Terms of Use and Privacy Policy

Terms of Use and Privacy Policy

for Markitlend

Protection of Your personal data and Your privacy is important to Us.  We’ve implemented a set of internal rules and processes aimed at protection Your data.  This document sets out the Data and Privacy Protection Policy for data collected during the course of the use of the website accessed at www.markitlend.com (the “Website”).

  1. Ownership and Use of the Website

1.1 The Website is owned and operated by Markitlend P2P Investments, LLC a Limited Liability Company formed according to the laws of Delaware, United States, and bearing registration number 6254602 (hereafter, “the “Company”, “We”, “Our” or “Us”). Our address for statutory notices is 850 New Burton Road Suite 201, Dover, DE 19904. We can be contacted by telephone in the US on +1 646 863 9450, in London on +44 20 3287 2690 and in Prague on +420 227 023 999.  The e-mail address is info@markitlend.com.

1.2 Regardless of the Your physical location, when You are using this Website You agree that for the purposes of Your usage of the Website, the applicable law shall be that of the State of Delaware. When You use our website, You agree to these Terms of Use  that We are not liable for any loss You may suffer stemming from Your use of this Website. Please be advised that if You are not a resident or citizen of the US some of the applicable protections of law might not be available to You.

1.3 The information on this Website may reference various investment opportunities.  When You use this Website You warrant to Us that You understand that unless otherwise specified none of the information constitutes an offer to sell or a solicitation for the purchase of any security.  You also warrant that You understand that the unless otherwise specified, none of the investments have been registered for public sale or have been approved by any financial or legal regulatory authority.  You warrant to Us that You understand that an investment involves the potential for loss of Your capital, in part or in whole, that You should carefully consider the various risks of the investment and Your personal ability to withstand any loss that You may incur. You should consider any investment in the context of Your overall portfolio and personal circumstances and consult with independent financial legal and tax professional prior to making an investment.

1.3 During the course of Your visit to Our Website, You may decide to enter into transactions and agreements with companies whose products are presented on this Website (hereafter, “Transaction Agreements”). You understand and Agree regardless of whether or not We are affiliated with the companies whose information is present on this Website that Transaction Agreements are entirely separate from both the Website Terms of Use and this Data and Privacy Protection Policy. If you decide to enter into a Transaction Agreement you agree that the terms and conditions specified in the Transaction Agreement form an agreement separate and apart from any other Agreement.

  1. Collecting Your Personal Data

2.1 When You use the Website, We will ask You to provide certain data to Us, Our affiliates and partner companies. We may ask for Your contact details, demographic information, employment, income, professional qualifications, investment experience and educational history. In the case of individuals and entrepreneurs seeking to raise capital We may collect information about Your business and personal financial circumstances. We may supplement the information You provide Us with information We receive from independent third parties. We refer to all of this information – both what You provide Us and what We collect from other sources – as Your “Personal Data”.

  1. Processing and Storing Your Personal Data

3.1 The principal purposes for which We process and store Your Personal Data are:

  • To confirm Your identity in order to create an investment or borrowing account and ensure that You are eligible to use the services provided on the Website.
  • To conduct required anti-money laundering checks on You in connection with certain transactions You may conduct via the Website or in Transaction Agreements.
  • In the case of individuals, companies or entrepreneurs seeking capital, to verify and approve the disclosures You make to potential investors.
  • In the case of investors looking to allocate capital, to confirm that You are eligible to make the relevant investments.
  • To monitor, improve and administer the Website and the services provided on the Website.
  • To enable Us to conduct surveys and aggregate User profiles.
  • To provide You with information on selected products and selected services that we think may be of interest to You (unless You have asked Us not to do so).
  • To enable Us to comply with legal and regulatory obligations.
  • To contact You to ensure customer satisfaction in respect of Our role as a Website provider and assist You in getting the best value from Our service.
  • To gather Statistical information (IP address and hostname, web browser version, pages visited etc.).
  • To make note of the previous website address from which You reached us, including any search terms used.
  • To maintain other information submitted in forms, for example if You submit Your personal details when requesting a form or providing feedback.

