Non-essential Cookies can be accepted or declined via the cookie banner displayed upon visiting the Website. More information about Cookies can be found at https://allaboutcookies.org/. 

 

• We or our service providers use third-party services, such as Google Analytics and Google Search Console, to track and analyze online behavior data of users.  In particular, we or our service providers utilize features of Google Analytics called “Remarketing,” “Demographics and Interest Reporting” and “Ad Words.” These services enable us or our service providers to use Google Analytics’ third-party audience data help inform, optimize, target and serve ads based on your visits to our Website.  We do this to better understand how you use the Website and Services, with a view to offering improvements for all users, and to tailor our marketing activities accordingly.  

 

• If you would like to opt out of Google Analytics, please download and install the browser plugin at http://tools.google.com/dlpage/gaoptout?hl=en. Users can also opt out of third-party interest-based advertising by visiting the Network Advertising Initiative’s deactivation website at www.networkadvertising.org/choices/.

 

2. HOW WE USE YOUR INFORMATION 

a. Personal Information

We may use your Personal Information for the following representative purposes:

• To contact you about current investment opportunities, as well as news and updates about the Business

• To send you communications of a transactional, administrative or relationship nature, or as required by law

• To process and evaluate information provided by you through the Website or Services, requests from you for more information about the Business, and to contact you regarding the same

• To personalize and tailor the features, performance and support of the Website and Services 

• To send you promotional and marketing information, newsletters, offers or other information from us or on behalf of our affiliates

• To perform internal operations, including fraud detection

• To analyze, benchmark and conduct research on user data and interactions with the Website or Services

• To improve our Services and your experience interacting with us by aggregating and analyzing our customer data 

• To comply with legal and regulatory obligations

• To conduct background checks or due diligence in connection with investment opportunities

• To facilitate and manage your participation in events or webinars hosted by the Business 

• To develop new products or Services 

• To monitor and analyze trends, usage, and activities in connection with the Website and Services

• To protect the rights, property, or safety of the Business, our users, or others. 

b. Anonymous Information

We may use Anonymous Information for the following representative purposes:

• Perform internal operations on the Website and Services

• Improve the Website and Services and customize the user experience

• Aggregate the information collected via Cookies and Pixels to use in statistical analysis to help us track trends and analyze patterns

 

3. HOW WE SHARE AND DISCLOSE INFORMATION 

We know how important it is to keep your information confidential. We will not share your Personal Information with third parties except as specifically approved by you at the time of disclosure or under the circumstances described in this Privacy Policy. 

 

If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Privacy Policy, you may choose not to use the Website or provide your Personal Information at any time.

 

In addition to using the information collected by us for the purposes described in Section 2 above, we may also share your information as described below. Please review our sharing policy closely, especially with respect to your Personal Information. 

 

If you are a U.S. consumer and use our investment services, we will use and share any information that we collect from or about you in accordance with our U.S. Consumer Privacy Notice https://www.mercicapital.com/privacy.  However, you can contact us at any time to limit our sharing as set forth in the Privacy Notice via online access at: https://www.mercicapital.com/privacy-notice or email us at: Privacy@MerciCap.com.

a. Service Providers  

We share Personal Information with vendors, consultants and other third-party service providers who perform services on behalf of and at the request of the Company, including without limitation, companies that provide e-mail services, host the Website and Services, or that provide other services for supporting, improving, promoting, or securing the Website and Services.  We may also engage service providers, such as Google Analytics and related products, to collect information about your use of the Website and Services over time on our behalf so that we or they may promote the Services or display information that may be relevant to your interests on the Services, or other websites or services. These service providers only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. 

b. Compliance with Laws, Law Enforcement and Safety

We may disclose information we have collected about you, including Personal Information, if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend the Business’ or a third party's rights or property.  

c. Aggregated Anonymous Information 

Aggregated Anonymous Information is the combination of your Anonymous Information with the Anonymous Information of other users (“Aggregated Anonymous Information”). Aggregated Anonymous Information does not allow you to be identified or contacted. We may share such Aggregated Anonymous Information with third parties.

d. Business Transactions 

We may share all or some of your Personal Information with any of our subsidiaries, joint venturers, or other companies under common control, in which case we will require them to honor this Privacy Policy.  Additionally, in the event we undergo a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Privacy Policy. 

 

4. SALE OF PERSONAL INFORMATION

We do not, and will not, sell your personal information.  We do not sell, rent, or lease our client lists to third parties.  

 

5. YOUR CHOICES

By submitting Personal Information, you consent to our use of Personal Information as described herein, including to receive certain communications from us. You may modify or opt out of receiving messages sent for marketing purposes, or certain other communications, by following the unsubscribe instructions in such messages. Please note that despite any indicated marketing preferences, we may send you administrative emails regarding the Website or Services, including, for example, notices of updates to our Privacy Policy. 

