Firn, Inc. (“Firn”)
Effective November 12, 2022
Information Firn Collects About You
Personal Information You Provide. We use the term “Personal Information” to mean any information that could be used to identify you, including your name, address, email address, birth date, financial information, cell or land-line phone number, or any combination of information that could be used to identify you. What Personal Information we collect from you depends on what Services you choose to use and how you interact with the Site:
Site Visitors. We have structured our Site so that, as a casual site visitor, you may come to our Site and review selected information about our Services without registering or providing Personal Information. However, if you wish to become an Investor, then we require you to provide certain Personal Information.
We may require each Investor to provide information designed to verify his, her, or their identity. This information may include (i) information from a successfully completed electronic check transaction, (ii) a credit report, or (iii) other similar information designed to authenticate and confirm your identity or to otherwise comply with applicable law. We also require each Investor to provide certain financial information. For example, we require that each Investor also provide Internal Revenue Service Form W-9 data, which includes your Social Security number (or Taxpayer Identification number, where applicable). We also require that Investors provide us with certain account and other payment information, such as information needed to make payments via ACH, wire, or electronic checks. Our registration process for Investors provides additional details on the types of payment information needed.
Users also may choose to upload media files such as videos, photos, text, and other content to the Site to share with Firn and other users. When you upload this content, we may also collect metadata associated with these media files including date, time, location and device information. Firn’s use of such content will be governed by our user-generated terms and conditions which are provided at the time of collection of such content.
Location Data. We may collect your location information through our mobile apps by capturing the location (e.g. latitude/longitude) of your mobile device. If you have given the app permission to access your location, we may collect your device’s location even if you are not using the Service and store your location history. If you want to opt-out of the collection of your location data, please adjust your settings in your mobile device to restrict the app’s access to your location data. Geolocation data may be used to enhance the Services, for example to offer additional functionality and information regarding your location in connection with the location of Firn properties.
Automatically-Collected Information. We, our service providers, and marketing partners, may automatically log information, such as the type of computer or mobile device accessing our Services, interactions over time with our Services, our communications (including emails and alerts), and other online services, such as:
Device data, such as the computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4G), and general location information such as city, state or geographic area.
Online activity data, such as pages or screens viewed, how long was spent on a page or screen, browsing history, navigation paths between pages or screens, information about activity on a page or screen, access times, and duration of access, and whether marketing emails were opened or links within them clicked. We may use Google Analytics, a web analytics service provided by Google LLC (“Google”) to help collect and analyze Usage Information. For more information on how Google uses this information, click here.
We use the following tools for automatic data collection:
Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping navigate between pages efficiently, remembering preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on devices outside of browsers in connection with specific applications.
Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
How We Use Personal Information
We may use your Personal Information for the following business purposes:
to process transactions that you have authorized us to make;
to facilitate your activities with respect to our Site;
to contact you regarding administrative issues, such as questions about your specific request, or otherwise respond to your comments or requests;
to verify and authenticate your identity, to help us ensure that the individuals who use the Site and Services are who they claim to be; to prevent, detect, mitigate, and investigate fraud, security breaches, and potentially prohibited or illegal activities, including, for example, activities prohibited by the Anti-Money Laundering Act;
to help us operate our Site;
to deliver notices regarding your account;
to comply with IRS requirements and for tax reporting purposes;
to provide you with information, such as notices of investment opportunities via our Site or updates concerning investments that you have participated in;
to send you information we believe is relevant to you, such as news, bulletins, or other information;
to conduct user surveys and questionnaires; and
to comply with applicable law.
Marketing and advertising. We and our advertising partners may collect and use Personal Information for marketing and advertising purposes, including:
Direct marketing. We may from time-to-time send direct marketing communications including, but not limited to, communications about special promotions, offers and events. Recipients may opt out of our marketing communications as described in the “Opt out of marketing communications” section below.
