The Lender service and network (collectively, the "Service") is operated by Triumph Capital Partners, LLC, a Delaware corporation (together with its subsidiaries and affiliates, the "Company," "Triumph Capital Partners, LLC, a Delaware limited liability company," "we," or "us"). By accessing or using our web site at www.triumph.capital, including any subdomain thereof (the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these terms of service (these "Terms of Service"), regardless of whether you are a registered member of the Service.
In addition to these Terms of Service, you may enter into other agreements with us or others that will govern your use of the Service or related services offered by us or others. If there is any contradiction between these Terms of Service and another agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. As used herein, "Users" means anyone who accesses and/or uses the
We may make changes to these Terms of Service from time to time. If we do this, we will post the changed Terms of Service on the Site and will indicate at the top of this page the date the Terms of Service were last revised. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.
This Site is intended solely for Users who are eighteen (18) years of age or older, and any registration by, use of, or access to, the Site by anyone under the age of eighteen (18) years is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are eighteen (18) years of age or older and that you agree to abide by all of the terms and conditions of these Terms of Service.
The portion of our Service (and certain pages of the Site) that relate to the viewing of actual investment opportunities or to making investments in the securities offered therein are available only to certain qualified, registered and authorized users. Such portions of our Service and the Site may thus not be available in all jurisdictions or to all Users.
For persons resident in the United States, only "accredited investors" as defined in Rule
501 of Regulation D of the Securities Act of 1933, as amended (the "Securities Act"), with a valid User ID and password, are authorized to access such services and web pages (such persons being "Accredited Investors"). In general, to qualify as an Accredited Investor, individuals must have a net worth of more than $1 million (excluding their primary residence), or gross income for each of the last two years of at least $200,000 ($300,000 jointly with their spouse) with the expectation of a similarly qualifying income during the current year. In some cases, you may be required to provide supporting documents to Lender that provides proof that you are an Accredited Investor. Such authorization may require completion of an Accredited Investor questionnaire and satisfactory background information screening. Your failure to provide any information and documentation requested to confirm your status as an Accredited Investor will be cause for Lender to immediately discontinue your use of the Service by preventing your access to the Website and the Service.
Persons who are resident outside of the United States are allowed access to such investment opportunities only if such access does not violate the laws of their country of residence. Our services (and certain pages of the Site) that relate to the viewing of actual investment opportunities or to making investments in the securities offered therein may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where Lender or one of its partner entities is not authorized to provide such information or services.
The securities offered on the Website have not been registered under the Securities Act of 1933 (the "Securities Act"), in reliance on the provisions of Section 4(2) of the Securities Act and Rule 506 of Regulation D, and/or Regulation S, promulgated thereunder. Securities sold through private placements are restricted and not publicly traded, and are therefore illiquid. Neither the U.S. Securities and Exchange Commission nor any state securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any offering on the Site.
Lender is not a registered broker-dealer, funding portal, or investment advisor and does not conduct any activity that it believes would require such registration.
Investment overviews on the Site contain summaries of the purpose and principal business terms of the investment opportunities. Such summaries are intended for informational purposes only and do not purport to be complete, and each is qualified in its entirety by reference to the more detailed discussions contained in the investor document package relating to such investment opportunity. The information contained in the Site has been prepared by Lender without reference to any particular user’s investment requirements or financial situation, and potential investors should consult with their own professional tax, legal and financial advisors before making any investment.
You may not become a beneficial owner of 20% or more of any issuer’s outstanding voting equity securities (an "Issuer Covered Person") without becoming subject to certain "bad actor" disqualifying events described in Rule 506(d) of Regulation D (a "Disqualifying Event"). You represent that you are not subject to a Disqualifying Event and that you will promptly notify Lender in writing should any Disqualifying Events be applicable to you. To the extent you are subject to a Disqualifying Event, Lender reserves the right to cancel your investment and return any funds held in escrow or otherwise paid or submitted by you. Lender is not liable or responsible for making Rule 506(e) of Regulation D disclosures, nor for determining whether any Issuer Covered Person is subject to a Disqualifying Event.
