1. Referral Program
1.1. Overview
Atlantis Funding offers a Referral Program to reward existing investors who invite new participants. By introducing others to our non-traditional real estate lending model, you help expand our capital pool and, in return, earn a commission on each successful referral.
1.2. Eligibility Criteria
1. Referrer:
• Must be an existing Atlantis Funding investor with an active account in good standing.
• Must have completed all relevant KYC (Know Your Customer) and AML (Anti-Money Laundering) checks.
2. Referred Investor:
• Must be new to Atlantis Funding and must not have previously registered or invested.
• Must meet any accreditation requirements under U.S. securities laws if applicable (e.g., Regulation D).
• Must satisfy our minimum investment threshold of USD 100,000.
1.3. Commission Structure
• Commission Rate: 1% of the Referred Investor’s initial investment amount.
• Example: If a Referred Investor places USD 200,000, the Referrer earns USD 2,000.
• Cap or Limit: Currently, there is no maximum limit on the number of successful referrals or total referral commissions you may earn, provided all eligibility requirements are met.
1.4. Referral Process
1. Unique Referral Link:
• Upon logging in to your investor dashboard, you will find a personal referral link or code.
2. Sharing:
• You may share this link/code with friends, family, or business contacts who meet our investor eligibility.
3. Onboarding and Investment:
• The new investor completes the registration, KYC/AML procedures, and invests at least USD 100,000.
4. Commission Payout:
• After a vesting period (typically 30–60 days) to confirm the Referred Investor’s participation, your 1% commission is credited.
• You may withdraw the commission to your linked bank account or reinvest it in any Atlantis Funding product.
1.5. Restrictions and Fraud Prevention
• One Referrer per Investor:
Only one referral link may be used per new investor. The program does not allow multiple referrers to claim the same account.
• Prohibited Conduct:
• No spam or misleading promotional tactics.
• No misrepresentation of Atlantis Funding’s offerings or performance.
• No creation of fraudulent or “dummy” accounts.
• Right to Withhold Commission:
If we detect suspicious, unethical, or illegal activity, Atlantis Funding reserves the right to withhold or cancel any referral commission.
1.6. Changes to the Referral Program
• Atlantis Funding may modify or discontinue this program at its discretion.
• Any changes will be announced in the investor dashboard or via email, and will apply to future referrals only.
1.7. Disclaimer
• Participation in the Referral Program does not imply any guarantee of returns on your or the Referred Investor’s capital.
• All participants must adhere to relevant securities regulations, including limitations on advertising or solicitation when operating under private placements (e.g., Regulation D, Rule 506(b) or 506(c)).
2. Privacy and Data Processing Policy
2.1. Purpose and Scope
At Atlantis Funding, we respect the privacy of our investors and visitors. This Policy outlines how we collect, use, store, and share personal and financial information in the course of providing our real estate lending and investment services.
2.2. Information We Collect
1. Personal Identification Data:
• Name, date of birth, address, phone number, email address.
2. Financial Information:
• Bank account details, investment amounts, transaction histories.
• Net worth or income data (if required for accredited investor verification).
3. Legal and Compliance Documents:
• Copies of identification documents (passport, driver’s license).
• Proof of residency, KYC/AML questionnaires, etc.
4. Online Usage Data (if applicable):
• IP addresses, browser type, device identifiers, cookies.
• Usage patterns on our website or platform (collected for security and user-experience optimization).
2.3. How We Use Your Information
1. Account Setup & Verification:
• To verify identity, eligibility, and accreditation status under securities regulations.
2. Transaction Execution & Record-Keeping:
• To process investments, execute distributions, and maintain accurate records for accounting and auditing.
3. Compliance & Regulatory Requirements:
• To comply with KYC, AML, and other legal obligations (e.g., OFAC checks, SEC requirements).
4. Communication:
• To send updates on investment performance, platform notifications, newsletters, or legal and regulatory changes.
5. Platform Enhancement:
• Usage data may be analyzed to improve system functionality, detect fraud, or enhance user interface and experience.
2.4. Data Storage & Security
• Encryption & Firewalls:
All sensitive data is encrypted both in transit and at rest. Firewalls and intrusion detection systems are in place to prevent unauthorized access.
• Limited Access:
Only authorized personnel with a legitimate business need can access investor data.
• Secure Servers:
We use reputable data centers or cloud providers that comply with recognized security standards (e.g., SOC 2, ISO 27001).
2.5. Sharing Your Information
1. Third-Party Service Providers:
• Payment processors, cloud hosting, CRM systems, compliance tools.
2. Auditors & Legal Advisors:
• External auditors, attorneys, or consultants who need access for compliance or legal review.