Our affiliated company, MarkitLend UK Ltd, has voluntarily registered with the UK Information Commissioner. Full details of these purposes are set out in Our notification to the Information Commissioner’s Office under the UK Data Protection Act 1998. We reserve the right to withdraw Our registration at any time, unless we are compelled by applicable law to maintain a registration.

3.2 Your Personal Data that is collected by Us or affiliates will be kept confidential by Us and Our affiliates, and we will not disclose it to third parties without Your consent. The only exceptions to this are:

  • We may disclose certain of Your Personal Data to third-party service-providers solely in the course of their provision of services to Us. We will take reasonable precautions to ensure that these service-providers are obligated to keep confidential any of Your Personal Data that they use. However, we are not liable for the actions of 3rd parties.
  • We may disclose certain of Your Personal Data if We are required to do so by law, regulation or the order of court or other legitimate government body or arbitration panel. This includes, among other things, any Personal Data that may be requested by the Financial Conduct Authority, the US SEC or any other applicable regulatory authority and which We are required by law to provide.
  • You may be informed in one of the Transaction Agreements that We or our affiliates will disclose certain of Your Personal Data in connection with a transaction You conduct through the Website.
  • In the event that We intend to enter into a major corporate transaction, such as a sale of control of Our business or a start-up on a stock exchange, We may disclose certain of Your Personal Data to potential buyers, underwriters or advisors. If We do this, We will take reasonable precautions to ensure that the recipients of Your Personal Data are obligated to keep it confidential.
  • We may, from time to time, expand, reduce or sell Our business and this may involve the transfer of certain divisions or the whole business to other parties.
  • Your Personal Data will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use Your Personal Data for the purposes for which it was supplied by You. You should note that technical details, which We cannot associate with any identifiable individual, do not constitute “personal data” for the purposes of the Data Protection Acts, 1988 – 2003.

3.3 Cookies are small pieces of information, stored in simple text files, placed on Our computer by a website. Some cookies can be read by the website on Your subsequent visits. The information stored in a cookie may relate to Your browsing habits on the webpage, or a unique identification number so that the website can “remember” You on Your return visit. Other cookies are deleted when You close Your browser and only relate to the working of the website. Generally speaking, cookies do not contain personal information from which You can be identified, unless You have furnished such information to the website.

3.4 Our Website uses cookies in a number of places.

  • When You first visit Our Website You will see a message informing You about cookies. If you click the ‘Hide this message’ button, the Website will set a cookie which records Your preference.
  • The Website sets a cookie when You view or use the ‘Contact us’ form. This cookie does not contain any personal information, but is used to help prevent a security attack called ‘cross-site referral’.
  • A cookie is also set to allow the text-resizing and high-contrast buttons to work.
  • A number of cookies are set to allow some checklist functionality to work. We may use Google Custom Search to provide the Website’s search functionality. Google may set cookies when You use the search function. You can find Google’s privacy policy here: www.google.com/policies/privacy/.
  • Cookies from Google may also be set when Google Maps are displayed on this website.
  • Most browsers allow You to turn off cookies or to customise Your settings for cookies. To find out how to do this, see the ‘Help’ menu on Your browser. Please note that if You turn off cookies or change Your settings, some features of Our Website may not work correctly.
  1. Changes and Amendments to these Terms

4.1 We may make changes to this Terms of Use and Privacy Protection Policy from time to time. If We do this, We will post the changed Terms of Use and Privacy Protection Policy on the Website and will indicate at the top of this page the date the Terms of Use and Privacy Protection Policy were last revised. You understand and agree that Your continued use of the Service or the Website after We have made any such changes constitutes Your acceptance of the new Terms of Use and Privacy Protection Policy.

  1. Governing Law; Venue and Jurisdiction

5.1 By visiting or using the Website, You agree that applicable law is that of the State of Delaware, US,  without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern this Terms of Use and Privacy Policy.

5.2 If You enter into any Transaction Agreement via this Website the terms of that Transaction Agreement will be governed by the laws specifically referenced in that Transaction Agreement.

5.3 Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Terms of Use and Privacy Protection Policy is held invalid, the remainder of this Terms of Use and Privacy Protection Policy shall continue in full force and effect. If any provision of this Terms of Use Privacy Protection Policy shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Data and Privacy Protection Policy and shall not affect the validity and enforceability of any remaining provisions.