Updated January 13, 2023
DiversyFund, Inc. and its affiliates (collectively, “DiversyFund” provide an online investment platform and related tools to assist potential investors and others who are interested in investing in alternative assets such as real estate investment funds and single property investments. This privacy policy (our “Privacy Policy”) describes our data practices regarding the use of Personal Information (defined below) collected through our website and its subdomains located at www.DiversyFund.com (the “Site”), or through our app (collectively, the Site and app are the “Services.”) This Privacy Policy does not apply to any Personal Information collected by third party websites or apps not operated by DiversyFund.
By accessing the Site or using our Services, you are consenting to our use of your Personal Information in accordance with this Privacy Policy. Your access to and use of the Services is also subject to the DiversyFund Terms of Use located at https://diversyfund.com/terms-of-service/.
As a financial company, federal law (the Gramm-Leach-Bliley Act, or “GLBA”) also requires us to tell you how we collect, share, and protect your Personal Information. Please see the GLBA Appendix at the end of this Privacy Policy to learn more about how we treat your Personal Information under GLBA.
Information DiversyFund Collects About You
Personal Information You Provide
We use the term “Personal Information” to mean any information that could be used to identify you, including your name, address, email address, birth date, financial information, phone number, or any combination of information that could be used to identify you. The Personal Information we collect from you depends on which Services you use and how you interact with the Site.
Site Visitors. We have structured our Site so that, as a casual site visitor, you may come to our Site and review selected information about our Services without registering. However, if you wish to become an Investor, we require you to provide certain additional Personal Information.
Investors. If you choose to access our Services as an Investor, we require that you complete a registration form. An Investor is an individual over the age of 18 who has completed the registration process on the Site. Our registration forms specify the information you must provide in order to enjoy particular features to which you wish to subscribe, which may include (i) name; (ii) email address; (iii) phone number(s); (iv) mailing address; (v) social security number (for IRS tax reporting purposes); (vi) bank account number; and (vii) birth date. Our registration forms may additionally request information that you may, at your option, choose to provide or withhold. To the extent this additional information constitutes Personal Information, we will treat it in the manner specified in this Privacy Policy.
We may require each Investor to provide information designed to verify his or her identity. This 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 laws.
We also require each Investor to provide certain financial information. For example, we require that each Investor provide Internal Revenue Service Form W-9 data, which includes your Social Security Number (or Taxpayer Identification Number, where applicable). We also require that Investors provide us certain account and other payment information, such as information needed to make payments via ACH, wire, or electronic checks. Our registration process for Investors provides additional details on the types of payment information needed.
We also may require each Investor to provide certain additional information such as investment objectives, financial goals, income and net worth information and investment experience for regulatory compliance purposes.
Users may upload media files such as videos, photos, text, and other content to the Site to share with DiversyFund and other users. When you upload this content, we may also collect metadata associated with these media files including date, time, location and device information. DiversyFund’s use of such content will be governed by our user-generated terms and conditions which are provided at the time of collection of such content.
Location Data. We may collect your location information through our mobile applications by capturing the location (e.g. latitude/longitude) of your mobile device. If you have given the app permission to access your location, we may collect your device’s location even if you are not using the Service and store your location history. If you want to opt-out of the collection of your location data, please adjust your settings in your mobile device to restrict the app’s access to your location data. Geolocation data may be used to enhance the Services, for example to offer additional functionality and information regarding your location in connection with the location of DiversyFund properties.
Automatically-Collected Information
Even if you do not register for an account on the Site, we may collect certain information automatically. For example, we may automatically receive and record in our system the following information:
We also record page views and other general statistical and tracking information. We use this data to help us administer and operate our Site, to better understand how our users access and interact with the Site, and for security and monitoring purposes.
We may send email messages that use a “click-through URL” linked to content on our Site. 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.
How We Use Your Personal Information
We use your Personal Information for the following business purposes:
We use aggregated 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 aggregated information with third parties, including advertisers. We may collect aggregated information through features of the software that support our Services, through cookies, and through other means described in this Privacy Policy.
To enable us to better understand the characteristics of our Investors and/or to provide services tailored to your needs, we may combine the Personal Information an Investor provides with certain automatically-collected information that would not otherwise be personally identifiable. If we combine or link any automatically-collected, non-individually identifiable information with your Personal Information, the resulting combination will be treated as Personal Information under this Privacy Policy.
How We Share Personal Data
We do not disclose your Personal Information to unaffiliated third parties except as provided in this Privacy Policy, as follows:
Service Providers. To assist us in running our business and to perform certain services and functions, we may share your Personal Information with third-party providers of hosting, payment processing, transfer agent, compliance and audit services, email communication and customer support services, analytics, marketing, and advertising service providers (including Google, Facebook, Instagram and Zendesk among others), which companies provide integrated services to us as part of our product.
