How East Shore Equities, LLC handles information in connection with its commercial business-to-business operations. This document is provided for informational and disclosure purposes only.
East Shore Equities, LLC ("East Shore Equities," "the Company," "we," "us," or "our") is a commercial finance company organized under the laws of the State of New York and operating in business-to-business ("B2B") commercial transactions. East Shore Equities purchases future commercial receivables from operating businesses pursuant to written purchase agreements and conducts related commercial finance, compliance, recordkeeping, collections, and enforcement activities, including those arising under Article 9 of the Uniform Commercial Code as enacted in any applicable jurisdiction.
This Privacy Policy (the "Policy") describes how East Shore Equities handles information that it receives in connection with its operations, its websites (including www.eastshoreequities.com), its electronic messaging systems (including any SMS, MMS, email, or web-based intake or notification systems operated by or on behalf of East Shore Equities), and any related document, transaction, or compliance workflow (collectively, the "Services").
This Policy does not create any contract, fiduciary duty, agency relationship, third-party-beneficiary right, or cause of action against East Shore Equities. It is provided for informational and disclosure purposes only and may be revised, supplemented, or replaced by any controlling commercial agreement between East Shore Equities and any counterparty. To the extent any provision of this Policy is held not to constitute a binding agreement, the provision shall nonetheless operate as a notice, disclosure, and release to the maximum extent permitted by applicable law.
For purposes of this Policy:
East Shore Equities does not offer products or services to consumers. East Shore Equities does not extend consumer credit, originate consumer loans, service consumer debt, collect consumer debt, or solicit business from natural persons in their individual or household capacities. The Services are directed exclusively to operating businesses, their authorized representatives, and persons acting in a commercial capacity.
Statutes, regulations, and frameworks that by their terms apply only to consumer transactions, consumer debt, consumer credit reporting, consumer financial products, or consumer-directed solicitation — including without limitation the Truth in Lending Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act (in its consumer-reporting application), the Consumer Financial Protection Act, the Telephone Consumer Protection Act in its consumer-protection application, and analogous state statutes — do not apply to the Services. To the extent any natural person interacts with the Services, that person warrants and represents that they are acting in a commercial capacity on behalf of an operating business and not as a consumer.
The Services are operated from and directed to the United States. The Services are not directed to, intended for, marketed to, or made available to: (a) residents of the European Economic Area, the United Kingdom, Switzerland, or any successor or member jurisdiction thereof; (b) residents of Canada or any province thereof, including Quebec; (c) residents of mainland China; or (d) any jurisdiction whose data-protection laws would, by their terms, impose obligations on East Shore Equities by virtue of merely operating a website accessible from such jurisdiction. East Shore Equities does not target individuals in such jurisdictions, does not knowingly process the personal data of residents of such jurisdictions, and disclaims any application of such jurisdictions' data-protection statutes (including but not limited to the GDPR, the UK GDPR, the Federal Data Protection Act of Switzerland, the Personal Information Protection and Electronic Documents Act (Canada), the Act respecting the protection of personal information in the private sector (Quebec, including Law 25), and the Personal Information Protection Law of the People's Republic of China) to its operations. Any User who is a resident of such a jurisdiction must cease use of the Services immediately.
Depending on the nature of the interaction, East Shore Equities may receive Information including:
East Shore Equities receives Information from: (a) Counterparties and their authorized representatives; (b) brokers, ISO partners, and submitting agents; (c) account debtors, payors, and payment processors; (d) public records, court dockets, and regulatory filings; (e) commercial third-party data providers, screening services, and verification services; (f) automated systems integrated with the Services; and (g) any other source from which Information is lawfully received in connection with the Services.
East Shore Equities uses Information for legitimate commercial purposes in connection with the Services, including:
East Shore Equities may disclose Information to:
East Shore Equities does not sell Information for monetary consideration to third-party advertisers or data brokers in the ordinary course of business. Disclosures of Information for the operational, contractual, compliance, and enforcement purposes described above are not "sales" of Information for purposes of this Policy.
East Shore Equities and its affiliates may operate electronic messaging systems for the receipt and delivery of business documents, transactional communications, and operational notifications. Use of such systems is subject to the following terms, which are non-exclusive of any other terms imposed under any commercial agreement.
Any SMS or MMS messaging system operated by or for East Shore Equities is intended exclusively for business-to-business, application-to-person communications with authorized representatives of operating businesses. The systems are not directed to consumers, do not solicit consumer business, and are not used for marketing.
