Capital Engine® Powering Online Capital Markets

Our terms of service

By using our services, you are agreeing to these terms of service. Please read them carefully.

Introduction

Capital Engine Inc. ("Capital Engine" or "company") is a financial technology company. Capital Engine is not licensed by or registered with the U.S. Securities and Exchange Commission, FINRA, or any other financial services regulator. Specifically, Capital Engine is not a FINRA registered Broker Dealer and does not offer or sell securities, or engage in any other Broker Dealer activity.

Nothing in this site constitutes an offer, distribution, solicitation, or marketing of any security. Capital Engine is not an exchange, alternative trading system, escrow agent or transfer agent. Capital Engine does not provide legal, accounting, tax, or regulatory advice, or hold custody of any cash, virtual currency, security token or other digital asset for or on behalf of any third party.

Children Under 18

To be a user of the Capital Engine investor community, you must be 18 years of age or older. Children under the age of 18 are not eligible to participate on this site.

We Collect Information About Our Investors

We collect personal and financial information about you that you provide while you use the site.  We collect most of this information during the registration process.  There is some information that users are required to provide and other information that they provide voluntarily. We will keep this information private.

Additional information may be gathered during your subsequent use of the site, whenever you choose to provide it.  We also store information about your investment profile and investment history.

Certain personal information must be supplied during the investor registration processes, as indicated below, in order to (a) enable registered users to login to the site, (b) determine investors’ eligibility as an accredited investor, (c) verify investors’ identities, (d) establish investors’ ability to invest in any investments, and (e) guard against potential fraud.  This basic personal information includes:

  • Your name (user registration).
  • Your email address (user registration).
  • Your date of birth (user registration).
  • Your home address and telephone number (user registration).
  • Proof of ID and address.

Credit card details

When you register as an investor, we will request the basic personal information and additional optional information in order to facilitate such activities as:

Generating a public investor profile on the site

Enabling our financial department to implement fund transfers and the receipt of dividend payments.

Contacting you if there is a problem completing a transaction you requested or to discuss a problem with your account. Maintaining regular communications with you as may be necessary to execute transactions you request, such as transferring funds.

In addition, we gather names and email addresses of people who contact us through our site with questions about our company or investing operations.  We collect this information for the sole purpose of responding to such inquiries.

Finally, we collect information about your computer and your visits to our site, such as your IP address, geographical location, browser type, referral source, length of visit, and page views through the use of log files.  

We use this aggregated information in the administration of our site to improve its usability and to evaluate the success of particular marketing/advertising campaigns, search engine optimization strategies and other marketing activities.  

We use non-identifying and aggregated information to help optimize our site based on the needs of our users.  No personal or personally identifiable information about any individual user is collected.

We retain this information to satisfy legal requirements such as recordkeeping and tax and credit reporting requirements, as well as for purposes of fraud prevention, audit and data integrity.

Communications From Us

When you register on our site you will receive emails that confirm specific actions you requested.  These notifications are typically sent to notify you of a change in status, or for legal or security purposes. For example, you will receive notifications confirming your registration, the successful verification of email addresses and bank accounts, and the successful submission of investment orders; you will receive notifications regarding certain changes to legal agreements and privacy disclosures; and you will receive progress updates on the status of investment orders. 

These are transactional notifications that you generally cannot opt out of receiving.  We may also send you responses to emails you send us, if appropriate or applicable.

From time to time, we will also send user surveys, requests for user feedback regarding user experience and site operations, newsletters, event notifications, group leader notifications, or marketing offers from us or from us on behalf of our marketing partners.  

How and When Your Information Is Shared With Other Parties

Information is shared with other parties in the following ways:

Required and optional information about investors is displayed on public profiles that users can update at any time; certain information is optional and you can choose not to supply it and/or can remove the optional information at any time.

Information is shared directly between users and/or potential users.  Information shared directly by users and/or potential users might contain personally identifiable information.

Information may be shared to meet any applicable law, regulation, legal process or enforceable governmental request, for the purposes of limiting fraud or in connection with the sale of Capital Engine to a third party.

Information may be shared with a number of trusted partners that perform vital functions as part of our operations.

