Rocco Forino Capital and OZ Deal Flow Privacy Policy

Last Updated: May 29th, 2019

TABLE OF CONTENTS:

  1. INTRODUCTION
  2. INFORMATION WE COLLECT
  3. HOW WE USE THE INFORMATION WE COLLECT
  4. SHARING & DISCLOSURE
  5. OTHER IMPORTANT INFORMATION
  6. YOUR RIGHTS
  7. SECURITY
  8. CHANGES TO THIS PRIVACY POLICY
  9. CONTACT US

1. INTRODUCTION

Thank you for using Rocco Forino Capital and OZ Deal Flow! Your trust is important to us and we’re committed to protecting the privacy and security of your personal information. The information that’s shared with us helps us to provide a great experience with OZ Deal Flow. We have a dedicated privacy team that’s committed to protecting all the personal information we collect and help ensure that personal information is handled properly worldwide.

This Privacy Policy describes how we collect, use, process, and disclose your business information, in conjunction with your access to and use of the OZ Deal Flow Platform and the Payment Services. This privacy policy describes our privacy practices for all websites, platforms and services that link to it. Please read the privacy policy on the applicable site.

1.1 Definitions

If you see an undefined term in this Privacy Policy (such as “Listing” or “OZ Deal Flow Platform”), it has the same definition as in our Terms of Service (“Terms”).

1.2 Data Controller

When this policy mentions “Rocco Forino Capital,” “OZ Deal Flow,” “we,” “us,” or “our,” it refers to the OZ Deal Flow company that is responsible for your information under this Privacy Policy (the “Data Controller”).

  • If your country of residence is the United States, the Data Controller is OZ Deal Flow LLC.

2. INFORMATION WE COLLECT

There are three general categories of information we collect.

2.1 Information You Give to Us.

2.1.1 Information that is necessary for the use of the OZ Deal Flow Platform.

We ask for and collect the following personal or business information about you when you use the OZ Deal Flow Platform. This information is necessary for the adequate performance of communications between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.

  • Account Information. When you sign up for an OZ Deal Flow Account, we require certain information such as your first name, last name,  and email address..
  • Profile and Listing Information. To use certain features of the OZ Deal Flow Platform (such as booking or creating a Listing), we may ask you to provide additional information, which may include your address, phone number, and a profile picture.
  • Identity Verification Information. To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information.
  • Payment Information. To use certain features of the OZ Deal Flow Platform (such as creating a Listing), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments (via OZ Deal Flow Payments).
  • Communications with OZ Deal Flow and other Members. When you communicate with OZ Deal Flow or use the OZ Deal Flow Platform to communicate with other Members, we collect information about your communication and any information you choose to provide.

2.1.2 Information you choose to give us.

You may choose to provide us with additional personal information in order to obtain a better user experience when using the OZ Deal Flow Platform. This additional information will be processed based on our legitimate interest or when applicable, your consent.

  • Additional Profile Information. You may choose to provide additional information as part of your OZ Deal Flow profile (such as gender, preferred language(s), city, and a personal description). Some of this information as indicated in your Account settings is part of your public profile page, and will be publicly visible to others.
  • Other Information. You may otherwise choose to provide us information when you fill in a form, update or add information to your OZ Deal Flow Account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team, share your experience with us (such as through Stories and Live events), or use other features of the OZ Deal Flow Platform.

When you use the OZ Deal Flow Platform, we automatically collect personal information about the services you use and how you use them. This information is necessary for the adequate performance of the platform between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the OZ Deal Flow Platform.

