through the Note Channel.

We may share your information with law enforcement or other government or regulatory agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your personally identifiable information when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us.

Kickfurther works with a number of trusted partners that perform vital functions as part of our operations, including platform administrators, inventory consignment servicers, credit bureaus, collection agencies, electronic payment service providers, quality assurance agents, and companies that distribute our emails for us or collect survey information from our customers. Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or to perform other specific services, like collections. Our partners are legally required to keep your information private and secure.

How Your Credit History and Inventory Consignment Status Information Are Shared

When you create a consignment listing, we display your listing—including your screen name, Kickfurther Score, and state of residence—publicly on the Kickfurther website. Registered Kickfurther buyers will also see certain credit data collected from or calculated based on your credit bureau file as well as certain other credibility metrics in the credibility section of your listing. The credibility section may also include the following information:

§ Credit score range.

§ Debt-to-income (DTI) ratio.

§ Stated income.

§ The number of accounts on which you are currently late on a payment; this includes any unpaid charge-offs or other negative balances.

§ The total past-due amount you owe on all delinquent and charged-off accounts.

§ The number of 90+ days past-due delinquencies in your credit file in the last 7 years.

§ The number of negative public records in your credit file over the last 12 months, and over the last 10 years; negative public records include, among other things, bankruptcies, liens, and judgments.

§ The month and year your first recorded credit line was opened; credit lines may include, among other things, revolving, installment, and mortgage credit.

§ The total number of credit lines appearing in your credit file, along with the number that are open and current; credit lines may include, among other things, revolving, installment, and mortgage credit.

§ The total balance on all of your open revolving credit lines.

§ Your bankcard utilization ratio, expressed as a percentage, reflecting the ratio of the total balance used, to the aggregate credit limit on, all of your open bankcards.

§ The number of inquiries made by creditors in the last six months, as shown in your credit file.

It is necessary to allow prospective partners to see this information as they evaluate your inventory consignment request. As noted above, this and other financial and credit information obtained from a credit bureau is also contained anonymously in inventory consignment data files available through Kickfurther’s Developer Tools and Marketplace Performance pages. Such information may also be collected by using search tools such as LexisNexis.

If your consignment is successfully funded through Kickfurther, we will also display status information about your consignment to your partners. Your consignment tracks back to you by your screen name, so it is important that you choose a screen name that will protect your anonymity. You should not choose a screen name that resembles your actual name or that of any other person. Further, you should not include your name or personally identifiable information in your consignment request. Your payment performance information such as late payments, collections activity or any other instances of delinquency will be displayed to your buyers.

Where You Can Find and/or Correct Your Information

You can access all of your personal and personally identifiable information that we collect online and maintain by logging in to your account and going to “My Account > Settings”. This section of the site is password-protected to better safeguard your information. As a registered user, you can update your password, email address, secret question, screen name, physical address, phone numbers, and bank account information at any time on the website, and if you need to change any other information in your profile or request that we delete/remove your information, you can contact us at support@Kickfurther.com. To protect your privacy and security, please contact us at support@Kickfurther.com to make changes to your sensitive account information.

We will retain and use your information as needed to provide you services, to comply with our legal obligations, to resolve disputes, to enforce our agreements or as otherwise required by law.

Web-related Information Collection

Cookies are small text files created by a website that store information on your computer, such as your preferences when visiting that site. Kickfurther uses cookies when you sign in, to keep track of your personal session, including some account identifiers so that we can ensure that you are the only person making changes to your account. Cookies are also used to gather statistical data, such as which pages are visited, what is downloaded, the ISP’s domain name and country of origin, and the addresses of sites visited immediately before and after coming to our site, as well as your "click stream" activity (meaning, the paths taken by visitors to our site as they navigate from page to page) and transactional attributes in accordance with information you voluntarily submit in the course of using our site. These anonymous data are aggregated for analysis to ensure proper functioning of our site, in terms of navigation and usability, as well as to evaluate the effectiveness of our marketing efforts. We also use cookies to track your activity on our site as a unique person. We use session ID cookies to make it easier for you to navigate our site. Session ID cookies expire when you close your browser. We use a persistent cookie that remains on your hard drive for an extended period of time, so that we can recognize you when you return to our website. You can remove persistent cookies by following directions provided in your Internet browser’s "help" file; however, because we use cookies for our sign-in functionality, if you choose to disable cookies you will not be able to log on to the Kickfurther website. All of this information is stored in an encrypted fashion for security reasons, and no personal information about you is stored.

We use third-party tracking services (e.g., Google Analytics) that use cookies to track non-personally identifiable information about visitors to our site in the aggregate (such as page views and referral page information to track the success of our marketing efforts to bring people to our site as well as overall site performance). We also employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better understand user interaction with our website. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.

Links to Other Sites

We may offer links to partners’ sites. We make the decision to provide links to these sites based on the quality of information provided at the time the links are enabled, and we make every effort to monitor the continuing quality of content provided on these sites. However, these external sites are not subject to this privacy policy. Further, Kickfurther has no control over the content of these sites. Please consult the privacy policies on these sites before you provide them with any of your personal information.

Social Media Features

Our website includes social media features and widgets (“Features”), such as the Facebook Like button. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Features are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the privacy policy of the company providing it.

