Overview
SereneSpectrum Inc., doing business as Avrix Capital ("Avrix Capital," "we," "us," or "our"), operates the Avrix Capital website and related online forms (the "Site"). Avrix Capital is a funding aggregator that connects business owners with third-party lenders, brokers, and funding providers to identify and present available funding options. Avrix Capital is not a lender, broker, financial advisor, or fiduciary, and does not act as your agent or representative in any capacity. This Privacy Policy explains how we collect, use, disclose, and share information submitted through the Site.
By using the Site or submitting a form, you agree to this Privacy Policy in its entirety. We maintain records of consent provided through the Site, including the timestamp, form version, and consent language presented at the time of submission. These records are binding evidence of your agreement.
Information We Collect
Basic intake information collected through our initial funding match form:
- First name and last name
- Email address and phone number
- Business name
- Monthly revenue range
- Requested funding amount
- Consent to be contacted and to have submitted information shared as described here
Sensitive financial and business information collected as part of a full funding application:
- Employer Identification Number (EIN)
- Social Security Number (SSN) of the authorized business representative
- Bank statements and bank account information
- Credit card processing statements
- Business financial documents submitted to support your funding request
We collect sensitive financial information solely to facilitate credit risk evaluation and to identify appropriate funding options on your behalf. This information is not collected for marketing purposes and is not sold.
Hosting, form processing, analytics, security, or infrastructure providers may process limited technical information necessary to operate the Site, such as IP address, browser type, device information, pages viewed, timestamps, and basic server logs.
Your Representations, Warranties, And Assumption Of Risk
By submitting any information through the Site, you represent and warrant that: (a) all information you submit is truthful, accurate, and complete; (b) you are a duly authorized representative of the business identified in your submission and have full authority to act on its behalf; (c) you are authorized to disclose and transmit the business and financial information provided, including any EIN, SSN, bank account information, and financial documents, and that doing so does not violate any agreement, law, or obligation; and (d) you have the legal right to authorize Avrix Capital to collect, use, and share the submitted information as described in this Privacy Policy.
Avrix Capital has no obligation to verify, authenticate, or confirm the accuracy, completeness, or authorization of any information submitted through the Site. Avrix Capital expressly disclaims any duty to do so.
You voluntarily submit sensitive financial and personal information through an internet-based platform and assume all inherent risks associated with online transmission of such information, including the risk of interception, unauthorized access, and technical failure during transmission. By proceeding, you acknowledge that you understand and accept these risks.
User Indemnification
You agree to indemnify, defend, and hold harmless SereneSpectrum Inc., its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) any information you submit through the Site, including any claim by a third party that the submission was unauthorized, fraudulent, or in violation of that party's rights; (b) your breach of any representation, warranty, or obligation under this Privacy Policy; (c) any regulatory investigation, enforcement action, or legal proceeding arising from your submission of false, fraudulent, unauthorized, or legally defective information through the Site; or (d) your use or misuse of the Site or Services.
Sensitive Financial Information
When you proceed with a full funding application, we may collect your EIN, SSN, bank statements, and related financial documents. We collect this information exclusively to:
- Facilitate credit risk and financial evaluation by our funding partners
- Identify and present funding options matched to your business profile
- Fulfill your request for business financing through our network of lenders and brokers
We do not sell sensitive financial information. We do not use it for advertising, profiling, or any purpose unrelated to fulfilling your funding request. We do not publicly disclose SSNs or EINs and transmit them only to funding partners within the scope of the purpose stated above. We may share this information with third-party lenders, funders, and brokers solely for the purpose of underwriting and presenting funding offers at your request.
By submitting sensitive financial information and consenting to its sharing, you irrevocably authorize Avrix Capital to transmit that information to the funding partners identified as part of your request. Any opt-out or deletion request applies to future disclosures only and does not require Avrix Capital to reverse, recall, or seek return of information already transmitted to a third party at your authorization. Once sensitive financial information is in the custody of a third-party lender, funder, or broker, that party assumes sole responsibility for its security, handling, and use under its own privacy practices and applicable law. Avrix Capital is not liable for any unauthorized access, breach, misuse, disclosure, or loss of information that occurs after transmission to a third-party recipient, and you waive any claim against Avrix Capital arising from such events.