For users who choose to link their bank accounts, we use Plaid Technologies, Inc. (“Plaid”) to facilitate the automatic connection with, and gather required transaction data from, your financial institution. In particular, as well as facilitating transactions, we use Plaid to prevent overdrafts on your account and to prevent, detect, and mitigate fraud. By using our joint services, you grant us 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 the Plaid Privacy Policy (located at https://plaid.com/legal/#privacy-policy).
IRA. We team up with third-party custodians to allow you to invest your IRA funds in diversified alternatives such as commercial real estate investments. These parties are not affiliated with DiversyFund, but act as a directed custodian for IRAs and other custodial accounts. If you elect to initiate the opening of a self-directed IRA account with DiversyFund, we streamline the enrollment process by sharing certain Personal Information with these custodians, including but not limited to your name, Social Security number, date of birth, and contact information. You are not required to invest your IRA funds as a condition of using the Services.
Affiliates. We may share information with our affiliates, meaning an entity that controls, is controlled by, or is under common control with DiversyFund. Our affiliates may use the Personal Information we share in a manner consistent with this Privacy Policy.
For Legal Reasons. We may share your Personal Information to the extent we reasonably believe we are required to do so by law or to comply with legal or regulatory requirements, or to protect against fraud, illegal activity, or to otherwise protect DiversyFund against liability.
In Connection with a Corporate Transaction. In the event of a transaction or proposed transaction involving the transfer of substantially all of the assets of DiversyFund or one or more of its businesses to another entity, whether an affiliate or a third party, or in connection with a bankruptcy, we may share your Personal Information in the diligence process or to otherwise facilitate the transaction, and with individuals assisting in the transaction or in connection with a bankruptcy. Your Personal Information may also be one of the transferred assets as part of the transaction or bankruptcy.
For Safety & Security. We may reveal your Personal Information to third parties, including law enforcement agencies, in order to protect the safety and security of our users or of any third party.
Cookies, Pixel Tags, and Similar Technologies
A cookie is a small amount of data, often including a unique identifier, which is sent to your browser from a website and stored on your computer’s hard drive.
We use both “session” cookies and “persistent” cookies, as follows:
Session cookies: We use session cookies to improve navigation on our Site and to collect aggregate statistical information. A session cookie expires when you close your browser. Because these cookies are strictly necessary to use the Site, you cannot refuse them.
“Persistent” cookies: Persistent cookies are bits of information that are placed on the hard drive of your computer and can remain for extended periods of time. Persistent cookies also enable us to provide enhanced, more personal features (such as showing or hiding notifications), and track and target the interests of our users to enhance the experience on our Site. The types of persistent cookies used on the Site are described in more detail below. You may set your browser so that it does not accept cookies, and you may also use the direct opt-out tools provided by the parties described below. If you do not enable or if you disable cookies, however, you may not be able to access certain personalized features of our Services.
We may also use so-called “pixel tags” – small graphic images (also known as “web beacons” or “single-pixel images”) – to tell us what parts of our website have been visited or to measure the effectiveness of marketing campaigns on our Site. In contrast to cookies, which are stored on a user’s computer hard drive, pixel tags are embedded invisibly on our Site. Pixel tags inform us whether emails have been opened, to help ensure that our messages are of interest to our users. We may tie the information gathered by pixel tags to our users’ Personal Information, in which case it will be subject to the terms of this Privacy Policy.
In particular, the Site uses:
Feedback, Questionnaires and Surveys.
Our Site allows site visitors and Investors to participate in surveys and 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 us with your contact information. In these instances, we use any Personal Information you choose to provide to us in connection with these activities for the purposes for which you submit the information.
We aggregate information derived from survey and questionnaire information – with your Personal Information removed – for monitoring or improving the use and appeal of this Site (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.
Links to Other Sites
This privacy statement applies only to Personal Information collected by our Site. Our Site contains links to other sites that are not owned or controlled by DiversyFund. DiversyFund is not responsible for the privacy practices of such other sites, and we encourage you to be aware when you leave our Site and to read the privacy statements of each and every web site that collects Personal Information.
International users
The Site may be accessed by users located outside 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, please note that you are transferring your personal information outside of those regions to the United States, and that by providing your personal information on or through the Site you consent to that transfer.
Data Security
We have put in place commercially-reasonable security systems intended to prevent unauthorized access to or disclosure of Personal Information, and we take reasonable steps to secure and safeguard this Personal Information against loss, theft, and unauthorized use, disclosure, or modification. With that said, there is no such thing as 100% security of the networks, servers, and databases we operate or that are operated on our behalf. For example, email sent to or from the Site may not be secure. Before submitting any Personal Information via the Site, please be aware of these inherent risks and understand that you do so at your own risk.