You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable law, rules or regulations. You may not:
By accessing or using the Site (whether as a borrower, broker, investor or otherwise) you acknowledge and agree that Lender’s contacts, investors, source of investors, borrowers, source of borrowers, brokers and/or related persons (each, a "Contact" and collectively, the "Contacts") to be exclusive, confidential and valuable to Lender. Lender has introduced, may introduce, or intends to introduce to you certain Contacts with respect to your use of the Site and in the performance of Lender’s Services. Accordingly, during your use of the Site (regardless of whether such use is continued or interrupted for any period of time) and for a period of three (3) years thereafter, you agree to deal exclusively with Lender in connection with the Contacts and you will not circumvent or attempt to circumvent, either directly or indirectly, Lender, with respect to any Contacts and you expressly agree not to directly or indirectly contact, solicit or otherwise enter into any business relationship with the Contacts of Lender, except with the express prior written consent of Lender.
In connection with your use of the Site it is contemplated that Lender will disclose to you and your affiliates certain Confidential Information concerning Lender, and you hereby agree that, during your use of the Site and thereafter, you shall hold and keep confidential all Confidential Information concerning Lender that is furnished to you or to any of your agents, affiliates, attorneys, associates, clients, consultants, employees, partners, related parties or representatives (each, a "Representative") except to the extent otherwise provided herein. As used herein, "Confidential Information" means any and all technical and non-technical information disclosed by Lender to you, which information would appear to a reasonable person to be confidential or proprietary, including, without limitation: the business relationships and affairs of Lender and its affiliates, customer lists (including, without limitation, existing or potential borrowers, business partners, brokers, investors and sources thereof), trade secrets, proprietary and confidential ideas, techniques, works of authorship, models, inventions, know-how, processes, apparatuses, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services of Lender, such as information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing requirements, customer lists, investor lists, employee lists, business and contractual relationships, business forecasts, sales and merchandising plans, and marketing plans. If, upon disclosure by Lender of any Confidential Information, you believe that such Confidential Information was in your possession free of any obligation of confidence at the time it was disclosed to you by Lender or its affiliates, you shall notify Lender in writing of such possession within three (3) business days of receipt of such Confidential Information. Failure by you to timely notify Lender shall constitute prima facie evidence that such Confidential Information was not in your possession prior to its disclosure by Lender.
You agree that at all times and notwithstanding any termination, modification or expiration of these Terms of Service, you will hold in strict confidence and not disclose to any third party any Confidential Information of Lender, except as approved in writing by Lender, and will use the Confidential Information for no purpose other than with respect to its authorized purpose in connection with the Site and Services. You agree to limit access to the Confidential Information to only those Representatives having a need to know and who have signed confidentiality agreements containing, or are otherwise bound by, confidentiality obligations at least as restrictive as those contained herein. You further agree that you will not reproduce the Confidential Information in any form except as required to accomplish the intent of the Services. Any reproduction by you of any Confidential Information will remain the property of Lender and will contain any and all confidential or proprietary notices or legends that appear on the original, unless otherwise authorized in writing by Lender.
For purposes hereof, the term "Confidential Information" shall be deemed not to include information that (i) is or becomes generally available to the public other than as a result of disclosure by you or your Representative in violation of this Agreement, (ii) was within your possession prior to it being furnished to you by Lender pursuant hereto, (iii) was developed by you independently of and without reference to any Confidential Information provided to you or any of your Representatives by Lender, or (iv) that is required to be disclosed by a court order or applicable law; provided, that in the event you or your Representatives are required by law or the direction of any court or governmental authority to disclose any information that would otherwise be considered Confidential Information under this Agreement, if permitted by applicable law, you shall promptly notify Lender in writing of such proposed disclosure and use reasonable efforts to assist Lender to preserve the confidentiality of such information consistent with applicable law.
You agree that the software programs of Lender contain valuable confidential information and you agree that neither you nor your Representatives will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information of Lender. You further agree that you will not export, directly or indirectly, any technical data acquired from Lender or any product utilizing any such data to any country for which the U.S. Government or any agency thereof at the time of export requires an export license or other governmental approval without first obtaining such license or approval.
