Capsll may collect various types of information from or about you depending on how you use the Services and its various features. You supply Capsll with various types of information, including Personal Information that you choose to disclose and Capsll also collects information automatically regarding how you use the Services, which Capsll may collect as you interact with the Services.
With respect to Personal Information, you may provide Capsll with various types of information, including, without limitation, you and your name, address, telephone number, e-mail address, transaction information, as well as billing and payment information that you voluntarily provide through the Services. This information is generally entered into fields in the registration or subscription forms, regardless of whether submitted, and enables you to take full advantage of the Services. If you submit any purchase information on or for the Services, the information that you supply during the process may be used to track details about those purchases or uses. Capsll may collect Personal Information from you and other Users, customers, and visitors to the Website or Users of the Services. If at any time you wish to be removed from Capsll’s email database, you can request removal by contacting Capsll at email@example.com or through the Capsll app on your iOS or Android devices. Capsll reserves the right to contact you via postal mail, email, or telephone for the purpose of administering your account.
Capsll may also retain the content of and metadata regarding any correspondence you may have with Capsll or its customer service representatives or other employees or contractors, regardless of the mode of communication by which such correspondence occurred. This includes, without limitation, any information contained and consented to, as described in the Terms of Service. This information helps Capsll to improve the Services and the materials, products, and services that are offered on the Services, and to more effectively and efficiently respond to both current and future inquiries.
When you access and use the Services, Capsll may use technology to automatically collect:
Capsll does not plan to monetize the data it collects from you, nor does it plan to use the data you provide to generate targeted ads based on your data, but it may in the future. Furthermore, Capsll respects the privacy of your data and does not plan to sell your data to any other entities, but it may in the futureI. If, in the future, Capsll does plan to use or sell the data you provide, Capsll will notify you prior to such use or sale and allow you a reasonable opportunity to opt out of such use and/or sale. However, iIf you still do not want Capsll to collect this information, do not access the Services. Capsll also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services.
As with many other websites and mobile applications, the web servers used to operate the Services collect certain data pertaining to you and the equipment and communication methods that you use to access the internet and the Services. Without combining this data with other sources of information, the servers do not readily identify you. They do, however, reveal such things as the IP address assigned to your Device, pages you accessed on the Services or immediately prior to using the Services, and the length of time you accessed the Services. This information is collected to, among other things, facilitate Services operation and system administration, to generate aggregate, non-identifiable statistical information, and to improve content and content delivery with regard to the Services and the materials, products, and services that Capsll makes available on and through the Services.
If you send someone else a communication from the Service, such as sending an invitation to a friend or communicating with third parties, the information you provide (such as names, email addresses, mobile number, etc.) is used to facilitate the communication and is not used by Capsll for any other marketing purpose unless Capsll obtains consent from that person or Capsll explicitly says otherwise. Please be aware that when you use any send-to-a-friend functionality on the Services, your email address, mobile number, name or username and message may be included in the communication sent to your addressee(s). Additionally, any communication with more than one friend may include your Personal Information or the Personal Information of each third party. If you provide Capsll with the information of another person, you must have their consent to do so.
As part of the Service, Capsll provides users with a secure, digital time capsule (a “Private Capsll”) to store information in video, photographic, or audio format. Other than for the sole purpose of securely storing the information saved in a Private Capsll, this information is never collected, viewed, copied, disseminated, or otherwise made available to any third-party (except as directed by you in accordance with the Terms of Service or required by applicable law).
Capsll uses “cookies” (small text files stored on your computer) to help track and customize your access and use of the Services. Cookies store and retain information that helps Capsll recognize you when you return to the Services following a previous visit. Cookies may also store any login or ID assigned to you by Capsll and the associated password, which information would be stored in encrypted form. Most popular internet browser packages allow you to configure the browser so as to not accept cookies if you so choose. However, setting your browser to reject cookies may prevent you from taking full advantage of the Services and the materials, products, and other services that Capsll makes available on or through the Services.
Capsll may also use the following:
Flash Cookies. Certain features of the Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see How Does Capsll Use the Information It Collects below.
Web Beacons. Portions of the Services and e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Capsll to, for example, count Users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
You can review and change your Personal Information by sending an email to firstname.lastname@example.org to request access to, correct, or delete any Personal Information that you have provided to Capsll. Capsll may be unable to delete your Personal Information without removing your access to and use of all or significant portions of the Services. Capsll may not accommodate a request to change information if it believes the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your Content (as defined in the Terms of Service) or User Contributions (as defined in the Terms of Service), copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Users. Proper access and use of information provided on the Services, including User Contributions, is governed by the Terms of Service.