Investors have public profiles on the site that display personal information that they have opted to include.  Finally, users creating blog/forum posts are identified by the names they choose to provide.  To protect investors’ privacy, however, the blog/forum posts do not track back to funding decisions, respectively.

Capital Engine is not responsible for any personal information that investors may choose to reveal about themselves in their screen names, loan requests, public profiles, or blog/forum posts.  Given the community nature of the investor site.

If you use our blog on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of this forum, and could be used to send you unsolicited messages.  We are not responsible for the personally identifiable information you choose to submit in this forum.

To request removal of your personal information from our blog or community forum, contact us at invest@capitalengine.io.  In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

We may share your information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud.  We reserve the right to disclose your personally identifiable information when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us.

Capital Engine works with a number of trusted partners that perform vital functions as part of our operations, including platform administrators, loan servicers, credit bureaus, electronic payment service providers, quality assurance agents, and companies that distribute our emails for us or collect survey information from our customers.

Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or to perform other specific services, like collections.  Our partners are legally required to keep your information private and secure.

Where You Can Find and/or Correct Your Information

You can access all of your personal and personally identifiable information that we collect online and maintain by logging in to your account and going to “My Account > Settings”.  This section of the site is password-protected to better safeguard your information. 

As a registered user, you can update your password, email address, secret question, screen name, physical address, phone numbers, bank account information, and user page at any time on the site, and if you need to change any other information in your profile or request that we delete/remove your information, you can contact us at invest@capitalengine.io.

To protect your privacy and security, please contact us at invest@capitalengine.io to make changes to your sensitive account information. We will retain and use your information as needed to provide you services, to comply with our legal obligations, to resolve disputes, to enforce our agreements or as otherwise required by law.

Web-related Information Collection

Cookies are small text files created by a site that store information on your computer, such as your preferences when visiting that site. Capital Engine uses cookies when you sign in, to keep track of your personal session, including some account identifiers so that we can ensure that you are the only person making changes to your account.

Cookies are also used to gather statistical data, such as which pages are visited, what is downloaded, the ISP’s domain name and country of origin, and the addresses of sites visited immediately before and after coming to our site, as well as your "click stream" activity (meaning, the paths taken by visitors to our site as they navigate from page to page) and transactional attributes in accordance with information you voluntarily submit in the course of using our site.

These anonymous data are aggregated for analysis to ensure proper functioning of our site, in terms of navigation and usability, as well as to evaluate the effectiveness of our marketing efforts. We also use cookies to track your activity on our site as a unique person.

We use session ID cookies to make it easier for you to navigate our site. Session ID cookies expire when you close your browser. We use a persistent cookie that remains on your hard drive for an extended period of time, so that we can recognize you when you return to our site.

You can remove persistent cookies by following directions provided in your Internet browser’s "help" file; however, because we use cookies for our sign-in functionality, if you choose to disable cookies you will not be able to log on to the Capital Engine site.  All of this information is stored in an encrypted fashion for security reasons, and no personal information about you is stored.

We use third-party tracking services (e.g., Google Analytics) that use cookies to track non-personally identifiable information about visitors to our site in the aggregate (such as page views and referral page information to track the success of our marketing efforts to bring people to our site as well as overall site performance). 

We also employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better understand user interaction with our site. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.

Links to Other Sites

We may offer links to partners’ sites. We make the decision to provide links to these sites based on the quality of information provided at the time the links are enabled, and we make every effort to monitor the continuing quality of content provided on these sites. However, these external sites are not subject to this privacy policy. Further, Capital Engine has no control over the content of these sites. Please consult the privacy policies on these sites before you provide them with any of your personal information.

Social Media Features

Our site includes social media features and widgets (“Features”), such as the Facebook Like button. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Features are either hosted by a third party or hosted directly on our site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Compliance With State and Federal Laws

This privacy policy may not constitute your entire set of privacy rights, as these may also vary from state to state. To be certain of your privacy rights, you may wish to contact the appropriate agency in your state that is charged with overseeing privacy rights of consumers.

Certain regulations issued by state and/or federal government agencies may require us to maintain and report demographic information on the collective activities of our usership. We may also be required to maintain your personal information for at least seven years in order to be in compliance with applicable federal and state laws regarding recordkeeping, reporting and audits.

