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CAN Capital's Privacy Policy

Last Revised: May 22, 2020

General Privacy Policy

This General Privacy Policy (the “Privacy Policy”) applies to www.cancapital.com (the “Site”), which is owned and operated by CAN Capital, Inc. (“CAN Capital,” “we” or “our”).

At CAN Capital, we recognize and respect your privacy. This Privacy Policy explains how we collect, use, and disclose personally identifiable information (“Personal Information”) gathered through our Site. This Privacy Policy applies to information collected through our Site as well as our collection of Personal Information from other sources, such as from sales representatives including any independent sales or marketing representative (each, an “ISO”) who may refer you or your business to us, through email communications, our online channels (including websites, ISOs, mobile applications and social media websites) and to Personal Information you provide us offline (e.g., at trade shows or sales exhibitions or directly to an ISO), when you submit a business funding application over the phone, or when you contact our customer service or collections departments. Note that this is a business-to-business, not a consumer, website and that we may also collect information regarding businesses. Again, this Privacy Policy applies to Personal Information about individuals and not to information about businesses.

The Privacy Policy is subject to and incorporates by reference our Terms of Use, including its limitation on liability.

Types of Personal Information We May Collect

You may browse our Site without creating an online account, but to use certain features you or your ISO may be required to create an account. When you create an account with us, we may collect your name, email address, contact information, a username and password that you will use to access your account and other information. In addition, to submit a question, comment, or post to a blog, you may be required to submit your name and email address, and we may also ask you for other optional information, such as your business’s website address.

We may also collect information from you if you log into our Site through an account created with a third-party website (e.g., QuickBooks, Facebook, or LinkedIn). The option to access our Site via these third-party websites may occur and will be entirely at your option. The information we are able to migrate to our Site from these third-party websites will depend on the privacy settings that you have in place with the third-party site from which you log in. If you choose to log into the Site via a third-party website, you hereby consent to our access to and collection of such Personal Information about you.

We also may collect the following types of Personal Information about you:

  • Business owner contact information (such as name, address, email address, and phone number) and individual job information (such as job title)
  • Personal and financial information necessary to assess your eligibility to access working capital through CAN Capital or one of its partners or ISOs
  • Optional Personal Information you may wish to share in the furtherance of your business’ funding application
  • Information about your visits to and use of this Site or the websites of third-party services to help us maintain the appropriate features, functionality, and user experience
  • Information to verify an individual’s identity (including social security number, user name and password, and other data elements such as driver’s license number and age or date of birth)
  • Individual financial or credit bureau information (such as a business owner’s credit score, credit history, and bank account information)
  • Personal Information contained in government filings or legal agreements (such as corporate formation agreements, business licenses, lease or loan agreements, and business tax returns)
  • Information uploaded by users to our Site, such as your driver’s license, pictures of your business, and bank statements
  • Any other Personal Information you submit or upload through our Site, to one of our email addresses or via other means

We may also append to the Personal Information collected new or other data that we receive from other sources, such as public records, demographic information, and other background information supplied by information services or third parties.

In addition, we automatically collect through our Site information that is often not personally identifying, such as the website from which you came to our Site and your IP address, browser type, and other information relating to the device through which you access the Site. We may combine this information with the Personal Information we have collected from you, which we store in log files. We do this to improve services we offer you.

Information We Collect From You and About You

Some information collected from you is required and some is optional; some will remain private and some will be shared with third parties. Additional information may be gathered during your subsequent use of the Site, whenever you choose to provide it.

Certain Personal Information must be supplied to determine eligibility for financial products and to verify and guard against potential fraud.

We will use this information to request a credit report from a credit bureau to process your business’ application as well as to help assess your business funding request in the context of your and your business’ overall financial situation. We will also use your required and optional information to facilitate activities and transactions that need to occur during the funding process.