The User initiates each session by sending a request to East Shore Equities. By initiating contact, the User expressly consents to receive replies and follow-up communications by SMS, MMS, email, or other electronic means concerning the requested document or transactional matter. The User may opt out at any time by replying STOP, and may obtain assistance by replying HELP. East Shore Equities does not send unsolicited messages and does not initiate communications absent prior written authorization or a pre-existing commercial relationship.
The Submitter represents and warrants that: (a) the Submitter is an authorized representative of the business or transaction to which the message relates; (b) the Submitter has lawful authority to transmit the Information contained in the message; (c) the recipients identified in the request are appropriate, lawful recipients of the requested document and have provided any required consent to receive such communications; and (d) the Submitter has obtained any consents required from third parties whose information appears in or is processed by the message.
Message delivery depends on third-party carriers, networks, gateways, and devices. East Shore Equities does not warrant message delivery, timeliness, security, or accuracy. Carrier message-and-data rates and any third-party messaging fees apply to the User. Carriers and intermediaries are not liable for delayed or undelivered messages.
Electronic communications generated through the Services do not constitute the formation, modification, novation, accord, satisfaction, or discharge of any commercial agreement or any obligation owed to East Shore Equities, except where the parties expressly so agree in a separate writing intended to have such effect. Generated Documents are templates or drafts unless and until they are reviewed, executed, and delivered in accordance with the parties' controlling agreements and applicable law.
To the extent the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any analogous state statute or regulation applies to any communication transmitted in connection with the Services (which East Shore Equities does not concede), the following provisions apply:
By submitting Information to East Shore Equities through any channel, the Submitter represents, warrants, and covenants that the Submitter has all rights, authority, and consents necessary to transmit the Information; that the transmission does not violate any contract, court order, statute, regulation, common-law duty, or third-party right; and that East Shore Equities may handle the Information for the purposes set forth in this Policy without further notice to or consent from any third party. The Submitter shall indemnify and hold harmless East Shore Equities for any breach of these representations and warranties.
East Shore Equities retains Information for as long as it determines, in its sole and reasonable discretion, to be appropriate to (a) administer and enforce its commercial agreements; (b) comply with applicable law, including statutes of limitation and recordkeeping requirements; (c) defend or prosecute existing or anticipated legal claims; (d) maintain the integrity of its books and records; and (e) operate the Services. Nothing in this Policy obligates East Shore Equities to delete Information at any particular time, and no User has any right of erasure or deletion except where required by applicable law and only to the extent so required.
Where East Shore Equities is subject to a litigation hold, regulatory hold, preservation request, subpoena, court order, or reasonable anticipation of litigation, retention discretion is suspended, and East Shore Equities shall preserve relevant Information consistent with applicable preservation obligations. East Shore Equities shall not be liable to any User for retention of Information pursuant to any such hold or anticipated litigation.
East Shore Equities maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Information against unauthorized access, alteration, disclosure, or destruction. No system is fully secure. East Shore Equities does not guarantee, warrant, or insure the security, confidentiality, or integrity of any Information transmitted to, stored by, or processed through the Services. The User assumes all risk of transmission and storage. East Shore Equities disclaims all liability for any unauthorized access to or use of Information that occurs notwithstanding commercially reasonable safeguards.
The Services may incorporate, reference, or link to third-party websites, applications, services, plug-ins, fonts, analytics tools, content delivery networks, hosting providers, messaging providers, identity providers, mapping providers, document generation engines, and similar services. East Shore Equities does not control such third parties and is not responsible for their privacy practices, terms, content, availability, or accuracy. The User's use of any third-party service is governed by that third party's own terms and privacy policies. East Shore Equities disclaims all liability arising from any third-party service, including any failure, breach, defect, or unlawful act of any third party.
The Services are operated from and primarily used within the United States. Information transmitted to East Shore Equities may be processed, stored, or routed through servers and service providers located within or outside the United States. Users outside the United States who, contrary to Section 4, transmit Information to East Shore Equities consent to the transfer of that Information to and processing within the United States and any other jurisdiction in which East Shore Equities or its service providers operate, regardless of differences in data-protection law between that jurisdiction and the User's home jurisdiction, and waive any objection to such transfer.
The Services are not directed to and may not be used by any natural person under the age of eighteen (18) years, nor by any person lacking legal capacity to enter into binding commercial agreements. By using the Services, the User represents that the User is at least eighteen (18) years of age and possesses full legal capacity. East Shore Equities does not knowingly collect Information from minors. If East Shore Equities becomes aware that Information has been collected from a minor without the consent of a parent or legal guardian, East Shore Equities will take commercially reasonable steps to delete such Information.