Securities Products

Any securities offered on the site are suitable only for prospective investors who are familiar with and willing to accept the high risks associated with private investments, including the risk of complete loss of your investment. Securities are not publicly traded and, therefore, are illiquid.

Depending on the type of offering, securities will be subject to restrictions on resale or transfer including holding period requirements. Investing in private placements requires high risk tolerance, low liquidity need, and long-term commitments. users must be able to afford to lose their entire investment. Investment products are not FDIC insured, may lose value, and are not guaranteed by any bank or other person.

Any securities being offered have not been registered under the Securities Act, in reliance on the exemptions from registration described above, or under any state securities laws.  User's must read each issuer’s offering materials and transaction documents for more information and discuss any questions with each issuer directly prior to investing.

No assurance can be given that any offering currently qualifies or will continue to qualify under one or more of such exemptions due to, among other things, the adequacy of disclosure and the manner of distribution, the existence of similar offerings in the past or in the future, or a change of any securities law or regulation that has retroactive effect. 

No governmental agency has reviewed the offerings posted on this site and no state or federal agency has passed upon either the adequacy of the disclosure contained herein or the fairness of the terms of any offering. The exemptions relied upon for such offerings are significantly dependent upon the accuracy of the representations of the users to be made to the site and issuers on the site in connection with an offering.

In the event that any such representations prove to be untrue, the registration exemptions relied upon by an issuer in selling the securities might not be available and substantial liability to such issuer would result under applicable securities laws for rescission or damages. These risks are non-exhaustive and are intended to highlight certain risks associated with investing in securities that are not registered with the SEC. Capital Engine does not recommend or otherwise suggest that any investor make an investment in a particular offering.

WE STRONGLY ADVISE YOU TO CONSULT A LEGAL, TAX AND/OR FINANCIAL PROFESSIONAL BEFORE INVESTING, AND CAREFULLY REVIEW ALL THE SPECIFIC RISK DISCLOSURES PROVIDED AS PART OF ANY OFFERING MATERIALS AND ASK THE ISSUER ANY QUESTIONS YOU MAY HAVE OR REQUEST ADDITIONAL INFORMATION.

Regulation D Offerings

Rule 506 of Regulation D is a "safe harbor" for the private offering exemption of Section 4(a)(2) of the Securities Act. Companies relying on the Rule 506 exemption can raise an unlimited amount of money. There are three distinct exemptions that fall under Rule 506 but Capital Engine only offers 506(c) offerings.

Under Rule 506(c), a company can broadly solicit and generally advertise the offering, but still be deemed to be making a private offering under Section 4(a)(2) if: The investors in the offering are all accredited investors; and the company has taken reasonable steps to verify that its investors are accredited investors, which could include reviewing documentation, such as W-2s, tax returns, bank and brokerage statements, credit reports and the like.

Each issuer is responsible for ensuring that any information it posts on the site is complete, accurate and not otherwise misleading. users of the site acknowledge that Capital Engine is not obligated to and will not verify or investigate the accuracy and completeness of the offering material and other information posted on the site.

Users understand, acknowledge and agree that other parties are relying on the statements made herein and that any willfully false statement is sufficient cause for removal from the site, rejection of eligible investor status, along with other legal causes of action. You are strongly encouraged to contact each issuer directly to discuss any questions regarding an offering or the business prospects of the issuer.

Capital Engine’s Security Policy

Capital Engine takes strong steps to safeguard your personal and personally identifiable information through vigorous physical, electronic and operational policies and practices.  All data are considered highly confidential.  Data can only be read or written through defined service access points, the use of which is password-protected. 

The physical security of the data is achieved through a combination of network firewalls (there is no direct communication allowed between the database server and the Internet) and servers with hardened operating systems are all housed in a secure facility. 

Access to the system, both physical and electronic, is tightly controlled and limited to only those employees or third parties who have a need to know.  We do not allow visibility to Social Security number, bank account information, or credit card information via the site. 

Further, we also equip our servers with Secure Socket Layer (SSL) certificate technology to ensure that when you connect to our site you are actually on our site. SSL also ensures that all data entered into the site are encrypted.