How We Share Personal Information
Service Providers. We may share Personal Information with third party companies and individuals that provide services on our behalf or help us operate our Services, such as hosting services, cloud services, information technology services, email communication software, email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and web analytics services.
Advertising Partners. We may share Personal Information with third party advertising companies for interest-based advertising purposes as described above.
IRA. We may team up with third-party custodians to allow you to invest your IRA funds in diversified commercial real estate investments. These parties are not affiliated with Firn, but act as a directed custodian for IRAs and other custodial accounts. If you elect to initiate the opening of a self-directed IRA account with Firn, we streamline the enrollment process by sharing certain Personal Information with these custodians, including but not limited to your name, Social Security number, date of birth, and contact information. You are not required to invest your IRA funds as a condition of using the Services.
For Legal Reasons. We may share your Personal Information to the extent we reasonably believe we are required to do so by law or to comply with legal or regulatory requirements, or to protect against fraud, illegal activity, or to otherwise protect Firn against liability.
In Connection with a Corporate Transaction. In the event of a transaction or proposed transaction involving the transfer of substantially all of the assets of Firn or one or more of its businesses to another entity, whether an affiliate or a third party, or in connection with a bankruptcy, we may share your Personal Information in the diligence process or to otherwise facilitate the transaction, and with individuals assisting in the transaction or in connection with a bankruptcy. Your Personal Information may also be one of the transferred assets as part of the transaction or bankruptcy.
For Safety & Security. We may reveal your Personal Information to third parties, including law enforcement agencies, in order to protect the safety and security of our employees and employees of our affiliates, users or of any third party.
Feedback, Questionnaires and Surveys
Our Site may allow site visitors and Investors to participate in surveys and questionnaires, which from time to time we may post on the Site. We also encourage our users to provide feedback to us about our Site and our Services. You are free to choose whether you participate in these activities. We may ask that, in addition to providing your responses, you also provide us with your contact information. In these instances, we use any Personal Information you choose to provide to us in connection with these activities for the purposes for which you submit the information.
We aggregate information derived from survey and questionnaire information – with your Personal Information removed – for monitoring or improving the use and appeal of this Site (with no other obligation to you and, specifically, with no obligation to compensate you for these uses). You are not obligated to participate in any of these activities.
Links to Other Sites
This privacy statement applies only to Personal Information collected by our Site. Our Site contains links to other sites that are not owned or controlled by Firn. Firn is not responsible for the privacy practices of such other sites, and we encourage you to be aware when you leave our Site and to read the privacy statements of each and every web site that collects Personal Information.
We have put in place commercially-reasonable security systems intended to prevent unauthorized access to or disclosure of Personal Information, and we take reasonable steps to secure and safeguard this Personal Information against loss, theft, and unauthorized use, disclosure, or modification. With that said, there is no such thing as 100% security of the networks, servers, and databases we operate or that are operated on our behalf. For example, email sent to or from the Site may not be secure. Before submitting any Personal Information via the Site, please be aware of these inherent risks and understand that you do so at your own risk.
In general, you may browse the Site without providing Personal Information. However, if you choose not to provide certain Personal Information through our Site, we may not be able to provide certain services or process certain of your requests. You will not be able to become an Investor or use all of the features and products that we offer through this Site.
Depending on the functionality associated with the Site feature you are using, you may be able to update or delete certain of your Personal Information on the Site. Accordingly, at your request, we will take reasonable steps to remove your Personal Information from our databases. However, please note that:
we may not be permitted to delete your Personal Information completely, due to IRS and regulatory reporting requirements, investments on the platform and the rights thereof, and data backups and records of deletions;
if you request deletion of your Personal Information, you may be unable to use certain features of the Site and any associated Services;
certain of your Personal Information may remain in our databases following the deletion of your account; and,
we may not be able to remove de-identified, anonymous, or aggregate data from our databases.
Any deletion requests may be sent to firstname.lastname@example.org.
