PRIVACY POLICY

This privacy policy (the "Privacy Policy"), which constitutes a legal agreement between you, as the user of the Website, and InCrowd Capital Limited, as the owner of the Website, explains how we use information we collect from you when you use our Website.

We keep our Privacy Policy under regular review. Any updates will be posted on this Website and, where appropriate, notified to you by e-mail. This is version 1.2 of the Privacy Policy.

References in this Privacy Policy to “you” are to you and to “we”, “us” or “adultXfunding” are to InCrowd Capital Limited.

If you have privacy questions which are not answered by this Privacy Policy or any other queries about how we use your information, please contact us at info@adultxfunding.com.

In addition to these terms, our Website Terms of Use and our Cookie Policy applies to your use of the Website. We refer to the Website Terms of Use. Privacy Policy and Cookie Policy together as the "Website Agreements".

1. What information we collect

1.1 Information provided by you

We collect information about you (such as your name, address and e-mail address) when you register with our Website, subscribe to services offered on it, post materials or, in the case of investee companies, information about your business. We also collect information whenever you choose to provide it in order to use features on our Website such as completing customer surveys and providing feedback.

1.2 Records of website use

Our website server automatically records information that your browser sends whenever you visit a page on our website, such as your IP address; details of the web browser and operating system that you are using; the date and time of your request; the specific page requested and how you arrived at that page (e.g. the search term used to find the page or link clicked to access it). This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

2. How we use your information

We collect information about you for the purposes described in this Privacy Policy, including:-

2.1 Managing your account.

2.2 Allowing you to participate in interactive features of our website, when you chose to do so.

2.3 To conduct required anti-money laundering checks on you in connection with certain transactions you may conduct via the Website.

2.4 In the case of entrepreneurs seeking capital, to verify and approve the disclosures you make to potential investors.

2.5 To monitor, improve and administer the Website and the services provided on the Website.

2.6 To enable us to conduct surveys and aggregate User profiles.

2.7 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).

2.8 To enable us to comply with our legal and regulatory obligations.

2.9 To contact you to ensure customer satisfaction in respect of our role as a site provider and assist you in getting the best value from our service.

3. Debt Funder and/or Investor specific information

If you are applying to be a member of adultXfunding as a debt funder and/or investor then this section 3 explains the type of personal information we collect about you and how we may store, use and disclose your information.

3.1 The personal information we collect about you

(a) When you access, browse the Website (including when you submit personal information to us through data entry fields on the Website) or apply to be a member of adultXfunding as a debt funder and/or investor, and whilst you continue to be a member of adultXfunding, we will collect information from you, which will include (without limitation) the following information:

(i) your name;

(ii) your current and previous postal addresses;

(iii) your phone, fax and e-mail details;

(iv) your bank or building society account details and details of debit cards used to make transfers on adultXfunding;

(v) your date of birth;

(vi) your passwords and security question answers;

(vii) comments you make on blogs and discussion forums on the Website;

(viii) correspondence with us by email and post;

(ix) answers to questions required by Experian for identification purposes (although these answers and questions will be deleted by adultXfunding); and

(x) data about your activities using adultXfunding.

(b) If you give us false or inaccurate information and we suspect or identify fraud, we will record this.

(c) If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies.

Law enforcement agencies may access and use this information.

We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:

  • checking details on applications for credit and credit related or other facilities
  • managing credit and credit related accounts or facilities
  • recovering debt
  • checking details on proposals and claims for all types of insurance
  • checking details of job applicants and employees

Please contact us using the details provided above if you want to receive details of the relevant fraud prevention agencies.

We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.

(d) We may also collect anonymised details about visitors to the Website for the purposes of aggregate statistics or reporting purposes and to calculate referral fees. However, no single individual will be identifiable from the anonymised details we collect or disclose for these purposes.

