CAPTIVATE

PRIVACY POLICY

 

Captivate.ai (“Captivate”) provides clients (“Clients” or “you”) certain multimedia editing and/or publishing services (“Services”). In doing so, Captivate collects certain information in order to better serve you and otherwise carry out its business. As such, Captivate provides this Privacy Policy to inform you of its information practices and the choices you can make about the way your personally identifiable information (“PII”) is collected and used on the Captivate website and associated platforms and services (collectively, the “Platform”). Except where otherwise expressly indicated in this Privacy Policy or on the Platform, this Privacy Policy applies only to PII and non-PII information (collectively, “Information”) collected on the Platform and through Services offered by Captivate. It also describes the choices available to you regarding Captivate’s use of your PII and how you can access and update this information.

 

For purposes of this Privacy Policy, “PII” shall mean any information or representation of information that permits your identity, or the person to whom the information applies, to be reasonably inferred by either direct or indirect means, including, without limitation: full legal name, social security number, government-issued identification number, financial information, and email address.

 

By utilizing the Platform or any Services, you acknowledge, agree, warrant, and represent that you have read, understand, and agree to the terms of this Privacy Policy and consent to the collection and processing of your Information as set forth below.

 

The Information Captivate Collects

 

General. Captivate may use the Information it collects: (i) for internal and service-related purposes, such as for providing, developing, improving, personalizing, and promoting Services; (ii) for communicating with you in order to provide you with information Captivate believes may be useful or relevant to you; (iii) for enforcing the terms of this Privacy Policy, the Captivate Terms of Service; (iv) for protecting the rights, property, or safety of Captivate, its Clients or others as may be deemed necessary; (v) for purposes of legal compliance; and (vi) as otherwise stated in this Privacy Policy.

 

Registration and Login. Captivate collects certain Information when you register on, or log onto, the Platform or otherwise utilize any Services. Furthermore, Captivate may collect certain Information when you link other accounts to the Platform or any Services.

 

Customer Support. Captivate may also collect your Information in the event you communicate with Captivate’s customer support team.

 

Analysis and Feedback. Captivate may collect and utilize your non-PII information to better understand your use of the Platform and to enhance your enjoyment and experience of the Services. For example, Captivate may use the gathered information to improve the design and content of the Platform or to analyze the Platform or Services. Captivate uses tools, including third-party analytical software, to automatically collect certain anonymous data about your device that does not directly identify you, such as: (i) device properties, including, without limitation, unique or other device identifiers; (ii) device software platform and firmware; (iii) geographical data such as country or region; and (iv) other similar data as reasonably required by Captivate to enhance Services and other Captivate products (including data related to your internet service provider, referring and exit pages, operating system, date and time stamp, and/or clickstream data).

 

How Captivate May Share Your Information

 

Clients and Service Providers. Captivate may employ third parties to perform certain services on Captivate’s behalf. In doing so, Captivate may disclose your Information to such third parties for the purposes of managing, providing, and improving Services, analyzing usage of the Platform, and marketing purposes. All third parties who are provided access to your Information are required to protect such Information in a manner that is consistent with this Privacy Policy, the Captivate Terms of Service, and applicable law.

 

Sharing Anonymized Information. Captivate may share anonymized information provided by you with others in limited circumstances. Such information will not include PII but may include unique identifiers such as device identifiers or “hashes” of email addresses.

 

Legal Compliance. Captivate may preserve and disclose collected Information if Captivate believes doing so is required or appropriate to comply with law enforcement requests and/or legal processes (such as a court order or subpoena), respond to your requests, or protect your, Captivate’s, or others’ rights, property, or safety.

 

Change in Control. In the event Captivate becomes subject to a merger, acquisition, consolidation, or all or a portion of its assets or business are sold or otherwise transferred, Information collected by Captivate may be treated as an asset and transferred to the surviving legal entity.

 

Permission. Captivate may disclose your Information with your permission.

 

Access to and Modification of Your Information

 

General. In the event you provide Captivate your PII, you may access, modify, update, or delete such PII by contacting Captivate at [[email protected]]. You should be aware, however, that it is not always possible to completely remove or modify PII. In addition, please be aware that your ability to opt out from receiving marketing and promotional materials does not change our right to contact you regarding your utilization of the Platform and/or Services.

 

Promotional Emails. You can opt out of receiving promotional emails from Captivate by contacting Captivate at [[email protected]] or unsubscribing from Captivate’s marketing and promotional email listservs. If you choose to no longer receive marketing or promotional information, Captivate may nonetheless communicate with you regarding security updates, product functionality, responses to service requests, or other transactional, non-marketing-related purposes.

