Capital on Tap Customer Privacy Policy

(United States Version)

1.1    We at Capital on Tap (Capital on Tap, we/us/our) are committed to safeguarding the privacy of our customers and users together with directors, members, guarantors, partners and other connected persons of such customers and users, (you/your) who visit our website at https://www.capitalontap.com (the Website) and use our services (the Services). This privacy policy (the Privacy Policy) sets out our personal information collection and sharing practices for our Website and in the course of the provision of our services generally. It is intended to inform you of the ways in which we collect personal information, the ways we use that personal information and the ways in which we will share any personal information you choose to provide to us.

1.2   Please read this privacy policy carefully. By continuing to use the Website and submitting your details and registering with us, you confirm that you have read and understood this privacy policy in its entirety.

1.3   Notices highlighting certain uses we wish to make of your personal information together with the ability to opt-in or out of selected uses may also be provided when we collect personal information from you.

1.4   Our Website may contain links to other third party websites and third-party websites may link you to us. If you follow a link to any of those third-party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you submit any personal information to such third party websites.

1.5   This Privacy Policy is intended to explain our privacy practices and covers the following areas:

  1. Who we are

2.1   Capital on Tap is the trading name of New Wave Capital Limited (company number 07959823, registered office No.1 London Bridge, London, England, SE1 9BG).

  1. Information we may collect about you

3.1   We will collect and process all or some of the following personal information about you:

(a) Information you provide to us ► personal information that you provide to us (or is provided to us on your behalf by third parties), such as when an application for a Capital on Tap Visa Card is submitted through our Website, including your name, email address, financial transaction history, and other contact details;

(b) Credit and Anti-Fraud information ► information relating to your financial situation, your creditworthiness or any criminal or fraudulent activities provided to us by you or third parties, including information which establishes your identity, such as driving licenses and passports; information about transactions, credit ratings from consumer reporting agencies; fraud, offenses, suspicious transactions, politically exposed person and sanctions lists where your details are included;

(c) Your transactions ► details of transactions you carry out through our Website or through other channels and of the fulfilment of the services we provide. This will include card transaction and usage data that we collect when you use your Capital on Tap Visa Card, and drawdown dates, values and bank account information where applicable. It will also include any transaction and/or accounting data provided to us where you allow us to access this information through integration with your accounting software or through a third party supplier;

(d) Our correspondence ► if you contact us, we will typically keep a record of that correspondence. This may include telephone calls, which we record to assist us in training our staff and undertaking quality checks;

(e) Data from third parties ► From time to time we obtain details of potential customers from our partner organizations, which we use to provide postal marketing services to those individuals to advise of products and services. We may also receive some personal data in connection with the credit reference and fraud prevention checks described at paragraph (b) above;

(f) Survey information ► we may also ask you to complete surveys that we use for research purposes. In such circumstances we shall collect the information provided in the completed survey; and

(g) Website and communication usage ► details of your visits to our Website and information collected through cookies and other tracking technologies including, but not limited to, your IP address, domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access.

  1. How we use your personal information

4.1   In this section, we set out the purposes for which we use personal information that we collect via our Website and elsewhere.

4.2   Please note that in addition to the disclosures we have identified below, we may disclose personal information for the purposes we explain in this notice to service providers, contractors, agents, advisors (e.g. legal, financial, business or other advisors) and affiliates of Capital on Tap that perform activities on our behalf:

(a) To communicate effectively with you and conduct our business ► to manage the use of Capital on Tap Visa Card, including to respond to your queries, to otherwise communicate with you, or to carry out our obligations arising from any agreements in connection with your Capital on Tap Visa Card;

(b) To confirm that application details are correct ► so that we can ensure that information used to assess applications for the Capital on Tap Visa Card are entirely correct, we may cross-check it against resources such as:

(i) state corporate registration records, to confirm company information;

(ii) zip code confirmation services;

(iii) data validation services, to confirm bank account and contact details; and

(iv) consumer reporting agencies.

The purpose of these checks is to monitor for inconsistencies (whether between records or simply as a result of typing errors). Sometimes, where we cannot confirm your details based on the information provided, we may request further documentation such as copies of identification documents or bank statements.

(c) To process applications for credit ► We will use your personal data in connection with processing applications for the Capital on Tap Visa Card. To do this, we may:

(i) undertake checks against PEP (Politically Exposed Persons) Sanctions and AML (Anti Money Laundering) databases;

(ii) utilize consumer reporting agencies and credit data providers to undertake a credit check on you and/or your business;

(iii) utilize third party databases to assist in connection with the processing of your application; and

(iv) use third party tools to categorize your personal and financial data.

(d) In relation to fraud/crime prevention  personal information we have collected about you may be shared with fraud prevention agencies that will use it to prevent fraud and money-laundering and to verify your identity. If fraud is suspected or detected or you supply us with misleading, false, incomplete or inaccurate information, you could be refused finance, or your existing facility may be frozen, pending investigation. 

(e) To undertake continuing checks and monitoring  to monitor queries and transactions to ensure service quality and compliance with procedures.

Where a Capital on Tap Visa Card account has been issued, we may continue to check against your credit report, PEP, sanctions and/or anti-money-laundering databases on a periodic basis. We also undertake ongoing monitoring of your use of our Website and your transactions for fraud detection or crime prevention purposes.

(f) To collect repayments ► We will generally collect credit repayments directly from you via direct debit. We use GoCardless to process your direct debit payments. More information on how GoCardless processes your personal data and your data protection rights, including your right to object, is available at https://gocardless.com/legal/privacy/.

