1. Who We Are and What We Do
Our website, located at www.fundways.com (the “Platform,” “Website” or “Site”), provides online tools to assist companies, potential investors, and others who are interested or involved in the acquisition, development, leasing, management, and financing of real estate and real estate projects (“Investment Related Services”). “Investors” means, collectively, (i) Prospective Investors; (ii) Accredited Investors; and (iii) Existing Investors (each as defined below).
In addition to Investment Related Services, designed to facilitate exchanges and process transactions for interested Investors, we plan also offer a forum – that we call the "Marketplace"
– to allow Investors and users who register at our Site and qualify to create and participate in discussions over real estate projects – whether the project is ongoing, planned, or not even yet "on the drawing board."
"User", "you" or "your" refers to (i) Site Visitors and (ii) Registered Users, as applicable.
A “Participating User” means a natural person (not a legal entity) who (i) is age 18 or older and (ii) has completed the registration process at our Site. We may permit certain companies (legal entities) to participate in our Marketplace. These entities are not considered "Participating Users" because they must agree to additional terms – such as further "good citizenship" terms – that apply to their participation.
For convenience, we use the term "Services" to refer collectively to the services we offer via the Marketplace and our Investment-Related Services. We view our Services as a form of "crowdfunding" or "marketplace lending."
Section 22 (Further Resources) provides further guidance on good practices in this regard.
We have structured our Website so that, as a casual Site Visitor, you may come to our Site and review selected information about our Services without revealing your identity or providing any Personally Identifying Information. It is only where you wish to become a Participating User – and interact in the Marketplace – or become an Investor – and consider investing on the Platform, that we require you to provide Personally Identifiable Information.
To provide our Services, and facilitate exchanges between Participating Users, and between Offering Companies and Investors, we obtain Personally Identifiable Information from you. The ways in which you provide this information, and how we use and protect this information, are set out in Sections 7, 8, 9, and12, below.
7.A Participating User Provides Contact Information, and Other Similar Personally Identifiable Information
- Services Available to Participating Users. Participating Users are entitled to engage in exchanges and debate with other Participating Users (and Investors) via our "Marketplace" features. A Participating User is entitled as well to apply to qualify as an Investor on the Site, if he or she chooses and is eligible.
- Completing Your Registration as a Participating User; User Passwords. Upon completion of our registration process, you will receive a user name and password, which will allow you to gain access to our Marketplace.
- No Anonymous Postings. We believe that website hosts best foster online discussions of substance by requiring that a user who posts information do so under his or her actual given name (please keep in mind that we strongly discourage users from providing any other personal information in the Marketplace). Accordingly, we ask that our Participating Users identify themselves in this manner in our Marketplace. If you object strongly to this practice, you may refrain from participating in the Marketplace.
8.An Investor Provides Financial Information, Information to Verify His Or Her Identity, and Other Similar Personally Identifiable Information
- Services Available to Investors; the Distinction Between Prospective Investors, Accredited Investors, and Existing Investors. Given the regulatory structure governing raising funds, as well as other considerations, we divide individuals who invest through our Site into three broad categories – we call individuals who fall into one or more of these categories "Investors" – and the Investment-Related Services available to an Investor depend on which category he or she falls within, as follows:
- Accredited Investors. An "Accredited Investor" is an Investor who has indicated, and FUNDWAYS has made reasonable efforts to confirm or verify (as the case may be), that they meet the definition of an “”accredited investor” contained in Rule 501 of Regulation D promulgated under the Securities Act of 1933.
- Existing Investors. An "Existing Investor" means an Investor who has previously invested on the Platform, and who has met the requirements and qualifications set out for that particular investment.
- Baseline Information. To qualify as an Investor on our site and receive the Investment-Related Services outlined above, you first need to provide Contact information, and complete the steps required to be a Participating User. You then must provide the additional information specified in following Section 8.3 (Identity Verification) and Section 8.4 (Investor Financial Information).
- Identity Verification. We may require each Investor to provide information designed to verify his or her identity. This information ("Identity Verification Information") may include (i) information from a successfully completed electronic check transaction, (ii) a credit report, or (iii) other similar information designed to authenticate and confirm your identity or to otherwise comply with Applicable Law.
- Investor Financial Information. We also require each Investor to provide the information specified below, consisting of Form W-9 Information, Specific-Qualifications Information, and Payment Information, as specified below. We refer to this information collectively as "Investor Financial Information."
- Form W-9 Information. For tax purposes, we require that each Investor also provide a completed Internal Revenue Service Form W-9, which includes your Social Security Number (or Taxpayer Identification Number, where applicable) ("Form W-9 Information").
- Payment Information. In order to make an applicable investment through our Website, an Investor must provide us with certain account and other payment information, such as information needed to make payment via ACH, wire, electronic checks or credit card ("Payment Information"). Our registration process for Investors provides additional details on the types of Payment Information needed.