Additional Uses of Personal Information

We use the Personal Information you provide us and allow us access to as described herein for the following purposes:

  • Respond to requests or inquiries, and for similar, customer-service-related purposes
  • Evaluate your business’s or customers’ eligibility for products provided by or through CAN Capital or its affiliates
  • Effectuate or enforce a transaction or agreement
  • Adjust offerings or services, provided by or through CAN Capital or its affiliates, to your business and to tailor the information we send or display to you
  • Provide you with information about our company or products—provided by or through CAN Capital or its affiliates—that we believe you may find of interest, including marketing and promotional e-mails
  • Authenticate visitors to our Site
  • Improve our Site, offerings or services provided by or through CAN Capital or its affiliates
  • Better understand how users access and use our Site, and offerings provided by or through CAN Capital or its affiliates, on an aggregated and individualized basis

Types of Disclosures of Personal Information

We will share your Personal Information with third parties only in the ways that are described in this Privacy Policy. We do from time to time provide others with your information, for various products and services including working capital, as described below. We may disclose Personal Information to third parties for the following purposes:

  • To provide you with information relating to products or services that we believe you may find of interest; to provide you access to working capital, from third parties, if we cannot provide access
  • In response to a subpoena or other legal process by a governmental entity or third party, or if otherwise required by law
  • To protect or enforce our rights or property, protect your safety or the safety of others, investigate fraud, or respond to a government request
  • In the event of the sale or dissolution (bankruptcy) of all of our assets, in which case, you will be notified, thereafter by a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information
  • To third parties involved in the process of providing services to us or you or performing functions on our behalf, such as contractors, customer service providers (e.g., information technology or human resources consultants or service providers), credit bureaus, and collection agencies. These companies are authorized to use your Personal Information only as necessary to provide these services to us
  • To our affiliates and subsidiaries for marketing purposes, or for product or service delivery
  • To the ISO that referred you to us—for example, in connection with reporting on your progress in the application process or in connection with calculating or reporting on the commission due to the referral source or otherwise
  • To our lenders, investors, partners, or auditors in the course of their review or auditing us
  • To provide products or services requested
  • To our vendors, who may use the information to further improve their database services to us

Notwithstanding anything else in the Privacy Policy, we may share aggregate or personally identifying information about users with third parties for marketing, advertising, research, or other business purposes.

IMPORTANT: All business loans are currently made by WebBank, member FDIC, and if you request a loan through us, your Personal Information will be shared with WebBank.

CAN Capital may, from time to time and in its sole discretion, elect to contract with one or more other bank(s) to underwrite loans. In such case, you will be notified of such bank(s) during the loan process.

Sale of Personal Information

In the preceding twelve (12) months, CAN Capital has not sold Personal Information.

User Access

If your Personal Information changes, or if you no longer want updates or to be contacted for new products, you may correct, update, amend, delete/remove or deactivate your contact information by emailing our Customer Support at [email protected] or by contacting us by telephone or postal mail at the contact information listed below. We will update your file within 30 days.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. In additional we are required to retain your information as necessary to comply with our legal obligations, resolve disputes, and enforce agreements.

Cookies and Analytics

Technologies such as: cookies, beacons, tags and scripts are used by CAN Capital and our analytic partners or service providers. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies to remember users’ settings or for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

Third Parties, with whom we partner to provide certain features on our site or to display advertising based upon your web browsing activity, use Local Storage (LS) also known as HTML5 to collect and store information. Various browsers may offer their own management tools for removing LS’s (HTML5).We partner with third parties to either display advertising on our Site or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this Site and other sites in order to provide you advertising based upon your browsing activities and interests.

Social Media Widgets

Our Site includes or may include Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our Site. These Features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

User Content

We may, from time to time, allow users or third parties to post information to our Site, such as comments or blogs or to offer you information on small business topics. Any information that you post to our Site becomes public information and may be viewable by other users, as well as visitors to our Site (this is not true of uploaded documents as part of the funding process). In addition, your name, as well as other optional information you choose to submit along with the information you post, will be publicly displayed along with your comment or blog. We are not responsible for the privacy of any information that you choose to post to our Site, or for the accuracy of any information contained in those postings. We cannot prevent such information from being used by others in a manner that may violate this Privacy Policy, the law, or your personal privacy. To request removal of your Personal Information from our blog or community forum, contact us at [email protected]. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Your posting of any content to any of the Site is subject to our Terms of Use.