Data Retention
We keep your Personal Information for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so in connection with your account, or as required by law (e.g., for tax, legal, accounting or other purposes), whichever is longer.
Your Choices
In general, you may browse the Site without providing Personal Information. However, if you choose not to provide certain Personal Information through our Site, we may not be able to provide certain services or process certain of your requests. You will not be able to become an Investor or use all of the features and products that we offer through this Site.
Depending on the functionality associated with the Site feature you are using, you may be able to update or delete certain of your Personal Information on the Site. Accordingly, at your request, we will take reasonable steps to remove your Personal Information from our databases. Please note, however, that:
Any deletion requests may be sent to [email protected].
If you no longer wish to receive marketing emails from us, you can opt out of these communications by clicking on the “unsubscribe” link included in those emails, or by contacting us at [email protected]. Please understand that you will not be allowed to opt-out of transactional notices or other legal and related notices concerning your relationship to the Site or your account.
Children’s Privacy
Our Site is not directed to children under the age of 18. We do not knowingly seek to collect or maintain Personal Information or other information from children under the age of 18. We will use commercially reasonable efforts to delete any Personal Information or other information later determined to be provided by a child under the age of 18. Use of the Site by children under the age of 18 is not permitted. If you become aware that a minor has provided Personal Information through our Site, please email us at [email protected].
Changes to This Privacy Policy
We reserve the right to alter, modify, update, add to, subtract from or otherwise change this Privacy Policy at any time, which will become effective as of posting on the Site. We encourage you to periodically review this Privacy Policy to stay informed about how we collect, use, and share Personal Information.
Additional Notice to California Residents
We are required by the California Consumer Privacy Act of 2018 (“CCPA”) to provide this CCPA notice (“CCPA Notice”) to California residents to explain how we collect, use, and share their Personal Information and the rights and choices we offer California residents regarding our handling of their Personal Information.
CCPA Scope And Exclusions
This CCPA Notice, including the description of our privacy practices and California residents’ privacy rights, applies only to California residents whose interactions with us are limited to:
This CCPA Notice does not apply to the Personal Information we collect, use, or disclose about:
Privacy Rights
The CCPA grants California residents the following rights:
Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. We will also respond to requests for information and access only to the extent we are able to associate with a reasonable effort the information we maintain with the identifying details in a request. If we deny a request, we will communicate our decision to the requester. California residents are entitled to exercise the rights described above free from discrimination.
How We Respond to “Do Not Track” Signals
Our Site currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.
Contact Us
If you have any questions about this Privacy Policy, the practices of our Site or Services, or your dealings with our Site or Services, please contact us at:
DiversyFund, Inc.
Symphony Tower
750 B Street, Suite 1930
San Diego, CA 92101
GLBA Privacy Notice
November 1, 2021
| FACTS | WHAT DOES DIVERSYFUND, INC. DO WITH YOUR PERSONAL INFORMATION? |
| Why? | Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. |
| What? | The types of personal information we collect and share depend on the product or service you have with us. This information can include:
• Social Security number and income • Investment experience and assets • Account transactions and checking account information When you are no longer our customer, we continue to share your information as described in this notice. |
| How? | All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons DiversyFund chooses to share; and whether you can limit this sharing. |
| Reasons we can share your personal information | Does DiversyFund share? | Can you limit this sharing? |
| For our everyday business purposes —
such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus |
Yes | No |
| For our marketing purposes —
to offer our products and services to you |
Yes | No |
| For joint marketing with other financial companies | No | We don’t share |
| For our affiliates’ everyday business purposes — information about your transactions and experiences | Yes | No |
| For our affiliates’ everyday business purposes — information about your creditworthiness | No | We don’t share |
| For our affiliates to market to you | No | We don’t share |
| For nonaffiliates to market to you | No | We don’t share |
| Questions? | Email [email protected] or go to www.diversyfund.com |
| Who is providing this notice? | This notice is being provided on behalf of DiversyFund, Inc. and its affiliated companies. |
| How does DiversyFund
protect my personal information? |
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. |
| How does DiversyFund
collect my personal information? |
We collect your personal information, for example, when you
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. |
| Why can’t I limit all sharing? | Federal law gives you the right to limit only
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. |
| Affiliates | Companies related by common ownership or control. They can be financial and nonfinancial companies.
|
| Nonaffiliates | Companies not related by common ownership or control. They can be financial and nonfinancial companies.
|
| Joint marketing | A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
|
| Other important information |
| California Residents Only: Under California law, we will not share information we collect about you with nonaffiliates unless the law allows. For example, we may share information with your consent, to service your accounts. We will limit sharing among our affiliates to the extent required by California law. |