Terms and Conditions & Privacy Policy

Effective Date

This Privacy Policy shall be effective as of 12/10/2024

Ownership

This website is owned and operated by Kapalua Capital, LLC (“Kapalua”). We at Kapalua respect the privacy of visitors to our websites, and the privacy of our customers. We respect and value the privacy of our clients and have developed this Privacy Policy to demonstrate our commitment to protecting your privacy. This Privacy Policy applies to and describes our information handling practices when you access our services, which include our content located on this website, or any other websites, pages, features, or content we own or operate (collectively, the “Site(s)”) or third-party applications relying on API, and related services (referred to collectively hereinafter as “Services”).

1. Acceptance of Terms of Privacy Policy

Kapalua is a capital solutions provider offering flexible funding programs to support small business growth. Our Privacy Policy applies to everyone who utilizes our Sites.

You agree to this Privacy Policy by accessing, browsing, or using our Sites. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of our Services.

2. Types of Information that is Collected

We collect several types of information about you and your business when you access our Sites.

Our Sites collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device(“Personal Information”). Personal information does not include:

Publicly available information from government records.
Deidentified or aggregated consumer information.

To establish an account and access our Services, we’ll ask you to provide us with some important information about you. This information is either required by law (e.g. to verify your identity), necessary to provide the requested services (e.g. you will need to provide three (3) months of bank statements), or is relevant for certain specified purposes, described in greater detail below. As we add new features and Services, you may be asked to provide additional information.

Please note that we may not be able to serve you at all, or our Services may be degraded if you choose not to share certain information with us.

2.1 Information We Collect Directly From You:

We collect information directly from you about you.

Personal Identification Information: Full name, date of birth, signature, photographs, phone number, home address, IP Address, social security number, and/or email.
Formal Identification Information: Government issued identity document such as Passport, Driver’s License, National Identity Card, State ID Card, Tax ID number, passport number, driver’s license details, national identity card details, visa information, and/or any other information deemed necessary to comply with our legal obligations under financial, consumer protection, and commercial lending laws.
Institutional Information: Employer Identification number (or comparable number issued by a government), proof of legal formation (e.g. Articles of Incorporation), personal identification information for all material beneficial owners.
Financial Information: Bank account information, Tax return information, Federal and State Tax ID, Profit and Loss Statements, Income statements, Credit Score, Business Invoices, and Wire Instructions.
Transaction Information: Information about the transactions you make on our Services, such as the name of the recipient, your name, the amount, and/or timestamp.
Employment Information: Office location, job title, and/or description of role.
Correspondence: Survey responses, information provided to our support team or user research team.
Business Information: Type of business, list of officers, members, or managers of the business, articles of incorporation, certificates of good standing, and ownership structure.

The documents and information collected are stored securely and protected in accordance with applicable laws. To fulfill our service obligations to you, you authorize Kapalua to use this information to evaluate your eligibility, process your application, and provide funding services. We may also share your information with trusted third-party service providers who assist in delivering our services or with regulatory entities when required by law.

2.2 Information Collected From Third Parties

We may obtain the following types of information about you from third-party sources.

From time to time, we may obtain information about you from third-party sources as required or permitted by applicable law. These sources may include:

Public Databases & ID Verification Partners: We obtain information about you from public databases and ID verification partners for purposes of verifying your identity in accordance with applicable law.
Credit Bureaus: We may obtain information from credit bureaus, including your credit report. We obtain your credit information to better provide services to you, to evaluate your eligibility for Kapalua’s funding programs, to ensure your identity, and to avoid fraud.
Joint Marketing Partners & Resellers: For example, unless prohibited by applicable law, joint marketing partners or resellers may share information about you with us so that we can better understand which of our Services may be of interest to you.

2.3 Data Anonymization and Data Aggregation

We may use data we have anonymized and aggregated for any business purpose.

Anonymization is a data processing technique that removes or modifies personal information so that it cannot be associated with a specific individual. Except for this section, none of the other provisions of this Privacy Policy applies to anonymized or aggregated customer data (i.e. information about our customers that we combine together so that it no longer identifies or references an individual customer).

Kapalua may use anonymized or aggregate customer data for any business purpose, including to better understand customer needs and behaviors, improve our products and services, conduct business intelligence and marketing, and detect security threats. We may perform our own analytics on anonymized data or enable analytics provided by third parties.

3. How Information is Collected

We obtain information about you during the application process, and also through your interactions with our Sites.

We obtain the categories of personal information listed below from the following sources:

Directly from you: For example, from forms you complete or by using our Products and Services.
Indirectly from you: For example, from observing your actions on our Sites.
Third Parties: For example, from third-party services which you connect to as part of using our Services.

During the Application Process: To process your initial application for funding, we may require your name, address, phone number, email address and other personal information. We may also require the name of your business, its address, its federal and state tax ID, the type of business, business location, average monthly sales, state of incorporation, name of Landlord. Such information is used primarily to process your order or as otherwise described herein. This is information you provide to us through our Sites or completing our application.