Certain U.S. states have enacted statutes that grant residents specific rights with respect to personal information. To the extent such statutes apply to East Shore Equities and to a particular User, the following provisions apply on a non-exclusive basis. Nothing in this Section creates rights for any User to whom such a statute does not by its terms apply, and no such statute shall be deemed to apply to information collected solely in a commercial business-to-business context if the statute exempts such information.
To the extent the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, "CCPA/CPRA"), applies, qualifying California residents may have the right to: (a) request disclosure of categories and specific pieces of personal information collected; (b) request deletion of personal information, subject to enumerated exceptions; (c) request correction of inaccurate personal information; (d) opt out of the sale or sharing of personal information for cross-context behavioral advertising (East Shore Equities does not engage in such sale or sharing); and (e) limit the use of sensitive personal information. East Shore Equities relies on the CCPA/CPRA's business-to-business and employment-context exemptions to the maximum extent permitted by law. To exercise any right that does apply, contact East Shore Equities using the information in Section 26.
To the extent the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, the Texas Data Privacy and Security Act, the Oregon Consumer Privacy Act, the Montana Consumer Data Privacy Act, the Iowa Consumer Data Protection Act, the Tennessee Information Protection Act, the Indiana Consumer Data Protection Act, the Delaware Personal Data Privacy Act, the New Hampshire Privacy Act, the New Jersey Data Privacy Act, the Maryland Online Data Privacy Act, the Minnesota Consumer Data Privacy Act, the Rhode Island Data Transparency and Privacy Protection Act, or any analogous state statute applies, qualifying residents of those states may have rights similar to those described in Section 17.1, subject to the exceptions, exemptions, thresholds, and definitions of each statute. East Shore Equities relies on all available exemptions, including business-to-business, employment-context, and de-identified-information exemptions, to the maximum extent permitted by law.
The New York SHIELD Act imposes data-security obligations on certain businesses owning or licensing private information of New York residents. East Shore Equities maintains a commercially reasonable information-security program designed to satisfy applicable SHIELD Act requirements. Nothing in this Policy creates rights or remedies under the SHIELD Act in addition to those expressly provided by the statute itself.
East Shore Equities does not sell covered information for monetary consideration as defined under Nevada Revised Statutes Chapter 603A.
East Shore Equities is not a "consumer reporting agency" within the meaning of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and does not assemble, maintain, or sell consumer reports. Any commercial business reports, transaction histories, payment records, or compliance reports prepared, maintained, or shared by East Shore Equities are commercial in nature and do not constitute consumer reports. East Shore Equities does not furnish information to consumer reporting agencies in connection with the Services.
Any third party who receives, observes, relies on, or acts in response to any Generated Document, communication, or notice transmitted in connection with the Services does so at the third party's own risk. East Shore Equities owes no duty of care, warranty, or fiduciary duty to any non-User recipient. No non-User recipient is an intended third-party beneficiary of this Policy or of any commercial agreement to which East Shore Equities is a party.
East Shore Equities reserves and does not waive any common-law, statutory, or constitutional privilege, immunity, or protection (including, without limitation, the litigation privilege, the absolute and qualified privileges, the Noerr-Pennington doctrine, the right to petition government for redress of grievances, and any state anti-SLAPP statute or rule) with respect to any communication or document transmitted in good faith in connection with the assertion, perfection, or enforcement of any commercial right.
Nothing in this Policy is intended to, and nothing in this Policy shall be construed to, limit, restrict, or impair the rights, powers, or remedies of any state attorney general, federal agency, state agency, or other governmental authority acting in its enforcement capacity. To the extent any provision of this Policy would do so, the provision is reformed to the minimum extent necessary so as not to so limit, restrict, or impair, and the remainder of this Policy shall remain in full force and effect.
East Shore Equities may revise this Policy at any time, in its sole discretion, by posting a revised version at www.eastshoreequities.com/privacy. Changes are effective upon posting. The version of this Policy operative at the time of any access governs that access; East Shore Equities is not obligated to maintain or produce prior versions and is not bound by any prior version with respect to any access occurring after a revised version is posted. Continued use of the Services after the effective date of a revised Policy constitutes acceptance of the revised Policy. East Shore Equities is not obligated to notify Users individually of changes. Users are responsible for reviewing the Policy periodically.
Nothing in this Policy or in the Services constitutes legal, tax, accounting, regulatory, financial, or investment advice. The Services are provided "AS IS" and "AS AVAILABLE." East Shore Equities expressly disclaims all warranties of any kind, express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, non-infringement, system integration, course of dealing, and course of performance. East Shore Equities makes no representation that the Services will be uninterrupted, secure, error-free, free from viruses or other harmful components, or that defects will be corrected.