 

Account Access. Captivate responds to all requests it receives from individuals wishing to exercise their data protection rights in accordance with applicable law. To protect your privacy and security, Captivate takes reasonable steps to verify your identity before granting you account access or making corrections to your PII. In the event you did not create an account on the Platform or cannot find the appropriate location to determine what Information you furnished to Captivate, you may contact Captivate at [[email protected]] to request access to or correction of your Information. For verification purposes, please provide information necessary for Captivate to be able to verify your identity and determine the information subject to your inquiry.

 

Cookies

 

Captivate may use certain digital data related to your use of the Platform and/or Services (“cookies”) or similar technologies. Cookies do not contain your PII; however, once you choose to furnish a site with PII, this information may be linked to the data stored in the cookie.

 

Captivate uses cookies to understand Platform usage and traffic and to improve or customize the content, offers, or advertisements on the Platform. Captivate may also use cookies to aid in offering you products, programs, or Services that may be of interest to you and to deliver relevant advertising.

 

Captivate, its third-party service providers, advertisers, or partners also may use cookies to manage and measure the performance of advertisements displayed on or delivered by Captivate and/or other networks or sites. This also helps Captivate, its service providers, advertisers, and partners provide you more relevant advertising.

 

Captivate, its third-party service providers, advertisers, or partners may also use “web beacons,” clear “.gifs,” or similar technologies to monitor the behavior and collect data about the visitors accessing the Platform.

 

You can change your privacy preferences regarding the use of cookies and similar technologies through your browser. You may set your browser to accept all cookies, block certain cookies, require your consent before a cookie is placed in your browser, or block all cookies. Blocking some or all cookies may affect your online experience and may prevent you from enjoying some or all Services.

 

Information Security

 

Limited Access. Captivate instituted physical, electronic, and administrative procedures to protect and help prevent unauthorized access and use of your Information.

 

Commercially Reasonable Efforts. Captivate cannot fully limit or eliminate all security risks associated with receiving and retaining Information. As such, Captivate does not ensure, warrant, or represent to you the security of any data or Information you provide. By utilizing the Platform and/or Services, you warrant and represent to Captivate that you transmit any data and/or Information to Captivate at your own risk. Nonetheless, Captivate will make all commercially reasonable efforts to protect your Information.

 

Electronic Communications. By utilizing the Platform and/or Services, you acknowledge, understand, and agree that Captivate may communicate with you electronically regarding security, privacy, and administrative issues, such as security breaches. In the event a security breach has been discerned, Captivate may post a notice on the Platform and/or send an email providing details regarding the incident to the email address you most recently provided to Captivate.

 

Data Protection Authority. You have the right to contact a data protection authority about Captivate’s collection and use of your PII. For more information, please contact your local data protection authority.

 

International Data Transfer

 

Captivate is hosted in the United States. Your Information may be transferred to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process Information on Captivate’s and its Clients’ behalf. By utilizing the Platform and/or Services, you agree to such collection, use, disclosure, transfer, and processing of your Information in accordance with the terms of this Privacy Policy and the Captivate Terms of Service, as well as applicable data protection laws.

 

Captivate may transfer your Information within Captivate’s network in accordance with this Privacy Policy. Captivate may also subcontract processing to, or share your Information with, third parties located in countries other than your home country.

 

If you are utilizing the Platform and/or Captivate Services from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your PII to the United States to Captivate. By providing your PII, you consent to its transfer and processing in accordance with this Privacy Policy.

 

Incorporation of Terms of Service

 

This Privacy Policy expressly incorporates, and is governed by, all provisions of the Captivate Terms of Service not specifically disclaimed and/or conflicting with this Privacy Policy. By utilizing the Platform and/or Services, you acknowledge, understand, and agree to the provisions of both documents.

 

Update of Privacy Policy

 

From time to time, Captivate may use your Information for new, unanticipated uses not previously disclosed in our Privacy Policy. In the event Captivate’s information practices change, Captivate will post any adjustments to its Privacy Policy on the Platform and may email you to notify you of such change. The revised version will be effective at the time it is posted, unless the revised version includes a change that would be materially less restrictive on Captivate’s use of your Information, in which event Captivate will provide you with thirty (30) calendar days’ prior notice on the Platform or via email. You should bookmark this page and check it periodically for updates.

 

Effective Date and Contact

 

The Effective Date of this Privacy Policy shall be November 8, 2021.

 

To contact Captivate regarding any questions about this Privacy Policy, please email any questions and/or comments to [[email protected]].

 

CAPTIVATE.AI, 2021