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3.2 How we may store, use and disclose your information

(a) We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information for the following purposes:

(i) to verify your identity in order to prevent and detect crime and money laundering, including by using scoring methods;

(ii) to manage your adultXfunding lender account with us and update the records we hold about you from time to time;

(iii) to identify fraud;

(iv) to carry out statistical analysis and market research;

(v) to carry out regulatory checks;

(vi) to develop and improve our services and products;

(vii) to make this Website available to you and to identify the products and services which you may be interested in;

(viii) where you have given us your consent, to contact you (including by SMS and e-mail) with products and services which we think may interest you; and

(ix) where you have given us your consent, to disclose your personal information to carefully chosen third parties so that they may contact you (including by SMS and e-mail) with products and services which they think may interest you.

(b) Any or all of the processes above may be automated.

(c) We may disclose your personal information as follows:

(i) to other members of adultXfunding if required to enforce any Debt Security Instrument and/or Investment Agreement. If we provide you with information about other adultXfunding members for this purpose then you must only use it to communicate with us about your Debt Security Instrument;

(ii) to a third party if it acquires all (or substantially all) of our business and/or assets in connection with the acquisition; and

(iii) where we are required to do so by applicable law or regulatory obligation, by a governmental body or by a law enforcement agency (including, without limitation, exchanging information with other organisations to help prevent the risk of fraud or credit risk); to enforce our Website Terms of Use, or to protect the rights of adultXfunding or users of the Website.

(iv) to any agent appointed by adultXfunding or any asset financier for the purpose of debt collection or setting up a secured loan or asset finance product and/or enforcing a secured loan.

(v) to any member of the adultXfunding Group for the purposes of providing and administering the adultXfunding Website and services.

(d) We may provide our marketing consultants with aggregate information about our users, although we will not provide them with information about individuals. We may also provide aggregated and statistical information to third parties involved in maintaining or developing our Website; or

(e) In the event of a sale or proposed sale of the company adultXfunding or its business; or

(f) We will also provide transactional information to other members of adultXfunding but this information will not include your postal address or payment details. Your full name will be used in the Key Contract Terms. We are not responsible for misuse of this transactional information by adultXfunding members but you should let us know about any misuse of such information.

(g) Details of the businesses/investee companies' accounts and how they are managed will be shared with a credit reference agency. Further details of how their information is used are outlined in the borrower/investee company specific section of this privacy policy.

(h) We will not disclose, sell or rent your personal information to any third party unless you have consented to this. If you do consent but later change your mind, you may contact us and we will cease any such activity.

4. Business/Investee Company specific information

If you are applying to be a member of adultXfunding as a business seeking debt funding and/or investee company then this section 4 explains the type of personal information we collect about you and how we may store, use and disclose your information.

4.1 The personal information we collect about you

(a) When you access, browse the Website (including when you submit personal information to us through data entry fields on the Website) or apply to be a member of adultXfunding as a borrower and/or investee company and whilst you continue to be a member of adultXfunding, we will collect information from you, which will include (without limitation) the following information:

(i) your name and your business name;

(ii) your current and previous home postal addresses;

(iii) your business postal address;

(iv) your business phone, fax and e-mail details;

(v) your business bank or building society account details and details of debit cards used to make payments on adultXfunding;

(vi) your date of birth;

(vii) your passwords and security question answers;

(viii) comments you make on blogs and discussion forums on the Website;

(ix) correspondence with us by email and post;

(x) answers to questions required by Experian for identification purposes (although these answers and questions will be deleted by adultXfunding);

(xi) information provided in your application form; and

(xii) data about your activities using adultXfunding.

(b) If you give us false or inaccurate information, either directly or through an agent, and we suspect or identify fraud, we will record this.

(c) If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies.

  • Law enforcement agencies may access and use this information.
  • We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when:
  • checking details on applications for credit and credit related or other facilities
  • managing credit and credit related accounts or facilities
  • recovering debt
  • checking details on proposals and claims for all types of insurance
  • checking details of job applicants and employees

Please contact us using the details provided above if you want to receive details of the relevant fraud prevention agencies.

We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.

(d) We may also collect anonymised details about visitors to the Website for the purposes of aggregate statistics or reporting purposes and to calculate referral fees. However, no single individual will be identifiable from the anonymised details we collect or disclose for these purposes.