In consideration of your use of the Site and Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), is Lender’s proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that, if you are eligible for use of the Site, you are granted a limited, revocable, license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep such portions confidential and all copyright or other proprietary notices intact. You may not, without our express written consent, republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Lender, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
The Service may allow you and other users to submit, post, transmit and share content with other Users. You are solely responsible for any such content (which may include photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements or other content) that you upload, publish, provide or display (as collectively referred to hereinafter as "post") on or through the Service or the Site, or transmit to or share with other Users (collectively, the "User Content"). It is against these Terms of Service to contact sponsoring real estate operating companies or borrowers directly or to attempt to enter into any transactions with such persons or entities outside of the Service. You understand and agree that Lender may, but is not obligated to, review and delete or remove (without notice) any User Content in Lender’s sole and absolute discretion, including without limitation, User Content that in the sole judgment of Lender violates these Terms of Service, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Lender an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. If you choose to remove your User Content from the Site, the license granted above shall not expire.
In limited circumstances, you may be granted the right to review certain personal information (including credit data) posted by other Users on the Site, but you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other Users.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Benjamin M. Weiss, Esq.
12526 High Bluff Drive, Suite 300, San Diego, CA 92130
Phone: (858) 792-3688
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the registrations of Users who are deemed to be infringers.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Lender (the "Company" or "we") utilizes email, electronic documentation and the web portal (the "Portal") to timely and efficiently communicate and transmit information to you. There are certain documents, communications, notices, contracts, agreements and distributions our and your rights, obligations or services (collectively, the "Disclosures") that we need to make available to you as part of the note purchase process. These Disclosures are required by Federal and State laws. In order to continue with the purchase process, we must have your consent to receive these Disclosures electronically. Accordingly, by checking the appropriate box and continuing the purchase process you are consenting and agreeing to receive electronically (either via the Platform or email) all Disclosures and other communications. Moreover, you are agreeing that the exchange of copies of documents via the Platform or email and of electronic signatures shall constitute effective execution and delivery of such documents. Electronic signatures transmitted via the Platform or email shall be deemed to be an original signature for all purposes. The decision to conduct business electronically remains your decision. If you do not consent, you will not be able to continue with the online purchase process, however we can still assist you in person or over the telephone.
In order to conduct business with the Company and access and maintain the Disclosures electronically, you must satisfy the following computer hardware and software requirements: (a) access to the Internet, an email account and related software capable of receiving email through the Internet, (b) a web browser which is SSL-compliant and supports secure sessions; (c) a PDF reader, and (d) hardware capable of running this software. You will also need access to a printer or the ability to download information in order to keep copies for your records.
You must keep us informed of any change in your e-mail address, your home mailing address, or your telephone number so that we can maintain communications with you about your authorization as a registered User and so that you can continue to receive all Disclosures in a timely fashion. You can contact us by e-mail at email@example.com or by calling us at (858) 490-2180. You may also reach us in writing to us at the following address: Triumph Capital Partners, LLC, Attn: IT Department, 662 Encinitas Blvd., Suite 208, Encinitas, CA 92024.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED AND EXCEPT AS MAY BE REQUIRED BY APPLICABLE SECURITIES LAWS, IN NO EVENT WILL TRIUMPH CAPITAL PARTNERS, LLC OR ITS AFFILIATES, DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF TRIUMPH CAPITAL PARTNERS, LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY BE REQUIRED BY APPLICABLE SECURITIES LAW OR OTHER LAWS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ANY OF TRIUMPH CAPITAL PARTNERS, LLC OR ITS AFFILIATES, DIRECTORS, OFFICERS, STOCKHOLDERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Service. By agreeing to these Terms of Service and using the Website and the Service, you agree to submit to personal jurisdiction in California for all purposes, and you agree to waive, to maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the Terms, or any breach thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and final judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in San Diego, California. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, either Lender or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
The failure of Lender to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, the remainder of these Terms of Service shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Because Lender operates largely on the Internet, it is necessary for you to consent to transact business with us online and electronically. Before you decide to do business electronically with Lender, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 5.0 or above and Netscape Navigator 6.0 or above, or the equivalent software; and hardware capable of running this software.
