1. Who We Are
This Privacy Policy applies to ABR First Capital, LLC ("we," "our," or "us"), operators of the InvestABR platform accessible at investabr.com and related subdomains.
Our principal place of business is:
6044 Gateway Blvd E, Suite 544
El Paso, TX 79905
United States
For privacy inquiries, contact us at fmb@investabr.com.
2. Information We Collect
Information You Provide Directly
When you complete our investor interest form or contact us, we may collect:
- Identity information: First name, last name, date of birth;
- Contact information: Email address, phone number, mailing address;
- Financial information: Investment amount of interest, accredited investor status, approximate net worth bracket, income range, investment experience;
- Professional information: Occupation, employer, professional licenses;
- Referral information: How you heard about us;
- Communications: Messages you send us, including questions and feedback.
KYC / AML Verification Information
As required by applicable law and our anti-money laundering program, investors may be asked to provide:
- Government-issued photo identification (driver's license, passport);
- Social Security Number or Tax Identification Number;
- Proof of address (utility bill, bank statement);
- Source of funds documentation;
- Beneficial ownership information (for entities).
Information Collected Automatically
When you visit our website, we automatically collect certain technical information, including:
- IP address and approximate geolocation;
- Browser type and version, operating system;
- Pages visited, time and duration of visits, referring URLs;
- Device identifiers and screen resolution.
3. How We Use Your Information
We use personal information for the following purposes:
| Purpose | Legal Basis |
|---|---|
| Responding to your investor inquiry and providing information about our offerings | Legitimate interest / Pre-contractual steps |
| Verifying accredited investor status and conducting KYC/AML due diligence | Legal obligation |
| Processing investments and managing investor accounts | Contract performance |
| Sending account statements, distribution notices, and tax documents | Contract performance / Legal obligation |
| Compliance with SEC, FinCEN, OFAC, and other regulatory requirements | Legal obligation |
| Preventing fraud, money laundering, and other financial crimes | Legal obligation / Legitimate interest |
| Improving our website and communications | Legitimate interest |
| Sending updates about new offerings (where you have opted in) | Consent |
We do not sell your personal information to third parties for their marketing purposes.
4. Disclosure to Third Parties
We may share your personal information with:
Service Providers
Vendors who assist with website hosting, email delivery, CRM, identity verification, and payment processing, under data processing agreements that restrict their use of your data.
Legal & Regulatory Authorities
Government agencies, regulators, law enforcement, and courts where we are legally required to disclose information, including disclosures required under the Bank Secrecy Act, the USA PATRIOT Act, OFAC regulations, and applicable state law.
Professional Advisors
Attorneys, accountants, and auditors who are bound by professional confidentiality obligations.
Business Transfers
In the event of a merger, acquisition, sale of assets, or similar transaction, your information may be transferred to the successor entity, subject to the same privacy protections described in this policy.
With Your Consent
We may share information with third parties where you have given us explicit consent to do so.
5. Cookies & Tracking Technologies
Our website uses cookies and similar technologies to provide a functional and improved user experience. We use the following types of cookies:
- Strictly Necessary: Required for the website to function. These cannot be disabled.
- Analytics: Help us understand how visitors interact with the site (e.g., pages visited, time on site). We use anonymized data only.
- Functional: Remember your preferences (e.g., calculator inputs) to improve your experience.
We do not use third-party advertising cookies or behavioral tracking for retargeting purposes. You can control cookie preferences through your browser settings. Note that disabling cookies may affect the functionality of some site features.
6. Data Security
We implement technical, administrative, and physical safeguards to protect your personal information from unauthorized access, use, disclosure, alteration, or destruction, including:
- Encryption of data in transit (TLS/HTTPS) and at rest;
- Access controls limiting data access to authorized personnel on a need-to-know basis;
- Regular security assessments and employee training;
- Incident response procedures for data breach notification.
No method of electronic transmission or storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security. In the event of a data breach affecting your rights or freedoms, we will notify you as required by applicable law.
7. Data Retention
We retain personal information for as long as necessary to fulfill the purposes described in this policy, plus any additional period required by law:
- Investor records (including KYC/AML documentation): minimum 5 years from the end of the business relationship, as required by the Bank Secrecy Act and applicable regulations;
- Financial and transactional records: minimum 7 years for tax and accounting purposes;
- Website analytics data: up to 26 months in anonymized form;
- Inquiry records (non-investors): up to 2 years from last contact.
After applicable retention periods, data is securely deleted or anonymized.
8. Your Privacy Rights
Subject to applicable law and certain exceptions (including AML/KYC record-keeping obligations), you may have the following rights regarding your personal information:
- Access: Request a copy of the personal information we hold about you;
- Correction: Request correction of inaccurate or incomplete information;
- Deletion: Request deletion of your personal information (subject to legal retention requirements);
- Objection: Object to processing based on legitimate interest;
- Portability: Request transfer of your data in a machine-readable format;
- Withdraw Consent: Where processing is based on consent, withdraw that consent at any time without affecting lawfulness of prior processing.
To exercise any of these rights, contact us at fmb@investabr.com. We will respond within 30 days. We may require identity verification before fulfilling requests. Note that certain rights may be limited where we have a legal obligation to retain data or where disclosure would compromise our AML/fraud prevention obligations.
9. California Residents — CCPA Rights
If you are a California resident, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), grants you specific rights:
Right to Know
You may request disclosure of the categories and specific pieces of personal information we have collected about you, the categories of sources, the business purpose for collection, and the categories of third parties with whom we share information.
Right to Delete
You may request deletion of personal information we have collected, subject to applicable exceptions (including legal obligation to retain).
Right to Correct
You may request correction of inaccurate personal information.
Right to Opt-Out of Sale or Sharing
We do not sell or share personal information for cross-context behavioral advertising purposes as those terms are defined under the CCPA/CPRA.
Right to Limit Use of Sensitive Personal Information
To the extent we collect sensitive personal information (such as government ID numbers for KYC purposes), we use it only to perform services you have requested and as required by law. We do not use sensitive personal information for any purpose that would trigger the right to limit under the CPRA.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights.
To submit a CCPA request, contact us at fmb@investabr.com with "CCPA Request" in the subject line. We will respond within 45 days, with one possible 45-day extension where reasonably necessary.
10. Children's Privacy
Our website and services are directed exclusively at adults and are not intended for individuals under the age of 18. We do not knowingly collect personal information from minors. If you believe we have inadvertently collected information from a minor, contact us immediately and we will promptly delete such information.
11. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, applicable law, or business operations. We will post the updated policy on this page with a revised "Last Updated" date. For material changes, we will provide notice by email to investors or via a prominent notice on our website. Your continued use of the website or services after any changes constitutes your acceptance of the updated policy.
12. Contact Us
For privacy inquiries, to exercise your rights, or to submit a complaint, contact our privacy team:
Privacy Inquiries
ABR First Capital, LLC
Attn: Privacy Officer
6044 Gateway Blvd E, Suite 544 · El Paso, TX 79905
We take all privacy complaints seriously and will respond within 30 days of receipt.