Opt out of marketing communications. If you no longer wish to receive marketing emails from us, you can opt out of these communications by clicking on the “unsubscribe” link included in those emails, or by contacting us at email@example.com. Please understand that you will not be allowed to opt-out of transactional notices or other legal and related notices concerning your relationship to the Site or your account.
Online tracking opt-out. There are a number of ways to opt out of having online activity and device data collected through our Services, which we have summarized below:
Blocking browser cookies. Most browsers let users remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in the browser settings. Many browsers accept cookies by default until users change their settings. For more information about cookies, including how to see what cookies and other technologies have been set on a device and how to manage and delete them, visit allaboutcookies.org or http://preferences-mgr.truste.com. Use the following links to learn more about how to control cookies and online tracking through the following browsers: Firefox; Chrome; Microsoft Edge; and Safari.
Blocking advertising ID use in mobile settings. Mobile device settings may provide functionality to limit use of the advertising ID associated with the mobile device for interest-based advertising purposes.
Using privacy plug-ins or browsers. Another way to block our Services from setting cookies used for interest-based ads is by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers. You can also install a browser add-on to opt out of Google Analytics.
Advertising industry opt-out tools. The following opt-out options also limit use of information for interest-based advertising by participating companies: Digital Advertising Alliance for Websites; Digital Advertising Alliance for Mobile Apps; and Network Advertising Initiative.
Note that, because these opt-out mechanisms are specific to the device or browser on which they are exercised, they will need to be separately configured on every browser and device that accesses the Services.
Our Site is not directed to children under the age of 18. We do not knowingly seek to collect or maintain Personal Information or other information from children under the age of 18. We will use commercially reasonable efforts to delete any Personal Information or other information later determined to be provided by a child under the age of 18. Use of the Site by children under the age of 18 is not permitted. If you become aware that a minor has provided Personal Information through our Site, please email us at firstname.lastname@example.org.
Additional Notice to California Residents
We are required by the California Consumer Privacy Act of 2018 (“CCPA”) to provide this CCPA notice (“CCPA Notice”) to California residents to explain how we collect, use, and share their Personal Information, and the rights and choices we offer California residents regarding our handling of their Personal Information.
CCPA Scope And Exclusions. This CCPA Notice, including the description of our privacy practices and California residents’ privacy rights, apply only to California residents whose interactions with us are limited to:
visiting our consumer websites;
signing up for email alerts; and
applying for our job openings on our websites (however, note that the CCPA limits some of the privacy rights for job applicants).
This CCPA Notice does not apply to the Personal Information we collect, use, or disclose about:
representatives of businesses that seek to obtain our products or services, or to provide products or services to us.
Privacy Rights. The CCPA grants California residents the following rights:
Access. California residents can request a copy of the Personal Information that we maintain about them.
Deletion. California residents can ask us to delete the Personal Information that we collected or maintain about them.
Opt out of sale of Personal Information. We do not sell Personal Information. Like many businesses, we use services that display interest-based ads to users around the web. We offer instructions on how to limit online tracking in the “Your Choices” section above.
Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. We will also respond to requests for information and access only to the extent we are able to associate with a reasonable effort the information we maintain with the identifying details in a request. If we deny a request, we will communicate our decision to the requester. California residents are entitled to exercise the rights described above free from discrimination.
Extension. We will make an effort to fulfill verified requests within 45 days of receipt. However, the period for responding to verified request may be extended, based on the complexity and the number of requests received. If this extension is required, we will communicate the extension and the reason(s) for the delay within 45 days of receiving the request.
Identity Verification. We will need to confirm the identity of the requester and their California residency in order to process requests to exercise the above rights. We cannot process requests if we are not provided with sufficient detail to allow us to understand and respond to it.
Authorized Agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.
“Shine the Light” Law
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for such third parties’ direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. However, Firn does not share your Personal Information with third parties for their direct marketing purposes.
How We Respond to “Do Not Track” Signals
GLBA Privacy Notice