Testimonials

We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at compliance@cancapital.com

Third-party Links

At times, our Site may contain links to other, third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy but, instead, is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Marketing Communications

We may send you emails from time-to-time about information that we (or third parties) believe may be of interest to you. We may also send you news and offers from us or other third parties, which may include our newsletter or information about special offers, products or offerings, or other items.
If, at any time, you would like to stop receiving these promotional e-mails, you may follow the opt-out instructions contained in any such e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails or promotions from us, we still may send you e-mails about your business’ account, your business’ application or any products or services you have requested or received from us, or for other customer service purposes.

International Users

The Site is hosted in the United States. If you are accessing the Site from outside the United States, by providing your information to the Site, you are consenting to and authorizing the transfer of your information to the United States for storage, use, processing, maintenance, and onward transfer of such information to other entities regardless of their location in accordance with this Privacy Policy and our Terms of Use. You are also consenting to the application of United States law in all matters concerning the Site.

Security

CAN Capital takes reasonable steps to safeguard your personal and sensitive information through vigorous physical, electronic, and operational policies and practices. Data can only be read or written through defined service access points, the use of which is password-protected. The physical security of the data is achieved through a combination of network firewalls (there is no direct communication allowed between the database server and the Internet) and servers with operating systems, all housed in a secure facility. Access to the system is controlled.

Further, we also equip our servers with Secure Socket Layer (SSL) certificate technology to ensure that when you connect you are actually on our Site. SSL also ensures that all data entered into the Site is encrypted. To verify that SSL is being used, look for the key or padlock icon on your browser. For further encryption protection, we use a 128-bit secure browser for logins and transactions. Portions of our Site also make use of “CAPTCHA” technology, which is a test that we use to ensure certain sensitive transactions are being initiated by a human and not by another computer. The test involves viewing a distorted image of a word that a computer would not be able to interpret and then entering in the text shown in the image. Finally, we subject our systems to periodic security audits to ensure that your information is thoroughly protected and secure.

No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at [email protected].

Secure, Off-Site Hosting

We store all sensitive financial data such as social security numbers and bank accounts in a secure environment.

Session Time-Outs

We also employ session time-outs to protect your account. You will be logged out of the Site automatically after a specified period of inactivity. This time-out feature reduces the risk of others being able to access your account if you leave your computer unattended.

Protection of Account Numbers

When we contact you about your account or to confirm a funds transfer, we only reference the last four digits of your social security number; this is done for your protection.

Passwords

Your password is not known to any employee or third party with whom we may partner, and we will never ask for your password as a means of identifying yourself. You should never share your password with anyone, and if you ever receive an email purporting to come from us that asks for your password, you should immediately report this development to us at [email protected].

What You Can Do

In addition to our own substantial efforts, you can take several precautions to protect the security of your computer and Personal Information. For instance, you can start by using a complex/well-chosen password. You should avoid using any information that others can easily learn about you, such as a family member’s name or birthday; you can also use special characters in place of letters. We also recommend that you change your password frequently. You can also install and regularly update antivirus and firewall software to protect your computer or device from external attacks by malicious users. When you are finished with a session on our Site, be sure that you log out and close the browser window.

If you use a computer that is accessed by other people, such as in a public library or Internet cafe, we recommend that you take special precautions to protect the security of your account and personal data. When you are finished using our Site, you should log out completely, then close the browser window and clear the browser’s cache files.

You should also be aware of fraudulent attempts to gain access to your account information known as “phishing.” Phishing is a tactic used by scammers in which unsuspecting people are brought to a website by a genuine-looking email purporting to be from a legitimate company. The phony or “spoof” email takes the person to a website that looks legitimate but in fact is not. Either in the email itself or on this fake site, scammers will ask for login information to gain access to people’s accounts and withdraw their money. CAN Capital will never ask you for your Site login information in the context of any email. In general, you can protect yourself against phishing by never providing personal or login information via an email, instead, go the web site directly. You might also make it a habit to check the URL of a web site to be sure that it begins with the correct domain. You should always ensure the URL begins with http://www.cancapital.com or https://www.cancapital.com.

Changes to This Policy

We may update this Privacy Policy to reflect changes to our information practices at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated Privacy Policy on the Site and update the Privacy Policy’s revision date. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.

Contact Us

Questions? You may contact us with any questions or concerns about this Privacy Policy at:

CAN Capital, Inc.

