Privacy Policy – Capitan

Your Privacy Rights

Effective Date: March 18, 2021

This Privacy Policy describes the types of information gathered by Capitan Technologies, Inc. (“Capitan”, “us” or “we”) in the process of providing https://www.hellocapitan.com/ (the “Site”), a software application for mobile devices (the “App”), and the data, services, information, tools, functionality, updates and similar materials (collectively, the “Service”), how we use the information, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information, and our efforts to protect the information you provide to us through the Service.

By using the Service, you hereby consent to allow us to process information in accordance with this Privacy Policy. Please also refer to our Terms of Service, which are incorporated as if fully recited herein. Terms defined in the Terms of Service that are not defined herein shall have the same definition as in the Terms of Service.

This policy is subject to change. If our information retention or usage practices change, we will let you know by posting the Privacy Policy changes on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Privacy Policy means you accept such changes. Please refer to the “Effective Date” above to see when this Policy was last updated.

Territoriality
Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE SITE AND USING THE SERVICE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND, TO THE EXTENT POSSIBLE, THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

This Privacy Policy may be subject to the provisions of the EU General Data Protection Regulation (“EU GDPR”), the UK General Data Protection Regulation (“UK-GDPR”, and together with the EU GDPR, the “GDPR”), and other applicable privacy laws. Under the GDPR, Capitan is both a data “Controller” and a data “Processor.” If you are an individual who resides in the United Kingdom, Northern Ireland, the European Union, or Switzerland (collectively, and for the purposes of this Privacy Policy, the “EEA”), you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.” We will take commercially reasonable steps to maintain compliance with GDPR. Your Personal Data may identify you as a person, and thus may be referred to in this Privacy Policy as Personally Identifiable Information (“PII”).

1. Who Collects Your Information On Our Service?

We do. Under the GDPR, Capitan is what is known as a “Controller” and a “Processor” of the Personal Data that you provide us with. We collect information from you on the Service, and we are responsible for protection of your information.

2. What Information Does Capitan Collect?

A. Personal Information. We collect certain personal information about you, which may be supplied when you register for the Service, when you create or update an account, when you use the Service, when you request services, otherwise when you submit such information, and from third parties such as your gym when it uses our CRM Services. The types of personal information we collect and save include:

Name, physical address, phone number, email address, and user name;
Information that our Client’s may provide in using our CRM Services, such as information about your clients, including, but not limited to their driver’s license number, date of birth or age, credit card number or payment method information; and
Technical information collected in our logs, such information may include standard web log entries that contain your IP address, browser history, first-party cookies (session and persistent), third-party cookies, notifications of when you have read an email that we sent you, web beacons, page URL, and timestamp.

You may provide us with information when you interact with us through email, submit a review or a post, or through other use of the Service. We may retain such information in order to provide you with services, and you agree that we may share this information as needed with other users in order to resolve any issues that may arise between you and another user of the Service.

The Service may record photos, audio, and video if you permit such access in order to use certain features of the Service. The Service may also send you push notifications, collect your location information, and request permission to access your photo gallery, camera roll or other device storage area holding your images, audio, and videos in order for you to upload and transmit them through the Service.

The Service may also access the internet or use your mobile data plan in order to use certain features of the Service

B. Non-personal Information. Non-personal information is non-personally identifiable or anonymous information about you, including but not limited to browser information, the pages accessed most frequently, how pages and features are used, time spent on a page, when and how you use the App, applications downloaded, search terms entered, and similar non-personal data.

Automatically tracking Internet Protocol (IP) addresses is one method of automatically collecting information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your device whenever you surf the internet. Further, the Service may utilize web beacons, pixel tags, third-party cookies, embedded links, and other commonly used information-gathering tools.

If non-personal information is paired to any of your PII, we will treat the non-personal information as if it were also PII.

Part of the purpose of the Service is to share materials you make available. Anything you publicly post will not be considered personal information.