(e) We will check information about you held on our own records and also obtain information from credit reference agencies about you and your business partners' personal credit behaviour and personal credit accounts if you are proprietors of a small business and are directors of that business, your business accounts, identity information on beneficial owners of the business, your personal financial partner's personal accounts (if they are a director). If you are a director, we will seek confirmation that the residential address you provide is the same as that shown on the restricted register of directors' usual address at Companies House.

(f) We will also search at fraud prevention agencies for information on your business, you, your personal financial partner (if they are a director), your business partners, beneficial owners and your addresses.

4.2 How we may store, use and disclose your information

(a) We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information for the following purposes:

(i) to assess your application for credit, including by using scoring methods;

(ii) to check details on applications for credit and credit related and other facilities;

(iii) to verify your identity in order to prevent and detect crime and money laundering, including by using scoring methods;

(iv) to manage your adultXfunding account with us and update the records we hold about you from time to time;

(v) to identify fraud;

(vi) if you do not repay money you have borrowed, to trace your whereabouts and recover debts or enforce a Debt Security Instrument;

(vii) to carry out statistical analysis and market research;

(viii) to carry out regulatory checks;

(ix) to develop and improve our services and products;

(x) to make this Website available to you and to identify the products and services which you may be interested in;

(xi) where you have given us your consent, to contact you (including by SMS and e-mail) with products and services which we think may interest you; and

(xii) where you have given us your consent, to disclose your personal information to carefully chosen third parties so that they may contact you (including by SMS and e-mail) with products and services which they think may interest you.

(b) Any or all of the processes above may be automated.

(c) We may disclose your personal information as follows:

(i) to credit reference agencies who will record information about your application, your business, you and your business partners. For the avoidance of doubt we will not disclose any management account information you supply to us to credit reference agencies;

(ii) to credit reference and fraud prevention agencies, where it will be recorded by them, and supplied to other organisations to perform similar checks, trace your whereabouts and recover debts you owe;

(iii) we may provide information about your debt fundings at adultXfunding and how you manage them to credit reference agencies, where it will be recorded by them but we will not disclose information on your other debts outstanding that has been provided to us from credit reference agencies;

(iv) we may provide information about other debts outstanding with adultXfunding lenders;

(v) to and via an organisation which provides a centralised matching service which it collects from mortgage and/or credit applications, for the purpose of preventing and detecting fraud;

(vi) if you consent, to a reputable, licensed credit broker in the event that you apply to borrow money using adultXfunding and your application is declined or the debt funding monies are otherwise unavailable and we reasonably believe that the credit broker may be able to help you obtain a loan;

(vii) to other members of adultXfunding if required to enforce any Debt Security Instrument and/or Investment Agreement terms. If we provide you with information about other adultXfunding members for this purpose then you must only use it to communicate with us about your Debt Security Instrument;

(viii) to other members of adultXfunding if required to enforce any Loan Agreement and/or Investment Agreement terms. If we provide you with information about other adultXfunding members for this purpose then you must only use it to communicate with us about your Loan Contract;

(ix) where we are required to do so by applicable law or regulatory obligation, by a governmental body or by a law enforcement agency (including, without limitation, exchanging information with other organisations to help prevent the risk of fraud or credit risk); to enforce our Website Terms of Use, or to protect the rights of adultXfunding or users of the Website.

(x) We may provide our marketing consultants with aggregate information about our users, although we will not provide them with information about individuals. We may also provide aggregated and statistical information to third parties involved in maintaining or developing our Website; or

(xi) In the event of a sale or proposed sale of the company adultXfunding or its business; or

(xii) to any agent appointed by adultXfunding or any asset financier for the purpose of debt collection, setting up a secured loan or asset finance product and/or enforcing a secured loan.

(xiii) to any member of the adultXfunding Group for the purposes of providing and administering the adultXfunding platform and services.

(d) We will also provide transactional information to other members of adultXfunding but this information will not include your postal address or payment details. The name of your business will be used in the Key Debt Provision Terms. We are not responsible for misuse of this transactional information by adultXfunding members but you should let us know about any misuse of such information.