Risks Of Submitting Sensitive Financial Information
The submission of SSN, EIN, bank account information, and financial documents through any internet-connected system carries inherent security risks that no organization can fully eliminate regardless of the measures applied. By voluntarily submitting sensitive financial information through the Site, you expressly acknowledge these risks and agree that Avrix Capital shall not be liable for any loss, damage, or harm resulting from:
- Interception or unauthorized access to data during transmission over the internet or any network
- Unauthorized access to information while stored by Avrix Capital, provided Avrix Capital has implemented commercially reasonable security measures at the time of the incident
- Any security incident, data breach, unauthorized access, exfiltration, disclosure, or misuse of information occurring on the systems of any third-party lender, funder, broker, service provider, or other recipient after transmission
- Cyberattacks, ransomware, nation-state actors, zero-day exploits, or other events outside Avrix Capital's reasonable control
- Your own disclosure, transmission, or exposure of submitted information to unauthorized parties, whether intentional or inadvertent
- Social engineering, phishing, or fraud targeting you directly, regardless of whether Avrix Capital's systems were involved
- Any other event, circumstance, or cause — whether foreseeable or unforeseeable, known or unknown — resulting in unauthorized access to, loss of, or misuse of submitted information, including but not limited to failures of third-party infrastructure, telecommunications networks, cloud providers, or any other systems involved in the storage or transmission of information
Avrix Capital shall not be liable for any resulting identity theft, unauthorized use of SSN or EIN, credit damage, financial loss, business interruption, or reputational harm, whether such loss arises from an incident on Avrix Capital's systems or those of any third party.
Security Incident Notification
In the event of a security incident affecting information directly in Avrix Capital's custody, Avrix Capital will take steps required by applicable state and federal law, which may include notification to affected individuals and relevant regulators. The existence of a notification obligation does not constitute an admission of fault, negligence, or liability, and notification shall not be construed as a waiver of any limitation of liability or disclaimer set forth in this Privacy Policy. Avrix Capital has no obligation to notify you of security incidents occurring on third-party systems after your information has been transmitted.
Mobile Information & SMS Consent
Use of the Site and Services is entirely voluntary. No person is required to submit an inquiry or application. However, if you choose to request funding information or matching services, providing consent to be contacted is a required condition of receiving those services. Contact by phone, email, call, or text message is the mechanism through which Avrix Capital and its funding partners evaluate your request and present available funding options. Without that consent, we are unable to connect you with potential providers or deliver the service you requested. You remain free at any time to discontinue your inquiry, not submit a form, or opt out of future communications after submission.
Additional SMS, call, and electronic communication consent terms are presented at the point of form submission. Those terms, together with this Policy, govern all communications between you and Avrix Capital and between you and funding partners to whom your information is referred.
Avrix Capital is not responsible for the frequency, content, or conduct of communications sent to you by third-party funding partners after your information has been referred. To opt out of communications from a specific funding partner, contact that partner directly.
Opt-Out Requests And Communication Preferences
You may contact us at privacy@avrixcapital.com to request that we stop selling or sharing your personal information going forward. Opting out applies to future disclosures only and does not reverse transmissions already made with your authorization. Opting out may limit our ability to match you with funding providers or present funding options.
You may opt out of marketing emails by using the unsubscribe link in any email or by contacting us at privacy@avrixcapital.com.
We will respond to verifiable privacy requests within 45 days of receipt. If additional time is required (up to an additional 45 days), we will notify you of the extension and the reason within the initial 45-day period. We reserve the right to decline requests that are manifestly unfounded, excessive, or repetitive, or that cannot be adequately verified.
Limitation Of Liability
To the fullest extent permitted by applicable law, Avrix Capital's total liability to you for any claim arising out of or related to this Privacy Policy, the collection or handling of your information, or the Services shall not exceed the total fees paid by you to Avrix Capital in connection with the Services giving rise to the claim. Because Avrix Capital's matching and referral services are provided free of charge to users, this limit is zero.
Avrix Capital shall not be liable under any theory of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of data, loss of business opportunity, loss of revenue, reputational harm, or damages arising from a third party's use of your information, regardless of whether Avrix Capital has been advised of the possibility of such damages.
This Privacy Policy is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or relating to this Privacy Policy or the handling of your information that is not resolved through the pre-dispute notice process described above shall be subject to the dispute resolution and arbitration provisions set forth in the Avrix Capital Terms of Use, which are incorporated herein by reference. If any provision of this Privacy Policy is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
Security
We use commercially reasonable administrative, technical, and organizational measures to protect information submitted through the Site while it is under our direct control. These measures include, but are not limited to, encrypted transmission, access controls, and standard industry practices for data handling. However, no internet transmission, cloud storage, database, or digital system is completely secure against all threats.
By using the Site and submitting information — including sensitive financial information — you acknowledge that: (a) perfect security is not achievable; (b) Avrix Capital's implementation of reasonable security measures does not guarantee against unauthorized access or breach; and (c) you have made an independent decision to submit sensitive information online and accept the risks inherent in doing so.