C. Aggregate Information. We may also collect anonymous, non-identifying and aggregate information, the date and time of any request you make, your language preference, pages you visit, the referring website, the website you go to immediately after visiting our Site, and the domain name of your Internet service provider.

3. Why Is My Information Being Collected?

We accept and gather information in an effort to provide the Service to you. We need to collect your personal information so that we can respond to your requests for information or to be added to our email lists, enforce our Terms of Service, and otherwise provide the Service. We also collect aggregate information to help us better design the Service. We collect log information for monitoring purposes to help us to diagnose problems with our servers, administer the Service, calculate usage levels, and otherwise provide services to you.

4. How Do We Use the Information We Collect?

A. We use the personal information you provide for the purposes for which you have submitted it, including:

Internal Uses. We may use your PII to respond to your inquiries, to fulfill your requests for information, track usage trends, conduct usage experiments, develop and improve the Service and other offerings, and perform research and analytics.

Creating and Maintaining Your Account. We may use your PII to create and maintain an account for you to allow use of the Service.
Communicating With You About Our Services. We may use your PII to send you information about new services and other items that may be of interest to you.
Sending Administrative and Promotional Emails. We may use your PII to send you emails to: (a) confirm your account information and your other PII; (b) confirm registration; (c) provide you with information regarding the Service; (d) inform you of changes to this Privacy Policy, our Terms of Service, or our other terms, conditions, or policies; or (e) provide you with information on our other services and products, or promotions related to the Service or our other services and products.
Sending You Mail. We may use your PII to send you materials at your postal address.

B. We may use anonymous information that we collect to improve the design and content of our Service, and to enable us to personalize your internet experience. We also may use this information in the aggregate to analyze how our Site is used, as well as to offer you programs or services. We may use any anonymous, aggregate information, which may include or be based on your information, without restriction.

5. Do We Share Your Personal Information?

We will not share your personal information except: (a) for the purposes for which you provided it; (b) with your consent; (c) as may be required by law or as we think necessary to protect our organization or others from injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); (d) with our corporate clients that are using our CRM Services; or (e) with persons or organizations with whom we contract to carry out internal operations or business activities. Upon notice to you, we may share your personal information with our business partners, such as our marketing partners and event co-hosts.

We may also share aggregate information with others, including affiliated and non-affiliated organizations.

Finally, we may transfer your personal information to a third party, or our successor-in-interest, in connection with, or as the result of, an acquisition, sale, merger, reorganization or bankruptcy involving our company.

6. How Can You Access And Control Your Information?

After becoming a user of the Service, you may revise or edit your information through your Account, or by sending us an email to info@hellocapitan.com. For instructions on how you can further access your personal information that we have collected, or how to correct errors in such information, please send an e-mail to info@hellocapitan.com. We will also promptly stop using your information and remove it from our servers and database at any time upon your e-mail request to do so. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections, or removing your information. You may opt-out of promotional emails via the unsubscribe link in any such promotional email from us or by emailing us at info@hellocapitan.com.

7. How Do We Store and Protect Your Information?

A. After receiving your personal information, we will store it on our servers for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect including, but not limited to, strong encryption, firewall protection, and industry best practice authentication. Unfortunately, no data transmission over the internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information, we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers’ systems.

B. If you are visiting the Site from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in our servers and internal systems located within the USA.

C. We retain and store your PII until you request us to remove it from our servers. We store our logs and other technical records indefinitely.

8. How Do We Use Cookies And Other Network Technologies?

A. To enhance your online experience with us, our web pages may presently or in the future use “cookies.” Cookies are text files that our web server may place on your computer or mobile device to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other PII unless you choose to provide this information to us. Once you choose to provide PII, however, this information may be linked to the data stored in the cookie. Although it may be possible to turn off the collection of cookies through your device or browser, certain features of the Services may not function properly without the aid of cookies.