We use your Personally Identifiable Information to process your transactions and facilitate your activities with respect to our Site, as set out below. We do not disclose your Personally Identifiable Information to unaffiliated third parties without your express consent, except in the specific circumstances identified in Section 10 (There Are Strictly Limited Circumstances Where Certain Third Parties Have Access To Personally Identifiable Information).
- Required Notices. Where necessary to comply with Applicable Law, we will use Investor Financial Information for these purposes. We may use Contact Information and Investor Financial Information in a similar manner to meet these requirements. Registered Users cannot opt-out of this use of information. "Required Notices" means (i) formal notices from Regulators and (ii) other information that we provide in order to comply with Applicable Law. "Regulators" means state and federal regulators with jurisdiction over Offering Companies and this Website in accordance with Applicable Law. The term "Regulators" includes, where applicable, the United States Securities and Exchange Commission.
- Processing Your Transactions. We use the Personally Identifiable Information you provide to process transactions that you have authorized us to undertake, and to provide you with the Services you have requested. Registered Users cannot opt-out of this use of information.
- Operation of Our Site. We use your Personally Identifiable Information in the operation of our Website, and to comply with Applicable Law. You cannot participate in our Site if you seek to opt-out of these uses of your Information.
- Feedback, Questionnaires and Surveys. Our Website may allow Site Visitors and Registered Users to participate in surveys and/or questionnaires, which from time to time we may post on the Site. We also encourage our users to provide feedback to us about our Site and our Services. You are free to choose whether you participate in these activities. We may ask that, in addition to providing your responses, you also provide Contact Information. In these instances, we use any Personally Identifiable Information you choose provide to us in connection with these activities strictly for the purposes for which you submit the information. We will use survey and questionnaire information – with any Personally Identifiable Information removed – for monitoring or improving the use and appeal of this Site and for other purposes (with no other obligation to you and, specifically, with no obligation to compensate you for these uses). You are not obligated to participate in any of these activities and, if you undertake these activities, you will have the ability to opt-out as provided in Section 11 (Changing or Removing Information; Opting Out).
10.There Are Strictly Limited Circumstances Where Certain Third Parties Have Access To Personally Identifiable Information
- Service Providers. We may employ other companies to perform functions on our behalf, such as maintaining the Website, providing services related to the Site, collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share your Personally Identifiable Information with these companies (collectively, "Service Providers"). We will share with our Service Providers only that information necessary for them to perform their functions, and we require them to commit to refrain from using your Personally Identifiable Information for any other purpose.
- Question of Harm. We may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if we believe (i) that you are in risk of harm from another, (ii) that you are harming or interfering (or will harm or interfere) with others, or (iii) that you are violating (either intentionally or unintentionally) our Terms and Conditions of Use or are otherwise violating legal rights. We will take all reasonable steps to disclose only so much of this Information as is necessary, limiting the disclosure, for example (and where applicable), to Contact Information only.
- Legal. FUNDWAYS will reveal your Personally Identifiable Information to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information, we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
- Required Updates. Applicable Law places certain obligations on Investors to keep information current, including, for example, Form W-9 Information. We ask that you keep your information current. It is particularly important for you to keep your Investor Financial Information current, and to report to us any material change in this Information. We use this information to provide you with investment opportunities and financial distributions due to you as an Investor. Without current information, you receive information in error, which you are not eligible to receive or act on. If you have any questions concerning the importance of keeping your information current (particularly you Investor Financial Information), please contact us in accordance with Section 30 (Contact Us).
- Discretionary Account Information. To allow appropriate control over Personally Identifiable Information, you can access your account (after supplying your user name and password) to change or update discretionary information that you have previously submitted.
- Opting-Out. You are entitled to decline to participate in certain Services, and to decline to give us permission (or to revoke that permission in your discretion) to use your Personally Identifiable Information for certain purposes. We provide you with the ability to decline – or “opt-out of” – receiving communications concerning, or being included in, these activities. Section 9 (How We Use Your Personally Identifiable Information) identifies the Services and uses for which you hold this opt-out right. To opt-out, please email us at email@example.com, and we can also answer questions or assist if you contact us as provided in Section 30 (Contact Us). Please understand that you will not be allowed to opt–out of Required Notices or other legal and related notices concerning your relationship to the Site.
- Deleting Information. Finally, if you request, we will take reasonable steps to remove your name and other Personally Identifiable Information from our databases. Please understand, however, that:
- it may be impossible to remove this information completely, due to IRS and regulatory reporting requirements, investments on the platform and the rights thereof, and data backups and records of deletions;
- if you request deletion of your information, you will be unable to use certain features of the Website and any associated Services; and
- certain Personally Identifiable Information may remain in our databases following the deletion of your account.
You may not remove de-identified, anonymous, or aggregate data from our databases.