When you are late in making a scheduled payment, a collections agent may be engaged to obtain repayment. There is a process in place to assist individuals who are struggling to make repayments on their Capital on Tap Visa Card . If you have difficulties making payments under your credit agreement please contact us at your first opportunity by phone or by email as set out in “Contact Us.” 

(g) To provide you with marketing materials ► to provide you with updates and offers, where you have chosen to receive these. We may also use your information for marketing products and services to you by mail, email, SMS or phone and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt-out by contacting us as set out in “Contact Us.”

(h) For research and development purposes ► to analyze your personal information and usage of products and services in order to better understand your requirements, to better understand our business and develop products and services. We may also share your information with social media providers, exclusively for purposes of market research, and only where you have provided consent to that social media provider to assist us with this market research;

(i) To inform you of changes ► to notify you about changes to services and products;

(j) To ensure website content is relevant ► to ensure that content from our Website is presented in the most effective manner for you and for your device, which may include recording your session while on our Website or passing your data to business partners, suppliers and/or service providers;

(k) To reorganize or make changes to our business ► in the event that we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) otherwise undergo a reorganization, merger, bankruptcy, dissolution, liquidation, or other transaction or legal proceeding, we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analyzing any proposed sale or reorganization. We may also need to transfer your personal information to that reorganized entity or third party for them to use for the same purposes as set out in this policy.

(l) In connection with our legal or regulatory obligations ► We may use your personal information to comply with regulatory requirements or dialogue with regulators as applicable which may include disclosing your personal information to third parties, litigants, regulators and/or law enforcement agencies in connection with inquiries, proceedings or investigations by such parties. In addition, we may use your personal information to enforce terms and conditions, to protect our operations or those of any of our affiliates, to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others and to allow us to pursue available remedies or limit the damages that we may sustain.

(m) For other purposes ► From time to time, we may use your data in other ways from those described above, but we will let you know before doing so.

  1. Who we share your personal information with

5.1   We may disclose information about you to any of our affiliates or their or our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary to provide you with the services contemplated in the Capital on Tap Business Credit Card Agreement or as set out in this privacy policy.

5.2   In addition, we may disclose information about you:

(a) To the extent that we are required to do so by law;

(b) To counterparties, regulators and law enforcement agencies in connection with any legal proceedings, prospective legal proceedings or lawful requests, or in order to establish, exercise or defend our legal rights including providing information to others for the purposes of fraud prevention and reducing credit risk;

(c) To any third party who provided your details to us (for example, a broker) in connection with the outcome of your application; and

(d) To the purchaser or prospective purchaser of any business or asset which we are or are selling or contemplating selling, or as part of a reorganization, merger, bankruptcy, dissolution, liquidation, or other transaction or legal proceeding. 

  1. Children’s online privacy

Our Website is meant for adults only. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or legal guardian and think your child under 13 has given us information, please contact us as described below in the “Contact Us” section of this Privacy Policy; please mark your inquiry “COPPA Information Request.”  If we become aware that a child under 13 has provided us with personal information without parental consent, we will take steps to remove such information and terminate the child’s account.

  1. Transmission, storage and security of your personal information

Security over the internet

7.1   No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information in accordance with data protection legislative requirements.

7.2   We will store all the personal information you provide on our secure password and firewall-protected servers. All electronic transactions you make to or receive from us on our website will be encrypted using SSL technology. We may store your data on servers overseas or “in the cloud,” and by using the Website or otherwise providing us with information, you consent to us storing your information in this manner.

7.3  Our systems use a third-party email service that we access over an encrypted HTTPS connection, which in turn uses opportunistic TLS connections to relay emails. For the majority of our customers, this means that the receipt of emails and their associated attachments is secured right from the connection with a customer's email server. 

7.4  Do Not Track. Some browsers may have the option to transmit a “do not track” signal to websites. The Site does not respond differently or limit its practices under the terms of this Privacy Policy when you visit the Site with a browser that uses a “do not track” signal or similar mechanism.

Storage limits

7.5   Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data. When personal data is no longer needed, we either irreversibly anonymize the data (and we may further retain and use the anonymized information) or securely destroy the data.

  1. Contact Us

8.1   If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to support@capitalontap.com. 

8.2   If you would like to correct, amend, add, or delete personal information associated with your account, please contact us by email to support@capitalontap.com. However, even after you update information, we may maintain a copy of the original information in our records.

  1. Cookies policy

9.1   You can read our full cookies policy here: https://www.capitalontap.com/en/legal/cookies/.

  1. Changes to our Privacy Policy

10.1   We reserve the right to change our Privacy Policy from time to time and without prior notice. Please check this page periodically for changes. Your continued use of the Services following the posting of changes to this policy will mean you accept those changes. If we make any changes to this Privacy Policy, we will post the updated Privacy Policy here and will update the date it was last changed below.  Please check our Site regularly to review updates to this Privacy Policy.

10.2   This Privacy Policy was last updated on February 10, 2021.

  1. California Consumer Privacy Act

11.1   The CCPA applies generally to for-profit businesses that collect personal information about consumers, as those terms are defined within the CCPA.  The CCPA sets threshold requirements for its application. The CCPA applies to companies that do business in California, that collect personal information about consumers, and that meet one of the following thresholds:

  • annual gross revenues of $25 million;
  • annually buy, sell, receive, or share for commercial purposes the personal information of 50,000 or more consumers, households, or devices; or
  • derive 50 percent or more of its annual revenues from selling consumers’ personal information.

At this time, Capital on Tap does not meet these thresholds and therefore the CCPA does not apply.