2015 Vaughn Road
Suite 500
Kennesaw, GA 30144
Telephone: 877-500-8282
[email protected]


Privacy Policy for California Consumers

Effective Date: January 1, 2020

This Privacy Policy for California Consumers (this “California Privacy Policy”) supplements the information contained in the above General Privacy Policy of CAN Capital, Inc. (“CAN Capital”, “we”, “us”) and applies to any consumers residing in the State of California (“consumers” or “you”) who visit our website located at  www.cancapital.com (the “Site”).

This California Privacy Policy also applies to personal information we obtain from California consumers, if any, through email communications, our online channels (including other websites, independent sales organizations (“ISOs”), mobile applications, and social media websites that reference this California Privacy Policy, here “CAN Capital Channels”) and to personal information you provide us offline (e.g. at trade shows or sales exhibitions or directly to an ISO), when you submit a business funding application over the phone, or when you contact our customer service or collections departments.

We adopt this California Privacy Policy to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this California Privacy Policy. Where applicable, this California Privacy Policy controls in the event of a conflict with the Privacy Policy of CAN Capital or our other policies unless expressly stated otherwise therein.  For example, we may provide alternative policies that control with respect to our employees.

While we have provided this California Privacy Policy as part of our effort to fully and transparently comply with our understanding of the specific requirements of the State of California under the CCPA, our actions in doing so do not change the primary purpose of this Site.  As stated in the Privacy Policy, this Site and, the other CAN Capital Channels, are intended for business visitors. This Site is not intended for general public consumers.

You acknowledge and agree that in visiting this Site or using another CAN Capital Channel, you are acting either in the capacity of (i) a job applicant to, an employee of, owner of, director of, officer of, or contractor of CAN Capital; or (ii) an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, non-profit, or government agency, in which case your communications or transaction with CAN Capital via the Site or other CAN Capital Channel will occur solely within the context of conducting due diligence regarding, or providing or receiving a product or service for or on behalf of such company, partnership, sole proprietorship, non-profit, or government agency, and on whose behalf you also accept and agree to the terms of this California Privacy Policy, the Privacy Policy, and the Terms of Use, as they may be modified by CAN Capital from time-to-time and posted on this Site.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular CAN Capital has collected one or more kinds of data within the following categories of Personal Information from its business customers within the last twelve (12) months:

Category

Examples

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security Number/tax ID number, driver’s license number, passport number, or other similar identifiers.

B. Personal information categories.

Name, signature, Social Security Number, address, telephone number, passport number, driver’s license or state identification card number, employment, employment history, bank account number, or other financial information.

C. Protected classification characteristics under California or federal law.

Age (date of birth) and citizenship via passport country of issuance.

D. Commercial information.

Records of personal property and personal credit information

E. Internet or other similar network activity.

Browsing history (CAN Capital pages visited), device ID, device type and information regarding a consumer’s interaction with the Site, application, or advertisement.

F. Audio data.

Interactions with CAN Capital staff are recorded for quality and monitoring purposes

G. Professional or employment-related information.

Current or past job history or performance evaluations.

H. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Personal Information is used to identify you, process your business’ application, access the personal guarantor’s credit bureau report, verify that the personal guarantor is old enough to enter into a legally binding contract, analyze the use of the CAN Capital website, fraud analysis, marketing, customer service, collections and to determine future product offerings.

Personal Information does not include:

  • Publicly available information that is lawfully made available by federal, state, and local government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, including:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

CAN Capital obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, information provided as part of the business funding application or related process.
  • Indirectly from you. For example, from observing your actions on our Site or information we collect in the course of providing services.
  • From our Site: For example, applications submitted through our Site portal or web lead information.
  • From Third Parties. For example, from business partners such as ISOs, service providers, sub-contractors, advertising networks, credit reference agencies, analytics providers, data brokers, or aggregators.
  • From Publicly Available Sources. For example, from public databases or social media platforms.

Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request business funding or ask a question about the products or services we provide access to, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to enter into a contract for a funding product, we will use that information to close that transaction. We may also save your information to facilitate new financial transactions;
  • To verify your identity to ensure security and to conduct due diligence;
  • To administer our Site and for internal operations, including product development, troubleshooting, data analysis, testing, research, statistical, and survey purposes, including to determine and manage the effectiveness of our advertising and marketing;
  • To create, administer, and communicate with you about and in the framework of your account (including fundings, payment, document management, information, including marketing communications in line with your preferences);
  • For system administration and to report aggregated statistical information about browsing patterns and actions which does not identify any individual;
  • To process, evaluate, and respond to your inquiries or requests;
  • To process your business’ application and determine whether your business qualifies for funding;
  • To provide your business with access to funding products;
  • To review for potential fraudulent activity;
  • To service your business’ funding, including, deducting automatic daily or weekly payments from your business’ bank account
  • To initiate, perform, and manage contractual relationships, e.g. by accepting and processing funding requests, performing transactions, processing payments, accounting, auditing and billing;
  • To communicate with you about products, services, events, surveys, and promotions, e.g. by notifying you about changes in our services or by sending you marketing communications;
  • To improve, enhance, or expand the products, services and CAN Capital Online Channels offered by CAN Capital (for example, to provide better information, products, and special offers);
  • To maintain and protect the security of our products, services, and CAN Capital Online Channels, to prevent and detect security threats, fraud, or other criminal or malicious activities;
  • To make suggestions and recommendations to you and other users of our Site about goods or services that are of interest to you or them;
  • To tailor the content that we display to you; to personalize and continually improve the Site and CAN Capital Online Channels and the service it provides to you;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • To ensure compliance with our legal obligations (such as record keeping as required by country specific obligations) and due diligence (to prevent white-collar or money laundering crimes), and CAN Capital policies or industry standards;
  • To carry out contract enforcement, dispute resolutions, and to initiate or protect against legal claims;
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA; or
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of CAN Capital’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by CAN Capital about our Site users is among the assets transferred.

CAN Capital will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

CAN Capital may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We share your Personal Information with the following categories of third parties:

  • Other CAN Capital Affiliates

CAN Capital may share personal data with other affiliates of CAN Capital, if and to the extent necessary for the purposes mentioned above.

  • Business Partners and ISOs

CAN Capital may share information with its business partners and ISOs as necessary to offer access to financial products or services, respond to requests, provide customer services, and communicate about products and services we provide access to.

  • Banking Partners

All business loans are currently made by WebBank, member FDIC, and if you request a loan through us, your Personal Information will be shared with WebBank.  CAN Capital may, from time to time and in its sole discretion, elect to contract with one or more other bank(s) to underwrite loans. In such case, you will be notified of such bank(s) during the loan process.

  • Service Providers

We may share certain information with third party service providers we engage to perform services for us or on our behalf, such as IT maintenance and support services (including ticketing), payment processing, marketing assistance, data analysis and data cleansing services, telemarketing services, postal, mailing and package delivery services, logistics, contractors, credit bureaus, collections agencies, etc. These service providers are contractually bound to act in compliance with applicable laws and restricted from using or disclosing information, except as necessary to perform the services or comply with legal requirements.

  • Advertising Companies

We may use third party advertising companies to serve advertisements regarding products and services that may be of interest to you when you access and use the services and other websites or online services, based on information relating to your access to and use of the services and other websites or online services on any of your devices, as well as on information received from third parties.

  • Legal Process

In response to a subpoena or other legal process by a governmental entity or third party, or if otherwise required by law

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, CAN Capital has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: Personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category E:  Internet or other similar network activity.

Category F: Audio data.

Category G:  Professional or employment-related information.

Sales of Personal Information

In the preceding twelve (12) months, CAN Capital has not sold Personal Information.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you 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.

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Site Changes to Our Privacy Policy

CAN Capital reserves the right to amend this California Privacy Policy at our discretion and at any time. When we make changes to this California Privacy Policy, we will post the updated California Privacy Policy on the Site and update the California Privacy Policy’s effective date. We encourage you to periodically review this page for the latest information on our privacy practices.  Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

Contact Us

If you have any questions or comments about this California Privacy Policy, please do not hesitate to contact us at:

CAN Capital, Inc.

2015 Vaughn Road
Suite 500
Kennesaw, GA 30144
Telephone: 877-500-8282
[email protected]