  • Geo-location Information. When you use certain features of the OZ Deal Flow Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. OZ Deal Flow may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
  • Usage Information. We collect information about your interactions with the OZ Deal Flow Platform such as the pages or content you view, your searches for Listings, you have made, and other actions on the OZ Deal Flow Platform.
  • Log Data and Device Information. We automatically collect log data and device information when you access and use the OZ Deal Flow Platform, even if you have not created an OZ Deal Flow Account or logged in. That information includes, among other things: details about how you’ve used the OZ Deal Flow Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed are engaged with before or after using the OZ Deal Flow Platform.
  • Cookies and Similar Technologies. We use cookies and other similar technologies when you use our platform, use our mobile app, or engage with our online ads or email communications. We may collect certain information by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers. In many cases the information we collect using cookies and other tools is only used in a non-identifiable without reference to personal information. For example, we may use information we collect to better understand website traffic patterns and to optimize our website experience. In some cases, we associate the information we collect using cookies and other technology with your personal information. Our business partners may also use these tracking technologies on the OZ Deal Flow Platform or engage others to track your behavior on our behalf.
  • Pixels and SDKs. Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from our websites and elsewhere on the internet and use that information to provide measurement services and target ads. For apps, that third parties, including Facebook, may collect or receive information from your app and other apps and use that information to provide measurement services and targeted ads. Users can opt-out of the collection and use of information for ad targeting by updating their Facebook account ad settings and by contacting opt-out@OZDealFlow.com with a description of your request and validation information.
  • Do Not Track Signals. While you may disable the usage of cookies through your browser settings, the OZ Deal Flow Platform currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted.
  • Payment Transaction Information. OZ Deal Flow Payments collects information related to your payment transactions through our payment service provider Stripe, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details.

2.1.5 Information We Collect from Third Parties.

OZ Deal Flow may collect information, including personal information, that others provide about you when they use the OZ Deal Flow Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the OZ Deal Flow Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your Personal Information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

  • Third Party Services. If you link, connect, or login to your OZ Deal Flow Account with a third party service (e.g. Google, Facebook, Linkedin), the third party service may send us information such as your registration, friends list, and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
  • Your References. If someone has written a reference for you, it will be published on your OZ Deal Flow public profile page with your consent.
  • Referrals. If you are invited to OZ Deal Flow, the person who invited you may submit personal information about you such as your email address or other contact information.
  • Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the OZ Deal Flow Platform through partnerships, or about your experiences and interactions from our partner ad networks.

3. HOW WE USE INFORMATION WE COLLECT

We may use, store, and process personal information to (1) provide, understand, improve, and develop the OZ Deal Flow Platform, (2) create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with OZ Deal Flow Policies) and (3) provide, personalize, measure, and improve our advertising and marketing.

3.1 Provide, Improve, and Develop the OZ Deal Flow Platform. We may use the personal information to provide, improve, and develop the OZ Deal Flow Platform such as to:

  • enable you to access and use the OZ Deal Flow Platform,
  • enable you to communicate with other Members,
  • operate, protect, improve, and optimize the OZ Deal Flow Platform and experience, such as by performing analytics and conducting research,
  • provide customer service,
  • send you service or support messages, updates, security alerts, and account notifications,
  • if you provide us with your contacts’ information, we may process this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection,
  • to operate, protect, improve, and optimize the OZ Deal Flow Platform and experience, and personalize and customize your experience (such as making Listing suggestions, ranking search results), we conduct profiling based on your interactions with the OZ Deal Flow Platform, your search history, your profile information and preferences, and other content you submit to the OZ Deal Flow Platform, and
  • enable your use of our enterprise products.

We process this personal information for these purposes given our legitimate interest in improving the OZ Deal Flow Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.

3.2 Create and Maintain a Trusted and Safer Environment. We may use the personal information to create and maintain a trusted and safer environment such as to:

  • detect and prevent fraud, spam, abuse, security incidents, and other harmful activity,
  • verify or authenticate information or identifications provided by you (such as to verify investment locations and addresses or compare your identification photo to another photo you provide),
  • conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required,
  • comply with our legal obligations,
  • Resolve any disputes with any of our Members and enforce our agreements with third parties,
  • enforce our Terms of Service and other policies, and
  • in connection with the activities above, we may conduct profiling based on your interactions with the OZ Deal Flow Platform, your profile information and other content you submit to the OZ Deal Flow Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the OZ Deal Flow Platform if such processes detect activity that we think poses a safety or other risk to the OZ Deal Flow Platform, our community, or third parties. If you challenge the decisioning based on the automated process, please contact us as provided in the Contact Us section below.