3. Regulatory Authorities:
• Government agencies (SEC, FINRA, or equivalent) when required by law or subpoena.
4. No Unrelated Third Parties:
• Atlantis Funding does not sell or rent personal data to unrelated marketers.
2.6. Retention of Data
• We retain personal and transaction data as long as necessary to fulfill legal, regulatory, or business requirements, typically 5–7 years after account closure unless applicable law mandates a longer period.
2.7. Your Rights & Choices
• Access & Correction:
You may request to view or correct your personal data.
• Deletion:
You may request partial or complete deletion of your data, subject to legal and contractual limitations.
• Opt-Out:
You may opt out of certain marketing communications but cannot opt out of transactional or legally required notices.
2.8. International Data Transfers
• If you or our service providers operate outside the U.S., data may be transferred across borders. Atlantis Funding ensures adequate safeguards (e.g., standard contractual clauses) for these transfers.
2.9. Updates to this Policy
• We may periodically update this Privacy and Data Processing Policy. Significant changes will be communicated via email or a platform notice.
2.10. Contact Information
• For any privacy-related questions or concerns, please email [Privacy@AtlantisFunding.com] or call [phone number].
3. Terms and Conditions
3.1. Acceptance of Terms
By accessing or investing through Atlantis Funding (the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”), as well as any supplemental agreements or policies referenced herein (e.g., Private Placement Memorandum, Subscription Agreement, Privacy Policy).
3.2. Nature of Offering
• Non-Traditional Lending & Real Estate Investments: Atlantis Funding focuses on securing loans with real estate assets, often in Florida and other markets, with a minimum of 30% equity.
• Private Placement: If this offering operates under Regulation D, only accredited investors may participate (Rule 506(c)) or a limited number of non-accredited investors in compliance with Rule 506(b).
3.3. Eligibility & Registration
1. Legal Capacity:
• You must be at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into contracts.
2. Accreditation (If Required):
• You must qualify as an accredited investor under U.S. law (e.g., net worth ≥ $1 million excluding primary residence, or annual income ≥ $200,000 for individuals / $300,000 with spouse).
3. Account Creation:
• Provide true, accurate, and current information.
• Update your profile if any changes occur.
3.4. Minimum Investment & Fund Structure
• Minimum Investment: USD 100,000.
• Term: 12 to 24 months, subject to the specifics of each fund or product.
• Fund Strategies:
• Conservative (LTV ≤ 50%)
• Moderate (LTV 50–70%)
• High Yield (LTV 70–85%)
3.5. Fees & Expenses
• Management Fee: A set annual fee for fund management (disclosed in your offering documents).
• Performance Fees (if applicable): A share of profits above a certain hurdle rate.
• Administrative Expenses: Costs related to legal, accounting, or other operational needs, typically split among investors.
3.6. Risk Factors & Disclosures
1. No Guarantee of Returns:
• Past performance does not predict future results.
2. Real Estate & Market Risks:
• Property values fluctuate due to economic and local market conditions.
3. Liquidity Risk:
• Withdrawals before the end of the term may be subject to penalties or a lack of liquidity windows.
4. Foreclosure & Default:
• While real estate collateral provides a security interest, recovery is subject to legal, procedural, and market constraints.
3.7. Default & Recovery Process
• Should a borrower default, we may initiate foreclosure or pursue other remedies.
• Recovery outcomes, including timescales and final returns, vary and are not guaranteed.
3.8. Changes to Terms and Conditions
• Atlantis Funding reserves the right to modify these Terms at any time.
• Material changes are announced through email or the investor dashboard.
• Continued use of the Platform after changes indicates acceptance of the revised Terms.
3.9. Limitation of Liability
• Atlantis Funding, its affiliates, and personnel are not liable for any loss or damage arising from investment decisions, market changes, or any other force majeure events.
• This limitation does not exceed what is allowable under applicable law.
3.10. Governing Law & Dispute Resolution
• Choice of Law: The laws of [Relevant U.S. State or Jurisdiction] govern these Terms.
• Arbitration Clause (Optional): You may include a mandatory arbitration provision to resolve disputes, or specify courts with exclusive jurisdiction.
• Class Action Waiver (Optional): Prohibit class actions if desired, and if legally enforceable in your jurisdiction.
3.11. Contact & Notices
• For any inquiries regarding these Terms, please reach out to [Support@AtlantisFunding.com] or call [phone number].
• Official notices may be sent to your registered email or posted on the Platform.
3.12. Additional Disclaimers
• “This document is not an offer to sell or a solicitation of an offer to buy securities in any jurisdiction where such offer or solicitation is not permitted.”
• “Atlantis Funding does not provide personalized investment, tax, or legal advice. Please consult a qualified professional.”
