Welcome to the Bond Street website,
bondstreet.com (together with any user, borrower or
sets forth Bond Street’s policy with respect to:
information we collect in connection with the operation of this website,
including your account on the Website (your “Bond Street Account”);
information collected from or about you is used; and
How you can
access and correct certain information that we may collect.
If you do not agree with anything contained in the Policy, please
do not submit information to, access information from, or otherwise utilize the
In this Policy:
- Users of this Website, including
owners, employees, agents and affiliates of any business, corporation,
partnership or other entity that is, or is considering becoming, a user,
borrower or investor, are referred to as “you”
- Bond Street Marketplace, Inc., a Delaware corporation, together with its
applicable subsidiaries, affiliates, assignees, successors and its and their
respective officers, directors, employees and agents are referred to as “Bond Street,” “we,” “us” or “our.” Together, you and we may be collectively
referred to as “Parties.”
The Website abides by the Children’s Online Privacy Protection Act and is intended
for persons 18 years of age and older.
If you are under 18, we ask that you do not submit any personal
information through the Website, by e-mail or any other means of communication
to Bond Street.
Modifications to this Policy
Bond Street reserves the right to make changes to this Policy at any
time. It is your responsibility to
review the Policy from time to time to see if modifications have been made. Your
continued use of the Website after any modification of the Policy will
conclusively indicate that you accept those changes. Notwithstanding the above, we will seek
your consent to future modifications to the extent we are required to do so by
Information We Collect
Bond Street currently collects information
during your use of the Website in three ways:
Any ideas for
new products or modifications to existing products, and other unsolicited
comments or submissions to Bond Street, excluding any personal financial
information (collectively, “Unsolicited Information”) shall be
deemed to be non-confidential and Bond Street shall be free to reproduce, use,
disclose, and distribute such Unsolicited Information to third parties without
limitation or attribution.
You Provide: When you
create your Bond Street Account, apply for a loan, take part in an investment,
initiate a transaction or similar activities, you will generally be required to
provide personally identifiable information such as personal and business name,
mailing and business address, telephone number, e-mail address, bank account
information, personal and business finances and debts, birthdate, social
security number or tax ID. You may
also provide additional information during communication on forums or comments
on the website or via email or written correspondence. By voluntarily providing us with your personally identifiable data, you
are consenting to our use of it in accordance with this Policy.
from Third Parties and Other Sources:
Third parties, such as credit rating agencies, may provide us with information
on you. We will obtain a credit score for any business, corporation or other
entity interested in becoming a borrower only with the permission of an
authorized representative or agent of the entity. We may also obtain additional
commercially available information from third parties or public sources. We may
combine this information with information we already have about you, to verify
your identity, offer more personalized products
and services for you, to evaluate your loan application or similar purposes.
Bond Street uses Plaid Technologies, Inc. (“Plaid”) to gather End User’s data from
financial institutions. By using our service, you grant Bond Street and Plaid the
right, power, and authority to act on your behalf to access and transmit your
personal and financial information from the relevant financial institution. You
agree to your personal and financial information being transferred, stored, and
processed by Plaid in accordance with
from Your Use of the Website:
We may collect additional user behavior information throughout your use of the
Website, including but not limited to device-specific information, log
information, location, or unique application data that we may append to your
existing Bond Street account.
Our Use and Storage of
Your Personally Identifiable Information
Any of the information we collect from you
may be used in one or more of the following ways:
The personally identifiable information that
you provide and that we collect will be stored and maintained by Bond Street
for so long as we, in our sole discretion, believe is necessary or appropriate
(a) to carry out the purpose(s) for which such information was collected, in
accordance with this Policy, or (b) to comply with applicable laws, contracts
or other rules or regulations.
- To provide you services and access that are personal to you, including your Bond Street Account (for example, information you provide may be used in connection with evaluating your request for credit, or for monitoring your account for other products or services);
- To personalize your experience;
- To obtain, with your authorization, third-party data from credit bureaus or others in connection with your loan application;
- To verify your identity and guard against potential fraud;
- To enforce agreements and/or carry out regulatory checks;
- To create a loan listing on the Bond Street website which may include a credit grade based upon your personal and business history and financials;
- To enhance our Website and the services we offer;
- To generate aggregate statistical studies or research;
- To improve customer service; and
- To send you periodic communications.
Cookies and Other Technologies
Bond Street uses various technologies including,
but not limited to “Cookies” to collect and store personal and non-personally
identifiable information when you use the Website. “Cookies” are small files
that a website or its service provider transfers to your computer or mobile device
through your Internet browser when you visit a website that enable the
website’s or service provider’s system to recognize your browser and capture
and remember certain information. Most
browsers accept cookies automatically, but can be configured not to accept them
or to indicate when a cookie is being sent. Please note that without cookies, you
may not be able to take full advantage of all of the Website’s features.
