Privacy Policy

The Privacy Policy of Counsel Financial II LLC (hereinafter referred to as “Counsel Financial,” “we,” “our,” or “us”) was last updated on SEPTEMBER 21, 2016.

Counsel Financial respects your privacy and is committed to protecting it in accordance with this privacy policy, as updated, modified, or changed by us from time to time (this “Privacy Policy”). This Privacy Policy is intended to help you understand (i) what data we collect, use, share, and keep and (ii) our practices for maintaining, protecting, and disclosing that information.

Except as otherwise stated herein, this Privacy Policy applies to all websites and online applications of Counsel Financial whether accessed on personal computers, smart phones, tablets, or other mobile devices. Notwithstanding the foregoing, this Privacy Policy does not apply to (i) any websites owned or operated by Counsel Financial that have their own privacy practices or policies, including, but not limited to, the Case Disbursement Tracker; or (ii) any website owned or operated by a party other than us, whether accessed through a link on our website or otherwise.

In addition to reviewing this Privacy Policy, please take the time review our Terms of Use, which govern your use of our websites and online applications.

You may contact us if you have any questions regarding this Privacy Policy or the privacy practices at Counsel Financial.

Collection of Information

We may ask you to provide us with certain information any time that you are in contact with us, our subsidiaries or affiliates, which could reasonably be used to identify you and/or your company, including without limitation, your name, company name, address, email address and phone number (“Identity Information”). All Identity Information we collect is in response to your direct or indirect inquiries, requests, submissions, or correspondence. Specifically, such information we may collect includes information we receive through: (i) information you provide us in submitting a “Quick Application,” “Standard Credit Line Application,” or other online application; (ii) records and copies of your correspondence (including email addresses), if you contact us; (iii) details of transactions you carry out through our website or applications; and (iv) financial information collected in connection with processing a voluntary transaction, including, without limitation, credit card numbers, debit card numbers, bank account numbers, and other methods of payment, together with any information you submit to effect such transactions.

In addition to any Identity Information that you choose to provide us with, we, our affiliates, subisidiaries, and any third-party service providers may use publicly available information, as well as certain technology (including cookies), that actively or passively collects additional information (“Non-Identity Information”) that you provide when you visit or use our websites, mobile apps, receive or reply to electronic communications with us, view or click on our ads or content, or interact with us through social media websites and other websites and apps. Such additional information that we may collect includes, but is not limited to: (1) the devices you use; (2) your Internet Protocol (“IP”) addresses or similar identifiers; (3) information related to your IP addresses and similar identifiers (e.g. domain information, your internet provider, and general geographic information); (4) your browsing history; (5) the search queries you used to find us; (6) the referrer URL; (7) what you view, access or click on; (8) whether you open electronic communications; and (8) the time zone and geographic location of the device you are using.

Some parts of our websites may use cookies. A cookie is a small text file that is placed in your computer hard drive through a feature in your web browser. The cookie serves as a unique identifier of that user’s computer. The use of cookies enables us to track usage patterns, enforce security, and deliver customized content to users. Our cookies do not have an expiration date and do not collect personally identifiable information.

The preference to receive cookies automatically, or only upon notice to a user and/or acceptance by the user, is controlled by a setting in your web browser. Cookies may make your web experience more enjoyable by storing preferences. You can adjust your browser settings to refuse all cookies or to inform you when a cookie is being placed on your hard drive. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you visit our websites. If you elect to reject our cookies, your experience with our websites may be diminished.

We do not knowingly collect or solicit any information from anyone under the age of eighteen (18). In the event that we learn that we have collected Identity Information from anyone under the age of eighteen (18) without parental consent, we will delete such information as quickly as possible.

How We Use Your Information

We may use the information we collect on our own or combine it with information that we have collected from others to:

  • Respond to your requests and inquiries;
  • Update you concerning your accounts, our products, our services, as well as changes to the terms, conditions, policies and/or other administrative information related to our websites and online applications;
  • Develop and improve our products, services, websites and online applications, including personalizing your experience on our site;
  • Deliver products and services to you and/or complete transactions;
  • Evaluate your interest in our products and services, as well as your eligibility to receive such products and services;
  • Create content and send marketing communications, ads or offers that are tailored to your preferences or interests;
  • Analyze whether our ads, promotions and offers are effective;
  • Administer and permit you to participate in market research, including surveys, sweepstakes, contests and other promotions.
  • Create and produce data analytics, statistical research, and reports;
  • Assess credit risks related to our business;
  • Manage fraud and security risk;
  • Comply with laws, regulations, and other legal process and law enforcement requirements; and
  • Use your information in any other way as required or permitted by law or your consent.

Sharing of Information

We will only share your Identity Information in the following instances: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such action is required or permitted by law; (ii) to protect and/or defend this Privacy Policy or our Terms of Use, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the websites or online applications or any third party; (iv) to detect, prevent or otherwise address fraud, security or technical issues; and/or (v) to fulfill the reason for which you provided it.

We may collect, use, transfer, and disclose Non-Identity Information, including any Non-Identity Information relating to multiple parties that is aggregated, for any purpose.

If your Identity Information is combined with Non-Identity Information in any ratio, then the combined information will be treated as Identity Information for as long as it remains combined.

Notwithstanding the foregoing, we may share your information with our subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the websites and online applications; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.

Protection of Your Information

We maintain physical, electronic, and procedural safeguards that comply with federal regulations to protect information that we collect about you. When your Identity Information is no longer of use to us, we will take reasonable steps to destroy or de-identify your Identity Information, unless we are required to keep such information in accordance with our internal policies and procedures, or in order to comply with any applicable law or regulation.

If you choose to receive information from unaffiliated third parties, please be aware that such third parties’ privacy policy governs the collection and use of your Identity Information. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly. Except as otherwise stated in this Policy, Counsel Financial does not share personal information with any of these sites and is not responsible for their content and/or privacy practices.

Your California Privacy Rights

California’s “Shine the Light” law, California Civil Code § 1798.83, requires certain businesses to respond to requests from California customers (those who have an established business relationship with us) asking about the business’ practices related to disclosing Identity Information to third parties for the third parties’ direct marketing purposes. We do not share customer information with third parties for their direct marketing purposes, and California’s Shine the Light law therefore does not apply to Counsel Financial.

Managing Your Information

You are responsible for maintaining the accuracy of any information you submit to us. If you want to make sure that your information is accurate and up to date, then you may do so by contacting us here.

Other Important Information

We reserve the right to change this Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy. We will promptly post any policy changes to this page. We are under no obligation to provide you additional forms of notice of modifications or updates as appropriate under any circumstances. Your continued use of our websites and online applications after any modification to this Privacy Policy will constitute your acceptance of such modification. Please check this Privacy Policy frequently for any updates as such updates are binding on you if you continue to use our websites.