To verify that SSL is being used, look for the key or padlock icon on your browser. For further encryption protection, we use a 128-bit secure browser for logins and transactions.

Identity Theft

Although Capital Engine has a stringent process in place to prevent fraudulent persons from using stolen identities to acquire loans, there are still limited times when identity theft occurs.

Capital Engine will work with law enforcement authorities to track down and prosecute persons who have committed identity theft. If you are an investor who suspects that you’ve invested in a project belonging to a person who has committed identity theft, please email customer support and include the loan number and the reason you suspect identity theft.

Secure Data Center

Capital Engine’s physical infrastructure is hosted and managed within Amazon’s secure data centers and utilizes the Amazon Web Service (AWS) technology. 

Amazon’s data center operations have been accredited under:
 
  • ISO 27001
  • SOC 1 and SOC 2/SSAE 16/ISAE 3402 (Previously SAS 70 Type II)
  • PCI Level 1
  • FISMA Moderate
  • Sarbanes-Oxley (SOX)

Session time-outs

We also employ session time-outs to protect your account. You will be logged out of the site automatically after a specified period of inactivity. This time-out feature reduces the risk of others being able to access your account if you leave your computer unattended.

Protection of account numbers

When we contact you about your account to confirm a funds transfer, we only reference the last four digits of your bank account number; this is done for your protection so that you will recognize the source or destination account as one which you own.

Passwords

At a minimum, we require the use of both numbers and letters in your password. We have also instituted secure steps by which you can regain access to your account should you forget your password, including the use of a security question.

Your password is not known to any employee or third party with whom we may partner, and we will never ask for your password as a means of identifying yourself. You should never share your password with anyone, and if you ever receive an email purporting to come from Capital Engine that asks for your password, you should immediately report this development.

What you can do

In addition to our own substantial efforts, you can take several precautions to protect the security of your computer and personal information. For instance, you can start by using a well-chosen password.

You should avoid using any information that others can easily learn about you, such as a family user’s name or birthday, and you can also use special characters in place of letters. In addition, we recommend that you change your password frequently.

You can install and regularly update antivirus and firewall software to protect your computer from external attacks by malicious users. When you are finished with a session on our site, be sure that you log out and close the browser window.

To protect your account, we send automatic notifications confirming certain actions taken on your account, such as changes to a password or external linked account. We do this for your own protection so that you can be sure no one else is making changes to your account without your knowledge.

However, the security offered through these notifications can be undermined if other people have access to your email account. Therefore, you might consider restricting access to the email account you registered with on this site and/or changing your password on that email account frequently.

If you use a computer that is accessed by other people, such as in a public library or Internet cafe, we recommend that you take special precautions to protect the security of your account and personal data. When you are finished using our site, you should log out completely, then close the browser window and clear the browser’s cache files.

You should also be aware of fraudulent attempts to gain access to your account information known as "phishing." Phishing is a tactic used by scammers in which unsuspecting people are brought to a site by a genuine-looking email purporting to be from a legitimate company.

The phony or "spoof" email takes the person to a site that looks legitimate but in fact is not. Either in the email itself or on this fake site, scammers will ask for login information to gain access to people’s accounts and withdraw their money.

Capital Engine will never ask you for your login information in the context of any email. In general, you can protect yourself against phishing by never providing personal or login information via an email—instead, go the site directly.

You might also make it a habit to check the URL of a site to be sure that it begins with the correct domain. In the case of Capital Engine, you should always ensure the URL begins with https://www.capitalengine.io

Changes to This Policy

If we make updates to this privacy policy, we will update the privacy policy with the changes and revise the “last updated” information posted at the bottom of this privacy policy. Any updates to the privacy policy become effective when we post the updates on the site. 

If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this site prior to the change becoming effective. Your use of the site following the update to the privacy policy means that you accept the updated privacy policy.

For additional information, or if you have any questions regarding this policy or the privacy practices at Capital Engine, please submit your questions or comments directly to invest@capitalengine.io via email. Any personal information you submit will be used solely to respond to your requests.

You can also send questions or comments to:

Capital Engine Inc.

invest@capitalengine.io

Effective: June 29, 2020