Compliance With State and Federal Laws

This privacy policy may not constitute your entire set of privacy rights, as these may also vary from state to state. To be certain of your privacy rights, you may wish to contact the appropriate agency in your state that is charged with overseeing privacy rights of consumers. Certain regulations issued by state and/or federal government agencies may require us to maintain and report demographic information on the collective activities of our membership. We may also be required to maintain your personal information for at least seven years in order to be in compliance with applicable federal and state laws regarding recordkeeping, reporting and audits.

Kickfurther’s Security Policy

Expert fraud prevention and protection

Kickfurther takes strong steps to safeguard your personal and personally identifiable information through vigorous physical, electronic and operational policies and practices. All data is considered highly confidential. Data can only be read or written through defined service access points, the use of which is password-protected. The physical security of the data is achieved through a combination of network firewalls (there is no direct communication allowed between the database server and the Internet) and servers with hardened operating systems are all housed in a secure facility. Access to the system, both physical and electronic, is tightly controlled and limited to only those employees or third parties who have a need to know. We do not allow visibility to Social Security number, bank account information, or credit card information via the website. Further, we also equip our servers with Secure Socket Layer (SSL) certificate technology to ensure that when you connect to our website you are actually on our site. SSL also ensures that all data entered into the website are encrypted. To verify that SSL is being used, look for the key or padlock icon on your browser. For further encryption protection, we use a 128-bit secure browser for logins and transactions.

100% Identity Theft Guarantee

Although Kickfurther has a stringent process in place to prevent fraudulent persons from using stolen identities to acquire inventory consignments, there are still limited times when identity theft may occur. Kickfurther will work with law enforcement authorities to track down and prosecute persons who have committed identity theft. If you are a buyer who suspects that you’ve funded a consignment belonging to a person who has committed identity theft, please email customer support and include the consignment number or identifier and the reason you suspect identity theft.

Secure data center

We store all sensitive financial information in a state-of- the-art, highly secure data center that adheres to SSAE 16 standards. Physical access to the data center is strictly controlled and we use the latest in threat prevention technologies including the very best in firewall, VPN, antivirus, Web filtering and antispam technologies.

Session time-outs

We also employ session time-outs to protect your account. You will be logged out of the site automatically after a specified period of inactivity. This time-out feature reduces the risk of others being able to access your account if you leave your computer unattended.

Protection of account numbers

When we contact you about your account to confirm a funds transfer, we only reference the last four digits of your bank account number; this is done for your protection so that you will recognize the source or destination account as one which you own.

Passwords

At a minimum, we require the use of both numbers and letters in your password. We have also instituted secure steps by which you can regain access to your account should you forget your password, including the use of a security question. Your password is not known to any employee or third party with whom we may partner, and we will never ask for your password as a means of identifying yourself. You should never share your password with anyone, and if you ever receive an email purporting to come from Kickfurther that asks for your password, you should immediately report this development.

What you can do

In addition to our own substantial efforts, you can take several precautions to protect the security of your computer and personal information. For instance, you can start by using a well-chosen password. You should avoid using any information that others can easily learn about you, such as a family member’s name or birthday, and you can also use special characters in place of letters. In addition, we recommend that you change your password frequently.

You can install and regularly update antivirus and firewall software to protect your computer from external attacks by malicious users. When you are finished with a session on our site, be sure that you log out and close the browser window.

To protect your account, we send automatic notifications confirming certain actions taken on your account, such as changes to a password or external linked account. We do this for your own protection so that you can be sure no one else is making changes to your account without your knowledge. However, the security offered through these notifications can be undermined if other people have access to your email account. Therefore, you might consider restricting access to the email account you registered with on this site and/or changing your password on that email account frequently.

If you use a computer that is accessed by other people, such as in a public library or Internet cafe, we recommend that you take special precautions to protect the security of your account and personal data. When you are finished using our site, you should log out completely, then close the browser window and clear the browser’s cache files.

You should also be aware of fraudulent attempts to gain access to your account information known as "phishing." Phishing is a tactic used by scammers in which unsuspecting people are brought to a website by a genuine-looking email purporting to be from a legitimate company. The phony or "spoof" email takes the person to a website that looks legitimate but in fact is not. Either in the email itself or on this fake site, scammers will ask for login information to gain access to people’s accounts and withdraw their money. Kickfurther will never ask you for your login information in the context of any email. In general, you can protect yourself against phishing by never providing personal or login information via an email—instead, go the website directly. You might also make it a habit to check the URL of a website to be sure that it begins with the correct domain. In the case of Kickfurther, you should always ensure the URL begins with http://www.Kickfurther.com, https://www.Kickfurther.com or http://blog.Kickfurther.com.

Changes to This Policy

If we make updates to this privacy policy, we will update the privacy policy with the changes and revise the “last updated” information posted at the bottom of this privacy policy. Any updates to the privacy policy become effective when we post the updates on the website. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this website prior to the change becoming effective. Your use of the website following the update to the privacy policy means that you accept the updated privacy policy.

For additional information, or if you have any questions regarding this policy or the privacy practices at Kickfurther, please submit your questions or comments directly to support@Kickfurther .com via email. Any personal information you submit will be used solely to respond to your requests.

You can also send questions or comments to:

Ouiby, Inc. d/b/a Kickfurther

Attn: Compliance Department

1719 Alpine Ave.

Boulder, CO 80304

Last updated: March 14, 2016

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