To the maximum extent permitted by applicable law, in no event will East Shore Equities, its members, managers, officers, employees, contractors, agents, attorneys, affiliates, successors, or assigns be liable to any User or any third party for any indirect, incidental, special, consequential, exemplary, statutory, or punitive damages; loss of profits, revenue, business, goodwill, opportunity, or anticipated savings; loss, corruption, or unauthorized access to or disclosure of data; cost of substitute services; or any damages arising from or relating to this Policy, the Services, or any Information, regardless of the theory of liability (whether in contract, tort, strict liability, statute, equity, or otherwise) and even if East Shore Equities has been advised of the possibility of such damages. The aggregate liability of East Shore Equities arising out of or related to this Policy and the Services, in the aggregate, shall not exceed the greater of (a) the amount of fees actually paid by the User to East Shore Equities for the Services in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). The foregoing limitations apply notwithstanding the failure of any limited remedy of its essential purpose.
The foregoing limitations do not apply to liability that, by mandatory rule of law, cannot be limited by agreement (including, where applicable, liability for fraud, gross negligence, or willful misconduct).
The User shall indemnify, defend, and hold harmless East Shore Equities and its members, managers, officers, employees, contractors, agents, attorneys, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) the User's access to or use of the Services; (b) any Information transmitted by, on behalf of, or attributable to the User; (c) the User's breach of this Policy or any representation, warranty, or covenant in it; (d) the User's violation of any applicable law or any third party's right; and (e) any dispute between the User and any third party in connection with the User's interaction with the Services. East Shore Equities reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate in asserting any available defenses.
The User's indemnity obligations under this Section do not extend to liability arising solely from the fraud, gross negligence, or willful misconduct of the Indemnified Parties.
This Policy and any dispute arising out of or relating to it are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. If for any reason a court of competent jurisdiction holds that the laws of the State of New York do not govern, then the laws of the State of Delaware shall govern; and if a court holds that the laws of the State of Delaware do not govern, then the laws of the jurisdiction having the closest connection to the Services shall govern, in each case to the maximum extent permitted by applicable law. Subject to any controlling commercial agreement that provides otherwise, any action or proceeding arising out of or relating to this Policy shall be brought exclusively in the state or federal courts sitting in Suffolk County or Nassau County, New York, and each User irrevocably submits to the personal jurisdiction of such courts and waives any objection to venue, forum non conveniens, or inconvenient forum.
To the maximum extent permitted by applicable law, each User irrevocably waives the right to a trial by jury in any action or proceeding arising out of or relating to this Policy or the Services. To the extent any court holds that a jury waiver is unenforceable, each party agrees that any action or proceeding shall be tried to the bench (without a jury) to the maximum extent permitted. Each User irrevocably waives any right to participate in a class action, class arbitration, consolidated action, mass action, coordinated proceeding, mass arbitration, or representative action in connection with this Policy or the Services. Any claim must be brought in the User's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Any claim arising out of or relating to this Policy or the Services must be commenced within one (1) year after the cause of action accrues, or such longer period as is required by mandatory law and may not be shortened by agreement; otherwise, the claim is permanently barred.
If a controlling commercial agreement between the parties contains an arbitration provision, that provision shall govern the resolution of disputes between those parties to the exclusion of any contrary provision in this Section.
If any provision of this Policy is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be reformed to the minimum extent necessary to render it valid, legal, and enforceable while preserving its original intent, or if reformation is not possible, severed from this Policy; the remaining provisions shall remain in full force and effect.
Questions about this Policy may be directed to East Shore Equities, LLC, Attn: Compliance, 245 Centereach Mall, #18, Centereach, NY 11720, or by email to Submissions@EastShoreEquities.com. Inquiries are handled in the ordinary course of business and within commercially reasonable timeframes. No commitment, obligation, or response timeline is created by the receipt of any inquiry.
This Policy is provided for informational purposes only. It does not constitute legal advice and does not create any contract, agency, fiduciary, or third-party-beneficiary relationship. To the extent any provision of this Policy is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be reformed to the minimum extent necessary to make it valid and enforceable, preserving its original intent. Headings are for convenience only and do not affect interpretation. The English-language version of this Policy controls in the event of any conflict with any translation. This Policy shall not be construed against any party as drafter; each party acknowledges that it had the opportunity to review the Policy with counsel of its choice.