Privacy Policy

Viably Capital Inc. (“Viably,” “we,” “our,” and/or “us”) provides financial products and services to growing companies. We value the privacy of individuals who use our website (the “Site”), our applications, platforms, and related financial management tools (the “Platform Services”), and our banking and lending products and services (“Financial Services,” and, together with “Site” and “Platform Services,” our “Services”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from users of our Services (“you” and/or “your”). This Privacy Policy does not apply to information that we process as a service provider on behalf of our business customers.

By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Beyond this Privacy Policy, your use of our Services is also subject to our Terms of Service.

Information We Collect

Depending on the Services you use, we may collect a variety of information from or about you or your devices from various sources, as described below.

Information You Provide to Us.

• Registration and Profile Information. When you register to use our Services, we ask you to provide your name, email address, username, and a password or connect through a single-sign on service. During the onboarding process, we may also ask you for information about your company and personnel, such as the names and email addresses of individuals who you would like to authorize to use our Services, a photo for your individual account, as well as other relevant information we and our service providers may require to integrate your company’s business information with our Services.
• Financial Services. When you apply for and/or use one of our Financial Services, we need to process certain information about you, your company, and individuals associated with your company (including owners, shareholders, and personnel), such as your name, job title or role, address, social security number, tax identification number, date of birth, phone number, email address, and other relevant information necessary to process your application and/or provide your company with the Financial Services requested.
• Communications. If you contact us directly, we receive additional information about you. For example, if you contact us for customer support, we may receive your name, email address, the contents of the message and any attachments you send to us, and any other information you choose to provide. If you subscribe to our newsletter, we will collect certain information from you, such as your name and email address. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Services.
• Careers. If you decide that you wish to apply for a job with us, you may submit your contact information and your resume online. We will collect the information you choose to provide on your resume, such as your education and employment experience. You may also apply through LinkedIn. If you do so, we will collect the information you make available to us on LinkedIn.
• Platform Services. When you use our Platform Services, we need to process certain information about you and your company, including bank account information, marketplace account information (e.g. sales and other transactions), payment information (e.g. credit and debits), and other relevant information necessary to provide your company with the Platform Services.  

Information We Collect When You Use Our Services.

• Location Information. When you use our Services, we receive your precise location information. We also infer your general location information, for example, by using your internet protocol (IP) address.
• Device Information. We receive information about the device and software you use to access our Services, including IP address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens.
• Usage Information. To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with our Services, like the pages or content you view and the dates and times of your visits.
• Information from Cookies and Similar Technologies. We and our third-party partners collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services.  Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Services, you may not be able to utilize the features of the Services to their fullest potential.
• Purchases, Transactions, Accounts, and Information About Your Business. When you use our Services, we may receive information about your business, payments, sales, transactions, and accounts, either directly from you or from, for example, our financial partners, card network partners, merchants, or service providers. For example, we may receive your payment method information, transaction amount, transaction date, transaction location, information generated when a payment or purchase is made, account balances, revenues, income, expenses and other relevant information about your use of our Services.

If you choose to link our Services to a third party account, you authorize us to collect, store, and use any information they may give us. For example, we may receive additional information about you and your company, such as email address, information about your company’s financial accounts and transaction data, business records, and other relevant information about your business.

How We Use the Information We Collect

We use the information we collect:

• To provide, maintain, improve, and enhance our Services;
• To personalize your experience on our Services such as by providing tailored content and recommendations;
• To understand and analyze how you use our Services and develop new products, services, features, and functionality;
• To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, respond to comments and questions, and otherwise provide customer support;
• For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable or otherwise of interest to you;
• To send you text messages and push notifications;
• To facilitate transactions and payments;
• To find and prevent fraud, and respond to trust and safety issues that may arise;
• For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or request by any judicial process or governmental agency; and
• For other purposes for which we provide specific notice at the time the information is collected.

How We Share the Information We Collect

• Affiliates. We may share any information we receive with our affiliates for any of the purposes described in this Privacy Policy.
• Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of our Services.
• Financial and Business Partners. We may share any information we receive with our financial institution and business partners, such as banks, card issuing partners, bank technology platform providers, credit bureaus and reporting agencies, marketplaces and other entities used or retained in connection with the provision of our Services.
• Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn more about Google’s practices by visiting https://www.google.com/policies/privacy/partners/.
• Advertising Partners. We work with third-party advertising partners to show you ads that we think may interest you. Some of our advertising partners are members of the Network Advertising Initiative (https://optout.networkadvertising.org) or the Digital Advertising Alliance (https://optout.aboutads.info). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.
• As Required By Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Services.
• Merger, Sale, or Other Asset Transfers. We may transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets. The use of your information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable information was collected.
• Consent. We may also disclose your information with your permission.

Your Choices

• Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.
• Location Information. You can prevent your device from sharing precise location information at any time through your device’s operating system settings.
• Personal Information. You may request the deletion of your personal information that is collected or maintained by us by submitting such a request to us at [email protected].

Third Parties

Our Services may contain links and integrations to other websites, products, or services that we do not own or operate.  We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

Security

We make reasonable efforts to protect your information by using safeguards designed to improve the security of the information we maintain. However, as no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information.

Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of our Services is directed to children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at [email protected].

International Visitors

Our Services are hosted in the United States and intended for visitors located within the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. By providing any information, including personal information, on or to the Services, you consent to such transfer, storage, and processing.

Changes to this Privacy Policy

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share personal information previously collected from you through the Services, we will notify you through the Services, by email, or other communication.

Contact Information

If you have any questions, comments, or concerns about our processing activities, please email us at [email protected].

Last Updated: February 14, 2023