Avrix Capital's security obligations and any related liability extend only to information while it remains under Avrix Capital's direct custody and control. They do not extend to information in transit over third-party networks, information held by cloud infrastructure or hosting providers operating under their own security practices, or information in the custody of any third-party lender, funder, broker, or service provider. The security practices of third-party recipients are solely their own responsibility.
No Fiduciary Duty; No Advisory Relationship
Avrix Capital does not act as your financial advisor, credit advisor, legal advisor, broker, or fiduciary in any capacity. Nothing in this Privacy Policy or on the Site creates or implies an advisory relationship, agency relationship, or duty of care beyond what is expressly stated herein. You are solely responsible for any decisions you make in connection with your use of the Services or in response to any funding offer.
Pre-Dispute Notice Requirement
Before initiating any legal proceeding, arbitration, or regulatory complaint arising out of or related to this Privacy Policy or the handling of your information, you agree to provide Avrix Capital with written notice at privacy@avrixcapital.com describing the nature of the dispute and the relief sought, and to allow Avrix Capital thirty (30) days to respond or attempt to resolve the matter. This notice requirement is a condition precedent to any legal action.
Third Parties
Third-party lenders, funders, brokers, and other recipients of your information operate under their own privacy policies, security practices, and terms of service. Avrix Capital makes no representations and provides no warranties regarding the privacy or security practices of any third party. Avrix Capital is not responsible for the acts or omissions of any third-party recipient of your information.
Children And Non-U.S. Residents
The Site and Services are intended only for adult business owners and business representatives who are at least 18 years old. The Services are not directed to minors, and we do not knowingly collect personal information from anyone under 18.
The Site and Services are available only to users located in the United States. By using the Site, you represent that you are located in the United States. If you access the Site from outside the United States, you do so at your own risk and acknowledge that Avrix Capital makes no representation that the Site or its practices comply with the laws of any jurisdiction outside the United States.
Notice To California Residents
California residents may have rights to know, access, delete, correct, and opt out of the sale or sharing of personal information, subject to applicable limitations and exceptions.
To the extent permitted by applicable law, information submitted by you in your capacity as a business representative relating solely to your business operations, financials, or funding needs may qualify for exemptions applicable to business-to-business transactions under the California Consumer Privacy Act.
Categories We Collect
- Identifiers, such as name, email address, and phone number
- Sensitive personal information, including SSN and EIN, collected solely for funding evaluation purposes
- Commercial information, such as funding amount, monthly revenue range, business name, and funding interest
- Financial information, including bank statements and credit card processing statements, collected for funding evaluation purposes
- Limited internet or electronic network activity processed by hosting, security, form processing, or infrastructure providers
- Limited inferences drawn from submitted funding request information to match you with potential funding options
In the preceding 12 months, we may have sold or shared identifiers and commercial information with lenders, funders, funding providers, brokers, marketplaces, lead buyers, marketing partners, or similar third parties. We do not sell sensitive personal information including SSN, EIN, or financial documents.
To exercise California privacy rights, contact privacy@avrixcapital.com. Requests submitted by an authorized agent must include written authorization signed by the individual, and we may require verification of both the agent's authority and the individual's identity before processing. We will respond within the timeframe required by applicable law. We reserve the right to decline requests that are manifestly unfounded, excessive, or cannot be adequately verified.
Other State Privacy Rights
Residents of states including but not limited to Texas, Virginia, Colorado, Connecticut, and Utah may have rights under applicable state privacy laws to access, correct, delete, or opt out of certain processing of personal information. To exercise applicable rights, contact privacy@avrixcapital.com. We will respond within the timeframe required by applicable law and may require identity verification.
Nevada Privacy Rights
Nevada residents may request to opt out of certain sales of covered information by contacting privacy@avrixcapital.com.
Data Retention And Changes
We retain personal information for a minimum of three years from the date of submission, or longer as required to fulfill the purposes described in this Privacy Policy, comply with legal obligations, resolve disputes, enforce agreements, or prevent fraud.
We may update this Privacy Policy at any time by posting the revised version on this page with an updated effective date. Information collected prior to any update continues to be governed by the version of this Privacy Policy in effect at the time of collection, except as otherwise required by applicable law. Your continued use of the Site after an updated policy is posted constitutes your acceptance of the updated terms.
Contact Us
SereneSpectrum Inc. d/b/a Avrix Capital W 9th Street, Wilmington, DE 19801 privacy@avrixcapital.com