We process this personal information for these purposes given our legitimate interest in protecting the OZ Deal Flow Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.

3.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing. We may use the personal or business information to provide, personalize, measure, and improve our advertising and marketing such as to:

  • send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about OZ Deal Flow or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google),
  • personalize, measure, and improve our advertising,
  • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by OZ Deal Flow or its third party partners,
  • conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the OZ Deal Flow Platform, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you,
  • enrolling in an email subscription will not affect the frequency of administrative emails that we may send in connection with any OZ Deal Flow Account. No fee is charged for sending promotional emails to you, but third-party data rates may apply. Note that you may not be able to take advantage of certain promotions if you do not have an OZ Deal Flow Account, and
  • invite you to events and relevant opportunities (for example, when you share your investment story, we may use the information provided to reach out to you to invite you to relevant events).

We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.

3.4 How the Payments Data Controller uses the Personal Information Collected. We may use the personal information as a part of Payment services such as to:

  • Detect and prevent fraud, abuse, security incidents, and other harmful activity.
  • Conduct security investigations and risk assessments.
  • Conduct checks against databases and other information sources.
  • Comply with legal obligations (such as anti-money laundering regulations).
  • Enforce the Payment Terms and other payment policies.
  • With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.

3.5 SMS Terms for U.S.

For text messaging in the United States, by requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opting In”) or using a OZ Deal Flow arrangement in which OZ Deal Flow sends (or indicates that it may send, or receives a request that it send) one or more text messages (“Text Message Service”), you accept these SMS Terms for U.S. (“SMS Terms”), consent to the handling of your personal information as described in the OZ Deal Flow Privacy Policy, and agree to resolve disputes with OZ Deal Flow as described in our Terms of Service. Message and data rates may apply.

OZ Deal Flow will use reasonable commercial efforts to deliver the automated marketing text messages to the number you provide through compatible wireless carriers. Carriers and OZ Deal Flow are not liable for delayed or undelivered messages. The short code we use for some Text Message Services may not be supported on all U.S. carriers.

Opting In

By Opting In to a Text Message Service:

  • You expressly authorize OZ Deal Flow to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for your account). You also authorize OZ Deal Flow to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchase.
  • You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us via the methods described in the Contact Us section. To view and retain an electronic copy of these SMS Terms or the rest of your Opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. If you withdraw your consent, certain features of our service may not be available to you. To update information on how we would contact you electronically, visit your Notification settings in your account settings.
  • You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
  • You consent to the use of an electronic record to document your Opt-In.

After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.

About the Text Message Services and Opting Out

Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. OZ Deal Flow may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. Text STOP to any promotional message to Opt Out or if applicable update your “Notification” settings on your OZ Deal Flow account.

For additional help, text HELP in response to a marketing message or contact customer service.

3.6 Your Choices

You have choices on the promotional messages that you choose to receive.

  • You can limit the information you provide to OZ Deal Flow. Participation in promotions and marketing programs is voluntary.
  • You can limit the communications that OZ Deal Flow sends to you.
    • To opt-out of marketing emails, simply click the link labeled “unsubscribe” at the bottom of any marketing email we send you or access the notification settings in your OZ Deal Flow Account.
    • To revoke permissions that you may have given to send promotional text messages, text STOP in response to any message.
    • You can always update your notification settings within your OZ Deal Flow Account by visiting the Notifications section of your OZ Deal Flow Account. Please note that even if you opt-out of marketing communications, we may still need to contact you with important transactional information about your account. For example, even if you opt-out of emails, we may still send you activity confirmations or fraud alerts.

4. SHARING & DISCLOSURE

4.1 Advertising and Social Media; Sharing With Your Consent.

Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your OZ Deal Flow Account or when you participate in promotional activities conducted by OZ Deal Flow partners or third parties.

Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the OZ Deal Flow Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.

The social media platforms with which we may share your personal information are not controlled or supervised by OZ Deal Flow. Therefore, any questions regarding how your social media platform service provider processes your personal information should be directed to such provider.