 

6. SECURITY AND DATA RETENTION

a. We are very concerned with safeguarding your information. We employ all reasonable administrative, physical and electronic measures designed to protect your information from unauthorized access. All submissions you make through our Website are encrypted. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” or “personal information” (as defined in applicable state statutes on security breach notification) to you via email and/or conspicuous posting on the Website in the most expedient time possible and without unreasonable delay, insofar as it is consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Although guaranteed security does not exist either on or off the Internet, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations. Your consent to such purpose remains valid after termination of our relationship with you.

 

b. We will retain your Personal Information for as long as is necessary for the purposes set out in this Privacy Policy unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights or otherwise to comply with legal obligations. 

 

c. Where we are processing Personal Information as set out in this Privacy Policy, we generally will retain the information for the period of time necessary to carry out the processing activities to which you consented, subject to your right, under certain circumstances, to have certain of your Personal Information erased (see Section 7, Your Personal Information Rights).

 

d. Where we are processing Personal Information based on contract, we generally will retain the information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from the contractual relationship.

 

7. YOUR PERSONAL INFORMATION RIGHTS

a. Your Rights.  You have certain rights in relation to your Personal Information depending on your local laws and jurisdiction. If you would like further information in relation to these or would like to exercise any of them, please contact us using the details at the bottom of this Privacy Policy at any time. The following rights are most relevant to the services that we provide:

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i. Right to confirm and access.  You have the right to ask us whether your Personal Information is being used by us and to access the Personal Information. 

ii. Right to update. You have the right to ask us to update and correct any out-of-date or incorrect Personal Information that we hold about you free of charge.

iii. Right to delete.  In certain cases, you have the right to request that we delete or destroy any Personal Information we hold about you.

iv. Right to obtain a copy. You have the right to ask us to provide you with copies of Personal Information that you previously provided to us. 

v. Right to opt-out of processing.  You have to opt out of the use of your Personal Information for targeted advertising, the selling of your Personal Information or the use of your Personal Information for profiling (automated processing) used for decision making about you.

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b. To submit a request regarding any of the above rights, please send us an e-mail message to Privacy@MerciCap.com.  We do not want to take any action regarding your Personal Information at the direction of someone other than you and may therefore ask you for information verifying your identity.

 

c. We will consider all such requests to exercise your rights, and provide our response within 45 days, which may be extended for an additional 45 days if reasonably necessary.  If we cannot meet your request, we will explain why.  You have the right to appeal our refusal of your request to which we will respond within 60 days.  If your appeal is denied, you may contact the Texas Attorney General at: https://www.texasattorneygeneral.gov/contact-us. 

 

d. Please note that we may be required to maintain certain Personal Information, or to maintain certain Personal Information for a period of time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete any information, it will be deleted from our active database, but may remain in our archives. We may retain your information for fraud detection or similar purposes. Note that if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot compel the deletion or modification of any such information by the parties to whom we have made those disclosures. 

 

e. We will not discriminate against you for exercising any of your rights under Texas law, including:

 

• Deny you any goods or services 

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties

• Provide you a different level or quality of goods or services 

 

8. NOTICE TO CALIFORNIA USERS REGARDING YOUR PRIVACY RIGHTS

Shine the Light. Pursuant to California Civil Code Section 1798.83, also known as the "Shine The Light" law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to that individual, that a business has disclosed to third-parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third-parties. The Company does not share personal information with third-parties for those parties’ direct marketing. To request the above information, California residents can e-mail us at: Privacy@MerciCap.com or write to us at Attn: Privacy Policy Officer, 11601 Shadow Creek Pkwy, STE 111-408, Pearland, TX 77584. Please note that, under California law, a business is only required to respond to such a request twice in any calendar year.

 

9. CHILDREN

This Website is not directed to or intended for children under 16 years of age. We do not knowingly solicit, collect or maintain information from those we actually know are under 16, and no part of our Website is targeted to attract anyone under 16. We also do not send e-mail correspondence to anyone who advises that they are under the age of 16.  If we later obtain actual knowledge that a user is under 16 years of age, we will take steps to remove that user’s Personal Information from our systems.  If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at Privacy@MerciCap.com or write to us at Attn: Privacy Policy Officer, 11601 Shadow Creek Pkwy, STE 111-408, Pearland, TX 77584 so that we may delete and remove such information from our system.

 

10. CHANGES TO OUR PRIVACY POLICY

We reserve the right to change, modify, add or remove portions of this Privacy Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. However, we will not use your Personal Information in a way that is adverse and materially different from the uses described in this Privacy Policy without giving you an opportunity to opt out.  Your continued use of the Website and Services after this Privacy Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Privacy Policy, as amended. We encourage you to bookmark this webpage and review this Privacy Policy regularly.

 

11. CONTACT US

If you have any questions regarding our Privacy Policy, you can contact us via email at Privacy@MerciCap.com or write to us at Attn: Privacy Policy Officer, 11601 Shadow Creek Pkwy, STE 111-408, Pearland, TX 77584.