(e) We will not provide the following information to other adultXfunding members:

(i) addresses and personal details of directors;

(ii) ownership of different shareholders;

(iii) employee details;

(iv) contact numbers or email addresses of the business; and

(v) any other data used in the verification of the directors.

(f) You may decide to reveal your identity in order to secure lower cost finance, or to provide personal information to prospective lenders on your loan request page. Please be aware that this information is available online to other users and therefore we have no control or responsibility for the ways that others members of adultXfunding may use that information. If you ask us, we will remove this personal information as soon as possible.

(g) We will not disclose, sell or rent your personal information to any third party unless you have consented to this. If you do consent but later change your mind, you may contact us and we will cease any such activity.

4.3 What Credit Reference and Fraud Prevention Agencies do

(a) When credit reference agencies receive a search from us they will:

(i) place a credit search “footprint” on your company credit file whether or not your application proceeds. If the search was for a credit application the record of that search (but not the name of the organisation that carried it out) may be seen by other organisations when your business applies for credit in the future;

(ii) place an enquiry search on the personal credit files of any director/owner or partner that have been searched. Place an associate enquiry search on your personal financial partner’s credit file, if that is checked, if they are a director. These enquiry searches will not be seen by other organisations if any director/owner or partner applies for credit in the future;

(iii) link together the previous and subsequent names advised by you, of anyone that is a party to the account;

(iv) place an enquiry or identification search on the record of any shareholder who is a beneficial owner and who we have checked;

(v) create a record of the name and address of your business and its proprietors if there is not one already.

(b) Credit reference agencies supply the following information to us:

(i) information about your business or company, such as previous applications for credit and the conduct of the accounts and also similar personal credit information in your name and of your business partners;

(ii) public information such as County Court Judgments (CCJs) or Sheriff Court Judgments and bankruptcies;

(iii) electoral register information on you and your business partners;

(iv) fraud prevention information; and

(v) confirmation or otherwise that the usual residential addresses supplied by directors match those on the restricted register held at Companies House (or for those directors’ addresses registered under section 243 of the Companies Act, that the usual residential addresses supplied by directors match those on the credit reference agency’s proprietary business directory).

(c) Credit reference agencies will keep records of outstanding debt on file for six years after they are closed, whether settled by you or defaulted.

(d) Your information will not be used by credit reference agencies to create a blacklist or to make a decision.

(e) The information which we and other organisations provide to the credit reference agencies and fraud prevention agencies about you, your business partners and details about your business may be supplied by credit reference agencies and fraud prevention agencies to other organisations and used by them to:

(i) prevent crime, fraud and money laundering by, for example checking details provided on applications for credit and credit related or other facilities;

(ii) check the operation of credit and credit-related accounts;

(iii) verify your identity if you or your business partner(s) applies for other facilities;

(iv) make decisions on credit and credit related services about you and/or your business partner, or your business;

(v) manage your personal, your business partner’s and/or business credit or credit related account(s);

(vi) trace your whereabouts and recover debts that you owe;

(vii) conduct other checks to prevent or detect fraud; and

(f) undertake statistical analysis and system testing.

Organisations may access and use from other countries the information recorded by fraud prevention agencies.

4.4 How we may store, use and disclose information provided to us about third parties

We may use information you or your agent provide to us about directors/business partners and shareholders of your business to verify their identity. We may also disclose information about your business partners and shareholders to credit reference agencies so you must be sure that you have their agreement to do this. Information on shareholders who are beneficial owners will be used and supplied to others only for the purpose of the performance of identity checks and with their specific consent.

5. Changes of Business Ownership and Control

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 information 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.

6. Security of Your Personal Information

We endeavour to take all reasonable steps to protect your personal information, including the use of encryption technology. However, we cannot guarantee the security of any personal information you disclose online. In using the Website, you accept the inherent security risks of engaging in transactions online over the Internet, and you agree that you will not hold us responsible for any breach of security unless we have been grossly negligent.

7. Your rights

You have a right to access the personal information that we hold about you. If you would like a copy of some or all of your personal information, please email us at info@adultxfunding.com or write to us at the address given below. We may make a small charge for this service.