Please note that you may, at any time ask OZ Deal Flow to cease processing your data for these direct marketing purposes by sending an e-mail to opt-out@OZDealFlow.com.

4.2 Sharing between Members.

To help facilitate interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:

  • When you as an Investor share certain information about you is shared with the Investment Entity (if applicable), including your profile, full name, the full name of and other information you agree to share.
  • When you as an Investment Entity (if applicable) have a business deal listing, certain information is shared with the Investor (and the additional Investors they may invite, if applicable)

We don’t share your billing and payout information with other Members.

4.3 Profiles, Listings, and other Public Information.

The OZ Deal Flow Platform lets you publish information, including personal information, that is visible to the general public. For example:

  • Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.
  • Listing pages are publicly visible and include information such as the Investment Opportunity or its approximate location (neighborhood and city) or precise location, Listing description, your public profile photo, aggregated demand information (like page views over a period of time), and any additional information you choose to share.
  • If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the OZ Deal Flow Platform, that content is publicly visible.

Based on our legitimate interest to promote the OZ Deal Flow Platform we may display parts of the OZ Deal Flow Platform (e.g., your Listing page) on sites operated by OZ Deal Flow’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.

Information you share publicly on the OZ Deal Flow Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.

4.5 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.

OZ Deal Flow may disclose your information, including personal information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against OZ Deal Flow, (iii) to respond to valid requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Members, or (v) to protect the rights, of OZ Deal Flow, its employees, its Members, or members of the public. For example, Investment Entity tax ID information may be shared with tax authorities or other governmental agencies.

These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person’s vital interests or for the purposes of our or a third party’s legitimate interest in keeping the OZ Deal Flow Platform secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud or preventing damage.

Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon OZ Deal Flow’s property, its Members and the OZ Deal Flow Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

4.6 Service Providers.

OZ Deal Flow uses a variety of third-party service providers to help us provide services related to the OZ Deal Flow Platform and the Payment Services. In particular, our service providers are based in Europe, India and North America.

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the OZ Deal Flow Services through third party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or payments services. These providers have limited access to your personal information to perform these tasks on our behalf, and are contractually bound to protect the personal information and only use the personal information in accordance with our instructions.

4.15 Aggregated Data.

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes.

5. OTHER IMPORTANT INFORMATION

5.1 Analyzing your Communications.

We may review, scan, or analyze your communications on the OZ Deal Flow Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your messaging communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.

These activities are carried out based on OZ Deal Flow’s legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.

5.2 Linking Third Party Accounts.

You may link your OZ Deal Flow Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.” When you create this link:

  • some of the information you provide to us from the linking of your accounts may be published on your OZ Deal Flow Account profile;
  • your activities on the OZ Deal Flow Platform may be displayed to your Friends on the OZ Deal Flow Platform and/or that third party site;
  • a link to your public profile on that third party social networking service may be included in your OZ Deal Flow public profile;
  • the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
  • the publication and display of information that you provide to OZ Deal Flow through this linkage is subject to your settings and authorizations on the OZ Deal Flow Platform and the third party site.

We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.

5.3 Third Party Partners & Integrations

The OZ Deal Flow Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). OZ Deal Flow doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, OZ Deal Flow, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

Parts of the OZ Deal Flow Platform may use third party services such as Google Maps/Earth services, including the Google Maps API(s), and Stripe for OZ Deal Flow Payments. Use of these respective services is subject to their privacy policies such as Google Maps/Earth Additional Terms of Use, and the Google Privacy PolicyStripe Privacy Policy.

6. YOUR RIGHTS

You may exercise any of the rights described in this section before your applicable OZ Deal Flow Data Controller and Payments Data Controller by sending an email to info@rocforcap.com. Please note that we may ask you to verify your identity and request before taking further action on your request.

6.1 Managing Your Information.

You may access and update some of your information through your Account settings. If you have chosen to connect your OZ Deal Flow Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.

6.2 Rectification of Inaccurate or Incomplete Information.

You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your OZ Deal Flow Account).