We have put in place security systems designed to prevent unauthorized access to or disclosure of Personally Identifiable Information, and we take all reasonable steps to secure and safeguard this Information, including:
- Our Site's password-protected section requires users to give us unique identifiers such as their user ID and password;
- We employ a secure channel, using Secure Sockets Layer encryption, the standard for secure Internet network connections, to protect information exchanged over the Internet between your web browser and our servers;
- We provide access to our databases containing Personally Identifiable Information on a need-to-know basis only; and
- We use automated tools to monitor network traffic to identify unauthorized attempts to upload information, change information, or otherwise seek to "hack into" our systems.
We recognize the sensitivity of information provided in response to our Investors. You can find more information about our security procedures at www.fundways.com.
Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. Please understand, though, that this information should not be construed as a warranty that our security systems are fail proof. Due to the nature of Internet communications and evolving technologies, we cannot provide and we also disclaim assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
We use Anonymous Information to analyze the effectiveness of our Site, to improve our Services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users participating in our Services and the characteristics of visitors at our Site, and may share Anonymous Information with third parties, including Advertisers (as defined below). Rest assured, though, that Anonymous Information provided to third parties will not allow anyone to identify you, or determine anything personal about you. We may collect Anonymous Information through features of the software that supports our Services, through cookies, and through other means described below.
- IP Addresses; Logs. FUNDWAYS may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer's name, the type and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes. None of this data contains Personally Identifiable Information.
- Cookies. A cookie is a small amount of data, often including an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.
- Tags. We may use so-called "pixel tags" – small graphic images (also know as "web beacons" or "single-pixel GIFS") – to tell us what parts of our website have been visited or to measure the effectiveness of searches customers perform on our Site. Pixel tags also enable us to send email messages in a format customers can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our Registered Users. None of this data includes Personally Identifiable Information, and you can "opt-out" of receiving these types of emails from us by following the directions provided in Section 11 (Changing or
- Click-Throughs. We may send email messages that use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked, simply do not click text or graphic links in the email, or notify us in accordance with Section 11 (Changing or Removing Information; Opting Out).
14.Any Information Linked With Your Personally Identifiable Information Is Protected As “Personally Identifiable Information”
If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of Personally Identifiable Information (an "Intrusion"), we will (i) notify affected users of the Intrusion if the information at issue is sensitive, in our discretion; (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each affected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner. To the extent Applicable Law requires steps in addition to those specified above, we will under all circumstances comply with Applicable Law.
Due to federal law (as reflected in the Children's Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 18 TO PARTICIPATE IN OUR SITE OR SERVICES. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR SITE AND SERVICES.
Please understand that we cannot necessarily tell if a user is providing us with his or her true age.
If you wish further information concerning privacy policies in general, and concerning online social networking and safety, you should visit the following site:
California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of Personally Identifiable Information that we collect through the Website and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address set out in Section 30 (Contact Us). When contacting us, please indicate your name, address, email address, and what
Personally Identifiable Information you do not want us to share with Affiliated Businesses or Marketing Partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.
We may allow certain corporations (other than Offering Companies), advertisers, and other entities to place ads and information on our Marketplace (collectively, "Corporate Participants"). Although we have permitted the Corporate Participants to exchange information via the Marketplace, we are not responsible for your choice to contact or do business with them. Your correspondence and dealings with Corporate Participants, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the Corporate Participant, and you agree that FUNDWAYS shall not be responsible or liable for any loss or damage incurred as the result of your dealings with Corporate Participants or as the result of the presence of Corporate Participants in the Marketplace.
In order to engage in the Services as an Investor, you will need to obtain legal rights, and undertake legal obligations, in addition to those set out in this Policy and, in particular, under the documents related to any such investment. These additional rights and obligations are set out in the particular documents for a given investment, that are provided to you in connection with your requesting to be qualified as an Investor, or contemplating (or making) and investment.
Any such documents are available to appropriate Registered Users on our Site, located at www.fundways.com.
We want your feedback. If you have a suggestion on how we can improve our services or complaints you would like us to address about our Services, please contact us at the address
set out in Section 30 (Contact Us). For more serious disputes, you must follow (and are bound by) the terms set out below in Section 27 (Mandatory Arbitration of Disputes). You may also bring these types of complaints to the attention of others, for an independent review, as provided in Section 26.2 (Complaints to Regulators).
- Complaints to Regulators. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Other States may provide similar avenues for lodging complaints. Please check with your State's consumer protection authority.
27.Mandatory Arbitration of Disputes
You may contact us, for any reason, by e-mail as follows: firstname.lastname@example.org
You may contact us by mail as follows:
FUNDWAYS NY LLC
130 East 40th Street Fifth Floor
New York, NY 10016
Copyright ©2014 FUNDWAYS Corporation. All Rights Reserved.