Privacy Policy

AS UPDATED: August 2, 2021

California Residents

California residents can request access to or deletion of their Personal Information, subject to the exceptions in the California Consumer Privacy Act (“CCPA”), by contacting us at  privacy@Captiv8.io.

1. About this Privacy Policy

Thank you for using Captiv8 and visiting our website. Your privacy is important to us, and we have adopted this privacy policy (“Policy”) to memorialize our data collection and disclosure practices for our website and its related tools and service, including any mobile applications we provide, our online platform software, and any web pages we control on any third-party websites (collectively, the “Service”). The Service is owned and operated by Captiv8 Inc. (“Captiv8,” “we,” “us” or “our”). This Policy applies to anyone using or browsing our Service, any influencer who appears in our influencer database, visitors, customers or users of our Service (“users,” “you”, or “your”).

By visiting our website or using any of our Services, you agree to the collection, use, and disclosure of your Personal Information as described in this Policy. If you do not, please do not use our Service.

For the purposes of this Policy, “Personal Information” is defined under applicable law and includes information that identifies you or your device or can be reasonably associated with you.

2. Personal Information Collected

Information You Provide to Us

Personal Information may be collected because you provide it to us (for example, by filling out a form or survey on our website), or if you connect your user account to a third-party connection or log-in, such as your Facebook or Instagram account, to the Captiv8 Service, that third-party may pass certain information about your use of its service to Captiv8. We may also receive publicly available information and information from third parties about you and include such information in our influencer database.

Inferred Information

We may also collect other special types of Personal Information about you by observing or inferring such information from the way you interact with us directly or indirectly by means of other people (for example, partners, joint controllers, or subcontractors who may be involved in data collection operations on behalf of Captiv8).

Information Collected from Social Sites

When you enter Personal Information to the Service for use on the Service or for use on a third-party website, including social media sites (“Social Sites”), Captiv8 saves the Personal Information. For each user interacting with the Service, Captiv8 may also save and associate with the user’s Personal Information the user’s usernames on the Service and each Social Site, Internet Protocol (IP) address, session identifier and a unique internal identifier.

Why We Collect Personal Information

We collect this Personal Information about you based on our legitimate interests, because you have given us your consent to do so at the time of the collection of the Personal Information, to fulfill a contractual obligation, or because we are required to do so based on our legal requirements.

Types of Personal Information Collected

We may collect the following categories and specific pieces of Personal Information for the following business purposes:

     Captiv8 also collects “Non-Personal Information” about you. Non-Personal Information  includes, without limitation, any and all aggregated and/or anonymized information.     

3. Use of Personal Information

Captiv8 uses Personal Information collected as described in Section 2 of this Policy for the following business purposes:

• to assist us in setting up accounts; 
• improving online operations; 
• processing transactions you initiate; 
• providing customer service; 
• providing newsletters and/or other communications or services which you have signed up for or otherwise agreed to receive; 
• displaying content that is customized to your interests or preferences; 
• sending account- or transaction-related communications such as welcome letters and transaction confirmations; 
• performing research and analysis aimed at improving our products, service and technologies; 
• providing an influencer database to our subscribers, and managing our systems. 

We may also use this information for internal purposes to help us diagnose problems, monitor traffic patterns and otherwise continually improve our Service. 

4. Disclosure of Personal Information

Disclosures to Service Providers

We may disclose Personal Information and Non-Personal Information about you to companies, agents, contractors, service providers or others engaged to perform functions on our behalf (such as providing data storage, hosting our website, conducting audits and performing web analytics). We may also disclose your Personal Information to others to market Captiv8 products and services to you (for example, to send you messages concerning new Captiv8 features or products or Captiv8 special offers), and to perform the Service (for example by sharing information with Social Sites). 

Disclosures as Allowed or Required by Law

We may also disclose your Personal Information to third parties, to (a) enforce or apply the terms and conditions of the Service, including investigations of potential violations thereof, (b) comply with legal or regulatory requirements or a governmental request, (c) protect the rights, property or safety of Captiv8, other users or other third parties, (d) to any authority, such as a police department or regulatory authority, or (e) detect, prevent or otherwise address fraud, security, or technical problems that may arise. 

Disclosures of Non-Personal Information

We may also disclose Non-Personal Information to our clients, developers, business partners, merchants, advertisers, investors, potential buyers and other third parties for any reason at our sole discretion. 

Disclosures for Other Business Purposes

Captiv8 reserves the right to transfer information (including your Personal Information and Non-Personal Information) to a third-party in the event of (a) a reorganization, spin-out, sale, merger, or transfer of some or all of the assets of our company, or (b) in the unlikely event of a bankruptcy, liquidation or receivership of our business.

Disclosure of Profiles and Public Information

When you use our Service, you agree that we may publish information about you, including Personal Information that is visible to the general public, as well as to users who subscribe to our Services. 

5. Retention of Data

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Policy or as reasonably necessary to provide, promote and support the Services. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. We will also retain Non-Personal Information for internal analysis purposes. Non-Personal Information is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer time periods.