We may contract with third-party service
providers to assist us in better understanding our site visitors. These service
providers are not permitted to use information about or from users collected on
our behalf, except to help us conduct and improve our business.
Safeguarding Your Access Information and Password; Your
a user of the Website and your Bond Street Account, you are solely responsible
for maintaining the secrecy and confidentiality of your password, and other
account information and should take steps to protect them from misuse. By your continued use of the Website, you acknowledge and agree that Bond Street and its service
providers will not be liable for any harm or damage you may experience by
transmitting or submitting personal or confidential information to Bond Street
by e-mail or other electronic communications or via the Website.
Please note that no technology can be
considered completely secure or impenetrable and Internet protocols and other
public and/or proprietary technology used or accessed by the Website may be
vulnerable to exploitation or compromise by persons engaged in hacking or
criminal conduct. We cannot
guarantee that only authorized persons will view your information or that
information you share on the Website or via e-mail or other electronic communication
with Bond Street will not be intercepted by third parties. We and you each acknowledge and agree
that we shall have no liability to you for any exploitation or criminal conduct
by third parties.
If you access the Website from outside the
United States, you do so at your own risk and are responsible for compliance
with the laws of the United States and of your country.
and Transfer of Your Personal Information
Information collected by Bond Street may be
shared with other parties under various circumstances, including the following:
- To our affiliates or service providers
(including collection agencies) if needed to recover debts and/or enforce any
agreements, in accordance with confidentiality procedures.
- To domestic or offshore nonaffiliated third parties in connection with processing
of loan applications.
- As required by law or for the protection of rights,
including those of Bond Street (including but not limited to under this Policy
or Bond Street’s Terms of Service (the “Terms of Service”), or our property,
or those of our related parties.
- In connection with any change of control,
such as a merger, acquisition, reorganization or sale, your personal
information may be transferred to the other party in such transaction.
- To consumer reporting and fraud prevention
agencies in order to perform checks, protect our or other’s property, or
recover debts you owe.
- To investors interested in investing loans on
our platform. This may mean
displaying business information, financials, terms, and loan information to
these third parties.
- To perform non-personally identifiable
marketing or research.
You are entitled to opt-out of our sharing any of the data covered in Section 1 of the
“Information We Collect” section above. To limit our sharing, please e-mail us at the e-mail
address indicated below with “Sharing Opt-Out” in the subject line and include your name,
address and e-mail address.
for Service Provider Acts
You and we acknowledge and agree that Bond
Street shall have no liability to you or any other person for, or resulting
from, any acts or omissions by any agent, representative or third-party service
provider whom you may at any time delegate, or who is acting on your behalf, while
such person is using your Bond Street Account. You hereby agree to indemnify, save and
hold harmless Bond Street, its affiliates and subsidiaries and its and their
respective successors, assigns, shareholders, partners, members, officers,
directors, managers, licensors, independent contractors, consultants, employees
and advisors in their individual and representative capacities from and against
any suit, action, claim, demand, penalty or loss, including reasonable
attorneys’ fees and expenses and any amount paid in settlement to a third party,
brought by or resulting from any third party (including any government agency
or body) due to, in connection with or arising out of any such act or omission
by your agent, representative or third-party service provider while such person
is using your Bond Street Account, regardless of whether the specific use was
authorized by you.
Your Access to Your Personal Information
We reserve the right to deny access to your
personally identifiable information (a) when such denial of access is required
by law, (b) when granting you access is reasonably likely to negatively impact
other people's privacy, (c) to protect our rights and property and (d) when
such requests are frivolous or made for fraudulent purposes or in bad faith.
- You have access on the Website to update and
correct any out of date or personal information that we have collected on you
at any time.
- You may contact us directly at firstname.lastname@example.org with any questions or comments regarding
this Policy or to opt out of any marketing communications that we (or that any
party to whom we have disclosed your personal information with your consent)
may send you.
acknowledge and agree that all rights not otherwise expressly granted to you by
the Policy are reserved to Bond Street. This Policy, together with the Terms of
Service, constitute the sole and entire agreement between you and us with
respect to the subject matter hereof and thereof and supersedes all other prior
or contemporaneous negotiations, discussions, agreements, understandings,
representations and warranties, both written and oral, between you and us with
respect to such subject matter. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and Bond Street as a result of this Policy or any use of the
Website. The failure of Bond Street to exercise or enforce any right or
provision of the Policy shall not constitute a waiver of such right or
provision. If any provision of the Policy is found by a court of competent
jurisdiction to be invalid, void, unlawful or unenforceable, the Parties agree
that the court should give effect to the Parties' intentions as reflected in
such provision, and the other provisions of the Policy shall remain in full
force and effect. The section
titles in the Policy are for convenience only and have no legal or contractual
effect. Neither the course of conduct between you and Bond Street, nor trade
practice, shall act to modify any provision of the Policy. For purposes of the Policy, the terms “include,”
as” and “for example,” shall be construed as if each term were followed
by the words, “without limitation.”