We want to make sure that your personal information is accurate and up to date. In addition to the facilities available on our Website which allow us to amend and update details relating to your account, you may ask us to correct or remove information you think is inaccurate. It is your responsibility to ensure that your personal information remains accurate and to notify us if there are any changes in your personal information.

8. Other websites

Our Website may contain links to other websites. This privacy policy only applies to this Website, so when you access other websites via our links you do so at your own risk and may be subject to other privacy policies and terms of use.

9. Communications between You and adultXfunding

We may intercept, record and/or monitor any communication(s) (including telephone calls or other electronic communications) between you and us. We may do so in order to resolve queries in the future and for the purposes of ensuring security, staff training and complying with our regulatory and legal responsibilities.

In the case of communications by email you should note that, as emails are not encrypted (and may therefore be intercepted by third parties) and as the identity of the sender cannot be confirmed, you must NOT provide your security details by email and should avoid providing any personal information to us by email.

10. Our details

www.adultxfunding.com is a website owned and operated by, and is a trade name of, InCrowd Capital Limited. 

InCrowd Capital Limited .
Registered Office: International House, 24 Holborn Viaduct, London EC1A 2BN
Company number: 10043522

11. Severability

We have made every effort to ensure that this Privacy Policy adheres strictly with the relevant provisions of the Data Protection Act 1998 and other applicable laws. However, in the event that any of these provisions are found to be unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from this Privacy Policy and shall not affect the validity and enforceability of the rest of the Privacy Policy. This clause 11 on "Severability" shall apply only within jurisdictions where a particular term is illegal.

12. No Waiver

In the event that either you or we fail to exercise any right or remedy contained in this Privacy Policy, that does not mean you or we (as applicable) have waived that right or remedy and so shall not be construed as a waiver.

13. Revisions

From time to time we may update this Privacy Policy to take account of changes in the law or for any other reason. If we update this Privacy Policy, we will post a new version on the Website, and as soon as you use the Website after they are posted, you will be deemed to have agreed to the updated version, but you will still be bound by the terms of any previous versions to which you have agreed or been deemed to agree. If there is a conflict between two versions of the Privacy Policy to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise.

14. Relationship to Other Agreements

During the course of your use of the Website, you may choose to agree to be bound by certain other agreements: for example, if you wish to join adultXfunding as a member, you will need to agree to a Membership Agreement, and if you wish to invest in or lend to a business through adultXfunding, you will need to agree to the relevant Investment Agreement or Debt Securities Instrument. We refer to all of these other agreements as the "Substantive Agreements", because rather than just governing your technical use of the Website, they set out the substantive terms that govern your relationship with us when you make use of our platform.

The Website Agreements will continue to apply to you even after you have agreed to a Substantive Agreement. However, if it turns out that there is a conflict between the Website Agreements and a Substantive Agreement that you agree to, the Substantive Agreement will take precedence.

15. Communications

If you wish to communicate with us about anything related to this Privacy Policy, you may do so by sending a letter by first-class or registered post to our Data Protection Officer at the address given in paragraph 12.

16. Choice of Law

This Privacy Policy shall be governed by and construed in accordance with the laws of England & Wales.

17. Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of England & Wales. This means that if you want to bring a legal action against us, or we want to bring a legal action against you, it must be done in one of these courts.

18. Definitions

Certain terms used in this Agreement have been capitalised. If the definition has not been set out when the term is first used, it shall bear the meaning below.

  • Website Terms of Use means the terms of use of the Website, available at Website Terms of Use;
  • adultXfunding means InCrowd Capital Limited, a private limited company registered in England under registration number 10043522;
  • Debt Security Agreement means the agreement between a debt provider and a business comprising our standard Debt Conditions and Key Debt Terms;
  • Investment Agreement means the agreement between an investor and an investee company for the purchase of shares in the investee company by the investor together with other investors;
  • Subsidiary means any subsidiary company within the meaning of section 1159 of the Companies Act 2006 or any subsidiary undertaking within the meaning of section 1162 of the Companies Act 2006; and
  • Website means the website that you are currently using (www.adultxfunding.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

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