California residents may have additional Personal Information rights and choices. Please see YOUR CALIFORNIA PRIVACY RIGHTS below for more information.
If you are a California resident, California law may provide you with additional rights regarding Capsll’s use of your Personal Information under the California Consumer Privacy Act (“CCPA”). Depending on the circumstances and which Services you use, if applicable, Capsll has disclosed the following categories of your Personal Information for a “business purpose” (as defined in the CCPA) in the preceding twelve (12) months: identifiers; protected characteristics; commercial information; geolocation data; internet or other electronic network activity information; financial, medical, or health insurance information; audio, electronic, visual, thermal, olfactory, or similar information; professional information; education information; and inferences drawn from any of the aforementioned information categories. For more details about the Personal Information Capsll has collected over the last 12 months, please see the WHAT INFORMATION IS COLLECTED? section above. Capsll collects this information for, among other things, the business and commercial purposes described in the HOW DOES CAPSLL USE THE INFORMATION IT COLLECTS? section below. Capsll shares this information with, among others, the categories of third parties described in the HOW CAPSLL SHARES AND DISCLOSES YOUR INFORMATION section below.
Capsll does not “Sell” (as such term is defined in the CCPA) the Personal Information it collects but may in the future. The CCPA considers some transfers of Personal Information to third parties in exchange for value as a “Sale,” even if no money changes hands, such as when online identifiers, Device IDs, and other information is shared with third-party businesses to further their own commercial purposes such as generating profiles about individuals. In the event Capsll decides to Sell your Personal Information, California residents have the right to opt-out of the Sale. Please note that Capsll can still share Personal Information with third parties if those transfers aren’t “sales,” such as with Capsll’s Service Providers (as defined in the CCPA). Additionally, Capsll may use third-party cookies for advertising purposes as further described above.
Subject to certain limitations, the CCPA permits Users of the Services that are California residents to (i) request more information regarding Capsll’s collection of specific categories or pieces of information (including how Capsll uses and discloses the information), (ii) request that Capsll delete your Personal Information, (iii) request to opt out of any “sales” that may be occurring, and (iv) not be discriminated against for exercising any of these rights.
California residents may make such a request pursuant to their rights under the CCPA by sending an email to email@example.com. Capsll will verify your request using the information associated with your account, including email address. Government identification may be required. California residents may also designate an authorized agent to exercise these rights on their behalf. To learn more about your California privacy rights email firstname.lastname@example.org or visit https://www.caprivacy.org.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Services that are California residents to request certain information regarding Capsll’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write to Capsll at the address below.
This section describes how Capsll may share and disclose your information. Capsll does not control how you or any other third party choose to share or disclose your information.
Capsll will solely share and disclose your information in accordance with your instructions and in accordance with applicable law and legal process.
Capsll will not disclose any personally identifiable information or other information it collects, through the Services or otherwise, to any parties other than those specifically designated by you, unless it is required to do so by law in order to (a) fulfill a legitimate government request; (b) conform with the requirements of law or to comply with legal process served on it; (c) protect or defend its legal rights or property or third party licensors of any material on the Services; or (d) in an emergency to protect the health or safety of the Users of the Services or the general public.
Capsll may share your information to individuals outside of Capsll, including, without limitation, its affiliates, Service Providers, or to any third parties. Currently, Capsll does not Sell, trade, or otherwise transfer to outside parties your personally identifiable information for a referral fee, but it may do so in the future. Capsll, in its sole discretion, may also release your information when it believes release is appropriate to comply with applicable law, enforce Services policies, or protect Capsll’s or others’ rights, property, or safety. Additional non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
As Capsll continues to grow and develop its business, it is possible that its corporate structure might change or that it might merge or otherwise combine with, or that substantially all of its assets might be acquired by, another company. In any such transactions, customer information generally is, will most probably be, and should be expected to be one of the transferred business assets.
Capsll, its licensees, and affiliates may use your information for the following business purposes:
Capsll strives to provide you with choices regarding the Personal Information you provide to it. It has created mechanisms to provide you with the following control over your information:
Disclosure of Your Information for Third-Party Advertising. Capsll will never disclose your Personal Information with any non-agent or third parties for promotional purposes. However, Capsll cannot guarantee that Personal Information collected by third parties as a result of your use of the Service will not be used by such third parties for promotional purposes.
Promotional Offers from Capsll. If you do not wish to have your email address or contact information used by Capsll to promote its own products or services, you can opt out by sending an email stating your request to firstname.lastname@example.org. If Capsll has sent you a promotional email, you may send a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to Capsll as a result of a purchase made through the Services.