Except where context requires otherwise, use of the singular form of any
noun includes the plural, and use of the plural includes the singular.
Please note that Bond Street’s Terms of Service, located at https://bondstreet.com/terms, govern your access to and use of the
Website and its contents, including your permitted uses and our disclaimers and
limitations of liability with respect to your use of the Website. The Terms of Service are hereby
incorporated in this Policy in their entirety by reference.
Law; Forum for Disputes
This Policy and all disputes, claims or
controversies (whether in tort, contract or otherwise) arising out of or
relating in any way to this Policy, the Website or the Content, the
interpretation, validity or performance of this Policy, the rights and
obligations of you and us under this Policy or any transaction contemplated by
the Website shall be governed by and construed in accordance with the laws of
the State of New York without regard to the rules or principles of conflict of
laws of such State or any other jurisdiction that would permit or require the
application of the laws of any other jurisdiction. We
and you each hereby irrevocably and unconditionally consent to submit to the
sole and exclusive jurisdiction of the courts of the State of New York and
of the United States of America located in the State of New York, City of New
York, Borough of Manhattan (the “New York Courts”) for any
litigation, lawsuit or proceeding between you and us arising out of or relating
in any way to this Policy (including any non-contractual claims), the Website,
the interpretation, validity or performance of this Policy, the rights and
obligations of you and us hereunder or any transaction contemplated by the
You and we each waive any objection to the
laying of venue of any such litigation in the New York Courts and agree not to
plead or claim in any New York Court that such litigation brought therein has
been brought in an inconvenient forum or that there are indispensable parties
to such litigation that are not subject to the jurisdiction of the New York
Courts. You and we each hereby
irrevocably waive any and all rights which you or we, respectively, may have, or
may have had, to bring such litigation in or before any other court or tribunal (whether
domestic or foreign), or before any similar domestic or foreign authority or
body, and agree not to claim or plead any such rights.
WAIVER OF JURY TRIAL
AND YOU EACH HEREBY AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT WE
OR YOU, RESPECTIVELY, MAY HAVE TO A JURY TRIAL IN RESPECT OF ANY LEGAL ACTION
OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE
AND ANY COUNTERCLAIM THEREIN. EACH
PARTY CERTIFIES AND ACKNOWLEDGES THAT SUCH PARTY HAS CONSIDERED THE
IMPLICATIONS OF THIS WAIVER AND MAKES THIS WAIVER VOLUNTARILY.
CLASS ACTION WAIVER
WE AND YOU AGREE THAT THERE WILL BE NO RIGHT OR
AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION
(INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS
ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF
OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN
INDIVIDUAL BASIS ONLY.
Links to Third Party Websites
The Website may contain advertisements, links
or connections to third party websites.
Any such link or connection is provided only as a convenience, and
should be used at your own risk.
Bond Street has no control over any such other websites, the contents
thereof or the products, services or policies represented. The existence of any
link or other connection does not imply any affiliation, sponsorship,
endorsement, approval, investigation, representation, warranty, verification or
monitoring by Bond Street or create any liability on the part of Bond Street in
respect of such link or connection.
Please be aware that your use of any such third party websites is
governed by the privacy policies of those sites, which we encourage you to
review before using such sites.
and we hereby acknowledge and agree that Bond Street and the Released Parties (as
defined below) shall have no responsibility for any liabilities arising from or
related to the contents of any third party website or the use of any such
website (including any mobile website) or the privacy policies and customer
information practices of any such website.
For purposes of this Policy, the “Released
Parties” shall mean Bond Street, any affiliate or subsidiary of Bond
Street or any of their respective successors, assigns, shareholders, partners,
members, officers, directors, managers, licensors, independent contractors,
sub-contractors, consultants, employees (temporary or full-time), agents,
representatives or advisors in their individual and representative capacities.
Special Notice to California Residents
Rights Under S.B. 27
27 as enacted in California law, California residents have the right to
receive, once a year, information about third parties with whom we have
shared information about you or your family for their marketing purposes during
the previous calendar year, and a description of the categories of personal
make a request under S.B. 27: please send a written request to Bond
Street’s principal office at the address below. Please include the phrase “California
Privacy Request” in the subject line, and provide us with your name,
address and e-mail address.
Do Not Track:
Not Track is a standard that is currently under development. As it is not yet
finalized, we adhere to the standards set out in this Policy. To learn about Do
Not Track, please visit http://www.allaboutdnt.com/.
Questions or Comments – Our Contact Information
If there are
any questions regarding this Policy you may contact us using the following
515 Greenwich Street, Suite 201
New York, NY 10013
Effective Date: June 1, 2014
Last Modified: September 1, 2016
Policy Last Updated: September 1, 2016