6. Your Rights and Choices

Unlinking Your Account

You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Captiv8 Service. You may also unlink your      third-party account from the Service by adjusting your settings on the third-party service. If you unlink your third-party account we will stop collecting information about you going forward. Prior to unlinking your account, be aware that this may render your dashboard and various Captiv8 services unusable. If you are an influencer included in our database and you wish to be removed from the database, please contact us at privacy@captiv8.io.

California Rights

Your Right to Know: California residents have the right to request that Captiv8 disclose the following information to you about our collection and use of your Personal Information over the past twelve (12) months.  We may ask you to provide certain information to identify yourself so that we may compare it with our records in order to verify your request.  Upon verification, we will disclose to you:

1. The categories of Personal Information we have collected about you.
2. The categories of sources for the Personal Information we have collected about you (e.g., use of cookies, third parties, etc.).
3. Our business or commercial purpose for collecting or selling your Personal Information.
4. The categories of third parties with whom we share or have shared that Personal Information.
5. The specific pieces of Personal Information we have collected about you (also called a data portability request).
6. The categories of third parties to whom we have sold or shared your Personal Information, if any, and the categories of Personal Information that we have shared with each third-party recipient, we will provide you with two separate lists disclosing:
7. Sales, identifying the Personal Information categories that each category of recipient purchased; and
8. Disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Your Right to Delete:  California residents have the right to request that Captiv8 delete any of the Personal Information collected from you and retained by us, subject to certain exceptions. We may ask you to provide certain information to identify yourself so that we may compare it with our records in order to verify your request.  Once your request is verified and we have determined that we are required to delete the requested Personal Information in accordance with the CCPA, we will delete, and direct our third-party service providers to delete, your Personal Information from their records.  Your request to delete Personal Information that we have collected may be denied if we conclude it is necessary for us to retain such Personal Information under one or more of the exceptions listed in the CCPA.

Verifying Your Request:  Only you, or a person that you authorize to act on your behalf, may make a request related to your Personal Information.  Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we have collected Personal Information or a person acting on your behalf.  We will only use the Personal Information that you have provided in a verifiable request in order to verify your request.  As stated above, we cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority.  Please note that we may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive or manifestly unfounded.

“Shine the Light” and “Eraser” Laws:  Residents of the State of California may request a list of all third parties to which we have disclosed certain information during the preceding year for those third parties’ direct marketing purposes.  For all requests under the “Shine the Light” or “Eraser” Law, please send us an email at privacy@Captiv8.io or contact us at the address stated in the Contact Us section of this Policy. We will accept requests to exercise these rights only through this email address with a subject line that indicates that you are making a request under the “Shine the Light” or “Eraser” laws and includes complete and accurate information.

Exercising Your Rights:  To exercise any of the rights described above, you or your authorized agent may submit a verifiable consumer request by email to privacy@Captiv8.io.

Non-Discrimination:  You will not receive any discriminatory treatment by us for the exercise of your privacy rights conferred by the CCPA.

Please e-mail us at privacy@Captiv8.io or contact us at the address stated in the Contact Us section of this Policy with any questions if you need assistance accessing or changing your Personal Information or if you would like to have your Personal Information deleted from our servers. Please be aware that if you delete your Personal Information, you may not be able to continue to use our Service. 

Please note that if you request that we delete your Personal Information, we may retain certain information in accordance with applicable law, including your Personal Information, to satisfy our legal, audit, dispute resolution requirements or for other business purposes. We may also retain your Non-Personal Information indefinitely.

Information about the Sale of Personal Information

Because of the broad definition of “sale” under CCPA, some information that we share with third parties may constitute the “sale” of your information.  For instance, we may share identifiers, such as cookies and the advertising identifier associated with your mobile or internet-connected device with our advertising partners, and those partners use and share those identifiers to show advertisements that are targeted to your interests.

Where we do this or otherwise “sell” your information, we will give you the opportunity to opt out by clicking the “Do Not Sell My Personal Information” link on the home page of the relevant website, mobile and online application, or other service.  Please note that, when you use these tools on our websites, you will need to renew your choices if you clear your cookies or use a new browser or device.

To opt-out of the sale of your Personal Information, please email help@captiv8.com.

The following types of information may be “sold”:

• Name;
• Email Address;
• IP Address;
• Unique Identifier;
• Information about transactions or content choices made on or in connection with our Services;
• Customer Preferences and Attributes, such as likes, interests, social media statuses and updates, pictures, and references to your online presence;
• Information related to your preferences, attitudes, online behaviors, demographics, and product and ad choices and preferences;
• Information related to your location, including your IP address;
• Information collected through cookies and web beacons; or
• Device Attributes.

Captiv8 does not have actual knowledge of any “sales” of Personal Information of minors under the age of sixteen.