Lender or an affiliate (or a third-party servicer or escrow provider that we may retain) generally receives all payments, and makes all disbursements, through electronic funds transfers (ACH transfers) using the bank (or other financial institution) account information you provide to us. You authorize such bank or other financial account to pay any amounts described herein, and authorize Lender (or any such third-party servicer or escrow provider) to make any and all investment disbursements, to such account. You agree to provide Lender updated information regarding your bank or other account upon Lender’s request and at any time that the information earlier provided is no longer valid.
As part of doing business with Lender, you must also consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms of Service, you agree to receive electronically all documents, communications, notices, contracts, and agreements, including any IRS Form 1099 or other tax forms, schedules or information statements, arising from or relating to your registration as an investor on our Site, any investments you may make, your use of this Service, and the servicing of any investment you may make (each, a "Disclosure"), from Lender or any service provider either of us may use. The decision to do business with Lender electronically is yours. The Terms of Service inform you of your rights concerning Disclosures.
Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Lender. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
You may not withdraw such consent as long as you have any outstanding investments made through the Site. If you have no outstanding investments made through the site and wish to withdraw consent to doing business electronically, we will terminate your registered user account with us.
You also expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
If you are accessing our site and the Disclosures electronically via a mobile device (such as a smartphone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective "app store". If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.
Triumph Capital Partners, LLC ("Lender," "we" or "us"), values your privacy. The following policies apply to the collection of data by Lender and its subsidiaries and affiliates. If you have questions or concerns regarding this statement, please contact us at firstname.lastname@example.org.
This policy discloses what information we collect and how we use it, as well as the choices you can make about the way your information is collected and used. We also explain how any personal or personally identifiable information that we may request will be used. We also detail below our security policy, which describes how your personal information is protected.
We collect personal and financial information from you while you navigate and use the website located at http://www.triumph.capital (the "Site"); most of this collection occurs during registration. Most of the information collected is required for legal or security purposes, although some is optional. Additional information may be gathered during your subsequent use of the Site, whenever you choose to provide it; but in order to make investments through the Site, certain information must be provided.
In general we collect the following types of information from you:
When you subscribe to make an investment in one of the opportunities listed on the site, you will again be asked for some of the same personal data as well as some additional data, such as your bank routing number and bank account number. This data is needed in order to enable us or our broker-dealer partners to utilize your bank account to originate funds transfers and later to make any investment disbursements to you.
In addition, we gather names and email addresses of users who contact us through the Site with questions about our company or our investment platform. We collect this information for the sole purpose of responding to such inquiries and do not store the contact information unless requested by these people. Similarly, we gather names and email addresses of job applicants who submit resumes to conduct further communications.
Finally, we collect information about your computer and your visits to the 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 the Site to improve its usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies and other marketing activities. We use non-identifying and aggregated information to help optimize the Site based on the needs of our users.
We will send you email notifications from time to time. Such notifications are required elements of your transactions on our platform, such as confirmations of particular actions you have taken. These required notices are sent typically to notify you of a change in status such as when you are confirmed as an investor, or for legal or security purposes. For example, certain notifications are sent for your own protection to ensure that another person cannot make a change to your account without your knowledge. In other cases, these notifications involve changes to various legal agreements or Site policies. Generally, you may not opt out of such service-related emails.
When you register as an investor, you will receive emails that confirm specific actions you requested; these will include emails to which you must respond to complete your registration, and notifications confirming your registration. Thereafter, you will receive emails when a new investment opportunity is offered, as well as updates concerning the progress of the funding of such opportunity or offering other relevant information. If you make an investment through the Site, we will also send you confirmations of the investment and occasional updates as to the status of that investment and the timing of distributions relating to that investment. We may also send you responses to emails you send us, if appropriate. From time to time, we may also send user surveys, requests for user feedback regarding user experience and Site operations or marketing offers from us or from us on behalf of our marketing partners. The completion of these surveys or requests for feedback or acceptance of any offer is strictly voluntary. If you do not wish to receive these offers, surveys or user feedback emails, please opt out in any offer email you receive from us.
Lender does not sell or rent personal information about its users for marketing purposes. We do, however, work with a number of trusted partners who perform vital functions as part of our operations.
We also work with (among others) providers of hosting services for the Site, electronic signature providers, and electronic payment service providers. We may engage third parties to help us to carry out certain other internal functions such as account processing, client services or other data collection relevant to our business; example of such companies might include companies that perform data processing, reporting, tax documentation, custody or escrow services. Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services, like collections. Our partners are legally required to keep your information private and secure.