Emails and telephone calls: We use your email for both transactional (e.g., application status, application updates, application confirmation, etc.) and promotional (e.g., newsletters, new product offerings, event notifications, special third-party offers) purposes. E-mail messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the email was opened and what links (if any) were clicked. If you would rather not receive promotional emails from us, please see the section below labeled “Choice/Opt-Out”. We reserve the right to send you certain communications relating to the Kapalua services, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. We may also contact you by telephone or text message (including to any wireless number you may provide to us) solely in connection with Kapalua’s services. If you would rather not receive telephone calls or text messages from us, you may ask to be removed from our contact list if you receive a call or text message from us.

4. How Your Information is Used

We use your information for a variety of reasons, all of which support Kapalua’s Sites and Services.

Provide Kapalua services: We process your personal information to provide the Services to you. For example, when you wish to seek business financing, we require certain information such as your identification, contact information, and income information. We cannot provide you with Services without such information.
To provide Service communications: We send administrative or account-related information to you to keep you updated about our Services, inform you of relevant security issues or updates, or provide other transaction-related information. Without such communications, you may not be aware of important developments relating to your account that may affect how you can use our Services. You may not opt-out of receiving critical service communications, such as emails or mobile notifications sent for legal or security purposes;
To provide Customer service: We process your personal information when you contact us to resolve any questions, disputes, collect fees, or to troubleshoot problems. Without processing your personal information for such purposes, we cannot respond to your requests and ensure your uninterrupted use of the Services;
For research and development purposes: We process your personal information to better understand the way you use and interact with Kapalua’s Services. In addition, we use such information to customize, measure, and improve Kapalua’s Services and the content and layout of our applications, and to develop new services.
To ensure Quality control: We process your personal information for quality control and staff training to make sure we continue to provide you with accurate information. If we do not process personal information for quality control purposes, you may experience issues on the Services;

5. Disclosure of Consumer Information to Third Parties

We may disclose your personal information as required by law, to provide the Services, and for legitimate business purposes.

We may share your personal information by disclosing it to a third party for a business purpose. We do not sell personal information.

Disclosure By Law:

You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law) and (2) protect or defend Kapalua´s, or a third party´s, rights or property.

Disclosure to Trusted Third Parties By Us:

Upon completing a profile on the site, and filling out the entirety of the application, your information will be reviewed solely to determine eligibility for funding through Kapalua Capital.

Professionals

With our professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services in order to complete third party financial, technical, compliance and legal audits of our operations or otherwise comply with our legal obligations.

Miscellaneous

We may disclose your personal information for any purpose with which you consent.

6. Updating, Accessing, Retaining, and Deleting Your Information

You may choose to update, access, or delete your data; however, we may be legally required to retain your information to comply with the law.

You may update or delete your information at any time by contacting us and requesting any change or update.

If you wish to stop using your account, you may deactivate it. When your account is deactivated, your information will no longer be used for funding evaluation or service processing. However, your information will be retained in accordance with applicable legal and regulatory requirements. Deactivation allows you to preserve your data and restore your account in full at a later time, if needed.

7. Choice / Opt-out of Marketing

You may choose to discontinue your use of our services.

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instruction included in these emails or you can contact us at collin@kapaluacap.com

You can choose not to provide us with certain information, but this will likely result in the inability to use certain features and to obtain the services and products you are seeking. As a general matter, do not post personal information on public forums. You are solely responsible for the posting of any personal information on public forums.

If, after signing up for our services, you decide you no longer wish to receive communications or continue using our services, you may cancel your account as described herein. Upon cancellation, your information will no longer be used for service-related processing. Please note that any prior communications received from third parties outside of Kapalua are subject to their own policies, and we encourage you to contact them directly if you wish to stop further communication.

Certain federal and state regulations require that we maintain a record of your information for certain periods of time. Due to these regulations, we may be unable to completely delete your information from our database until the time requirements of these regulations have expired.

8. Notification of Privacy Policy Changes

We reserve the right to update this Privacy Policy; we encourage you to regularly review this policy for the latest information.

We may update this privacy policy to reflect changes to our information practices. We encourage you to periodically review this page for the latest information on our privacy policy. When we make changes to this Privacy Policy we will revise the revision date at the top of the Privacy Policy.

Third-Party Sharing

We do not sell, rent, or share your SMS opt-in information with third parties for their marketing
purposes.

Message Frequency and Fees

You may receive up to 3 SMS messages per week. Standard message and data rates may
apply as determined by your carrier.

Opt-Out and Support

You may opt-out of SMS messages at any time by replying STOP.
For assistance, reply HELP or contact us at drew@collin@kapaluacap.com.

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9. Contact Information

Email: collin@kapaluacap.com