European Economic Area (EEA), United Kingdom (UK) and Switzerland Rights

If you are located in the EEA, UK or Switzerland, you have certain rights under applicable data protection laws:

• The right to object to our processing of your information.
• The right to request that your information be erased or restricted from further use.
• The right to request a copy of the information we hold about you.
• The right to correct, amend, or update information you have given us (in some instances, where you have an account with us, you can also do this by logging in and updating your information).
• The right of portability, which allows you to request that we share your information with others.
• The right to contact or submit a complaint regarding our privacy practices to the EU data protection authority where you have your habitual residence, place of work, or place of the alleged infringement.

Please note that Captiv8 does not engage in any automated decision-making about you. To exercise any of the above rights email us at privacy@Captiv8.io or contact us at the address stated in the Contact Us section of this Policy.  Please note that, while we will carefully assess every request we receive, your rights may differ according to your place of residence and we may not always have to comply.  When this happens, we will explain why.

Information that is collected from the EEA, UK or Switzerland may be transferred to countries outside of the EEA, UK or Switzerland that may not provide levels of protection for your Personal Information equivalent the protection provided by the laws of the European Union including the United States.  For the purposes of such cross-border data transfers and to protect your information, we have executed Standard Contractual Clauses between us and any entities with whom we may share Personal Information of data subjects located in the EEA, UK or Switzerland.

We will retain your information as long as it is needed for our business purposes and in accordance with applicable law.

Legal Basis for Processing.  We will only collect, store, or otherwise process Personal Information collected from you in the EEA in the following situations:

• When we have your consent to do so.  For example, if you fill out a survey and provide us with protected categories of Personal Information as described in this Policy.  You can withdraw your consent at any time as described below or directly through the Services.
• When we need to use your Personal Information to perform our responsibilities under our contract with you (e.g., providing the products or Services you have requested).
• When we have a legitimate interest in processing your Personal Information.  For example, we may process your Personal Information to communicate with you about our Services and to provide, secure, and improve our Services.  You have the right to object to our processing of your Personal Information that is based on our legitimate interests.
• When we are required by law to process the information.

For the purposes of our processing of Personal Information in the EEA, we act as Data Controller or Data Processor depending on the specific processing activity.  Should you have any questions, would like to make a complaint, or would like to exercise any of your rights, please email us at privacy@Captiv8.io or contact us at the address stated in the Contact Us section of this Policy. If you have any unresolved privacy concern that we have not addressed satisfactorily after contacting us, you have the right to contact the appropriate EU Data Protection Authority and lodge a complaint.

7. Cookies and Automatic Information Gathering Technologies

Non-Personal Information (including aggregate, technical or demographic information) can also be collected through the standard operation of our internet servers and logs as well as other automatic data collection tools such as “cookies” and other similar technologies. A “cookie” is a small text file that is recorded either temporarily or persistently on your hard drive and that a website can use in order to recognize visitors who revisit a website so as to facilitate their ongoing access to and use of the website. 

Information we may collect through cookies and other similar technologies includes your browser type, language preference, operating system, referring website (if applicable), the name and type of device, the operating system of your device, your geographic location, the date and time of each user visit or request, the Social Sites or other discussion forums you visit, and the Captiv8 service endpoints that you accessed or visited during your use of the Service. 

We may gather the information we collect from each user and perform statistical analysis of the aggregated information, including analysis about the behavior of visitors to our website on an aggregated, anonymous basis. Any information we collect from you through the use of cookies, web beacons and other technologies may be shared with third parties for direct behavioral advertising or targeted advertising purposes. You may prevent our use of cookies to collect Non-Personal information about you by adjusting the option that is available in most web browsers to deny or accept cookies. Recognize, however, that cookies may be necessary in order to provide certain features such as the customized delivery of certain information. California Do Not Track Disclosure. We do not recognize or respond to browser-initiated Do Not Track signals.

8. Children

We do not knowingly collect Personal Information from children less than 13 years of age. Nor do we authorize children less than 13 years of age to use the Service. If we learn that we have inadvertently collected Personal Information from a child under the age of 13, upon receipt of notice from the child or the child’s parent or guardian, we will use reasonable efforts to delete that child’s Personal Information from our systems.

9. Information Security

We utilize a number of information security measures to safeguard your Personal Information. Unfortunately, however, no data transmission over the Internet and no method of data storage can be guaranteed to be secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we do not guarantee its security.

10. Changes to this Policy

Captiv8 may modify or update this Policy periodically with or without prior notice by posting an updated policy on the Service. You can always check the “last updated” date at the top of this document to see when the Policy was last changed. We may also post a notice of changes to this Policy on our website. We encourage you to check this Policy from time to time. Your continued use of our website and/or Service following the posting of an updated Privacy Policy constitutes your consent to the contents of such policy. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS POLICY, YOU MUST STOP USING OUR WEBSITE AND SERVICE AFTER THE EFFECTIVE DATE OF SUCH CHANGES. Please note that upon leaving the Service, any Policy in effect immediately prior to your leaving shall continue to be binding on you.

11. Contact Us

To ask questions about our Privacy Policy, obtain more information, or to lodge a complaint, contact us at: Captiv8, Inc. 217 S B Street Suite 1 San Mateo, CA 94401 E-Mail: hello@Captiv8.io