Your investment profile information may, in a generic way, be made publicly available in for use on the "Statistics" page of the Site or in other summaries of aggregate investment data.
If you use our blog on the 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.
We may share your information with law enforcement or other government agencies as required by law or for the purposes of detecting and/or limiting fraud. We reserve the right to disclose your personally identifiable information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your personal information that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our service, or to protect the rights, property or personal safety of Lender, its users, issuers, or others.
We (or our service providers, such as Google Analytics) may also collect web surfing data related to your use of the Site. This may include, for example, information regarding which of our web pages you access, the frequency of such access, and your product and service preferences. This data collection may be accomplished by using cookies, web beacons, page tags or similar tools that are set when you visit the Website. Such web surfing data may include your Internet Protocol (IP) address, browser type, internet service provider (ISP), referring or exit pages, click stream data, operating system and the dates and times that you visit the Site. Web surfing data and similar information may be used for administrative purposes, to assess the usage, value and performance of our online products and services, and to improve your experience with the Site. As with cookies, the web surfing information collected is aggregated, anonymous "click stream" and transactional data, and is not associated with any users as individuals.
The Site may be accessed by users located outside the United States. If you choose to use the Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States, and that by providing your personal information on or through the Site that you consent to such transfer.
We limit access to the personal information we have about you to those employees who have a legitimate business need to access such information. In keeping with industry standards and practices, we maintain appropriate physical, electronic and procedural safeguards and controls to protect your information. The Site is built upon a secure infrastructure with multiple layers of protection and we use industry standard encryption technologies to safeguard your information.
Users are required to identify and authenticate themselves prior to accessing sensitive portions of the Site. Generally, identification and authentication take place through the use of your user name and a password and/or while logging in with one of our technical support staff.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on or through the Site in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
You can take several precautions to protect the security of your computer and personal information. For instance, you can use a well-chosen password, and restrict access to your email account. You can also 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 the Site, be sure that you log out and close the browser window.
You should also be aware of fraudulent attempts to gain access to your account information known as "phishing," whereby scammers try to bring unsuspecting people to a website by using a genuine-looking email purporting to be from a legitimate company. Sometimes, either in the email itself or on a fake website, scammers will ask for login information to gain access to people’s accounts and withdraw their money. Lender will never send you an email asking you for your login information. In general, you can protect yourself against phishing by never providing personal or login information via a link contained in an email; instead, go the website directly. You might also make it a habit to check the URL of a website to be sure that it begins with the correct domain. In the case of Lender, you should always ensure the URL begins with http://www.triumph.capital.
Lender utilizes some of the most advanced technology for Internet security available today. When you access our site using industry standard Secure Socket Layer (SSL) technology, your information is protected using both server authentication and data encryption, ensuring that your data is safe, secure, and available only to registered Users in your organization. Your data will be completely inaccessible to your competitors.
Lender provides each User a unique user name and password that must be entered each time a User logs on. Lender may issue a session "cookie" only to record encrypted authentication information for the duration of a specific session. The session "cookie" does not include either the username or password of the user. Lender does not use "cookies" to store other confidential user and session information, but instead implements more advanced security methods based on dynamic data and encoded session IDs.
In addition, www.triumph.capital is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Personally Identifiable Information is hosted on a different server that has even more layers of security.
Security researchers seeking information on how to report security issues to www.triumph.capital should review our Vulnerability Reporting Policy.
The Triumph Capital Partners LLC security team acknowledges the valuable role that independent security researchers play in Internet security. Keeping our customers’ data secure is our number-one priority, and we encourage responsible reporting of any vulnerabilities that may be found in our site or application. Lender is committed to working with the security community to verify and respond to any potential vulnerabilities that are reported to us.
Conduct all vulnerability testing against Trial or Developer Edition organizations(instances) of our online services to minimize the risk to our customers’ data.
To all security researchers who follow this Vulnerability Reporting Policy, the Triumph security team commits to the following:
Triumph does not compensate people for reporting a security vulnerability, and any requests for such compensation will be considered a violation of the conditions above. In such an event, Triumph reserves all of its legal rights.