Targeted Advertising. Capsll will not use information that it collects or that you provide to it to deliver advertisements according to its advertisers’ target-audience preferences; but third parties may. You can opt out by visiting Google’s advertising opt-out page. Please note, Capsll does not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose to not have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative on the Network Advertising Initiative’s website.
In addition to the uses mentioned or described above, Capsll uses the information that it collects from or about you to improve the materials, products, and other services that it makes available on the Services, to notify you of changes made to the Services or new products or services made available on or through the Services, to evaluate your needs and customize content delivered through the Services to you according to those needs, to facilitate the processing of any purchases or uses you make through the Services, to send you promotional material from Capsll and its affiliates, and for other legitimate and lawful business purposes of Capsll. Other than to the extent necessary or convenient for Capsll to perform the Terms of Service, Capsll does not share information collected about you with third parties. Capsll may partner with third parties, such as for certain special programs that it offers in connection with some of its business affiliates, which may involve special promotions and/or pricing. In such a case, Capsll may inform you of any special programs or promotions, and you will have the option to register to participate. If you register as a participant in one of those programs, Capsll will acknowledge your registration and notify its applicable business affiliates of your registration, thereby enabling you to receive the corresponding program benefits. It is Capsll’s policy not to sell lists containing Personal Information about Users, purchasers, registrants, or subscribers. You have the right to withdraw consent to marketing at any time by contacting Capsll at email@example.com.
Capsll places a high value on protecting information transmitted via the Services. For this reason, Capsll uses state-of-the-art security solutions to process payments and to provide secure communication methods. Capsll’s payment services providers use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard User information. Other security safeguards include, but are not limited to, third-party payment processors, data encryption, firewalls, and physical access controls to files. Capsll does not store payment information. Capsll takes commercially reasonable measures to secure and protect customer-specific information transmitted via the Services. However, no security system is impenetrable. CAPSLL CANNOT AND DOES NOT GUARANTEE AND HEREBY EXPRESSLY DISCLAIMS THAT INFORMATION USERS SUPPLY TO CAPSLL OR ON THE SERVICES WILL BE TOTALLY SECURE.
Capsll will only retain your personal data for as long as reasonably necessary to fulfill the purposes it collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. Capsll may retain your personal data for a longer period in the event of a complaint or if it reasonably believes there is a prospect of litigation in respect to its relationship with you. To determine the appropriate retention period for personal data, Capsll considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which it processes your personal data, and whether it can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
You may update at any time the information about you derived from information you have provided to Capsll. You may also ask Capsll at any time to remove your name from the list of Users who wish to receive electronic communications and e-mail advertisements from Capsll or its affiliates by simply sending such a request to Capsll at the addresses given below. Once you opt out, Capsll will honor your choice until you inform it otherwise. Please remember, however, that if Capsll has already shared information about you pursuant to your registration and participation in any special programs of its business affiliates (as described above), Capsll has no control over how such business affiliates may further use that information, and you will need to contact them directly in that regard.
Subject to applicable law, you also have the right to (i) restrict Capsll’s use of information that constitutes your personal data and (ii) lodge a complaint with your local data protection authority.
If you are a resident of the European Economic Area and believe Capsll maintains your personal data within the scope of the GDPR, you may direct your questions or complaints to Capsll or your local supervisory authority. However, the Services are controlled, operated, and administered by Capsll from Capsll’s offices within the United States of America and are specifically designed and intended only for Users located within the United States.
You have the right to any of the following at any time:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data Capsll holds about you and to check that it is lawfully processing it.
Request correction of the personal data that Capsll holds about you. This enables you to have any incomplete or inaccurate data Capsll holds about you corrected, though it may need to verify the accuracy of the new data you provide to it.
Request erasure of your personal data. This enables you to ask Capsll to delete or remove personal data where there is no good reason for it continuing to process it. You also have the right to ask Capsll to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where Capsll may have processed your information unlawfully, or where Capsll is required to erase your personal data to comply with local law. Note, however, that Capsll may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, within a reasonable amount of time after your request.
Object to processing of your personal data where Capsll is relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where Capsll is processing your personal data for direct marketing purposes. In some cases, Capsll may demonstrate that it has compelling legitimate grounds to process your information, which override your rights and freedoms, and will provide you with a summary of such compelling legitimate grounds.
Request restriction of processing of your personal data. This enables you to ask Capsll to suspend the processing of your personal data in the following scenarios:
Request the transfer of your personal data to you or to a third party. Capsll will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for Capsll to use or where Capsll used the information to perform a contract with you.
Withdraw consent at any time where Capsll is relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, Capsll may not be able to provide certain products or services to you. Capsll will advise you if this is the case at the time you withdraw your consent.
Any request made by you will be processed within thirty (30) days of you providing notice to Capsll.
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