B. Our Service uses Google Analytics, provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”). Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may collect information regarding the use of other websites, apps and online resources. For more information on how Google uses data when you use our Site, App, or Service, please follow this link: https://policies.google.com/technologies/partner-sites. You may be able to opt-out of some or all of Google Analytics features by downloading the Google Analytics opt-out browser add-on, available at, https://tools.google.com/dlpage/gaoptout. For more information about interest-based ads, or to opt-out of having your web browsing information used for behavioral advertising purposes, please visit http://optout.aboutads.info.

C. Capitan or its service providers may also use “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some of our Site pages and HTML-formatted email messages for purposes of, among other things, compiling aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to website visitors and may be associated with cookies on visitors’ computers or mobile devices. Pixel Tags allow us and our service providers to count users who have visited certain pages of our Site, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can inform the sender of the email whether and when the email has been opened.

D. As you use the internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as “clickstream data”, can be collected and stored by a website’s server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to our Site. We may use clickstream data as a form of non-personally identifiable information to determine how much time visitors spend on each page of our Site, how visitors navigate through the Site, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our Site, App and Services.

E. Do Not Track. At present, the Site does not specifically respond to browser do-not-track signals.

10. Collection of Information by Others.

Our Terms of Service document identifies certain third party websites to which we may provide links, and that you may click on our Site or in our Service. This Privacy Policy is only applicable to our Service. Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.

11. ‘EEA’ Privacy Rights.

If you currently reside in the EEA, the GDPR applies to your PII and you are a Data Subject. The GDPR requires that we, in our capacity as a Controller, have a legal basis to process your PII.

A. We process your PII under one or more of the following legal bases:

Processing is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
To perform the contract that we are about to enter with you (e.g., our Terms of Service);
To comply with a legal obligation; and/or
If we have your consent to do so, such consent capable of being revoked at any time.

B. Under the GDPR, as a Data Subject you have certain rights. They are:

The right to be informed. This is your right to be informed about what we are processing, why, and who else the data may be passed to.
The right of access. This is your right to see what data about you is held by us.
The right to rectification. This is the right to have your data corrected or amended if what is held is incorrect in some way.
The right to be forgotten. This is the right to have your personal data to be deleted in the event that such data is no longer required for the purposes it was collected for, your consent for the processing of the data is withdrawn, or the data is being unlawfully processed.
The right to restrict processing. This is the right to ask for a temporary halt to processing of your personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
The right to data portability. This is the right to ask for your personal data to be provided to you in a structured, commonly used, and machine-readable format.
The right to object. This is the right to object to further processing your personal data if such processing is inconsistent with the primary purposes for which it was collected.
Rights in relation to automated decision making and profiling. This is the right to not be subject to a decision based solely on automated processing. The Service does not engage in automated decision making and profiling.

You can find instructions for enforcing some of these rights elsewhere in this Privacy Policy. Otherwise, if you wish to find out more about these rights, please contact us at info@hellocapitan.com.

12. Children and Young People’s Information.

Our Service is designed to comply with the Children’s Online Privacy Protection Act (“COPPA”), and associated Federal Trade Commission (“FTC”) rules for collecting personal information of/from minors. Under COPPA, Capitan is an “operator” and as such subject to certain obligations under COPPA with regard to Personal Information pertaining to children under the age of 13. We endeavor to not collect, use, or disclose the Personal Information of a child under the age of 13 without the verified consent of their parent.

Upon signing up for an Account, we will verify the parent or guardian’s consent by collecting their full credit card information and billing them for the requested monetary transactions. If however, no transaction is requested, we may still collect the parent’s credit card information for the purposes of obtaining verified consent, and will verify consent by charging the card a nominal non-refundable fee.

Once verified parental consent is received, and we have collected, used and disclosed the Personal Information of your child as described above in this Privacy Policy, we shall employ the same measures to protect its confidentiality as we do any other PII. Our Site will not knowingly accept Personal Information from anyone under 13 years old in violation of applicable laws, without verifiable consent of a parent. In the event that we discover that a child under the age of 13 has provided PII to us, we will make efforts to delete the child’s information in accordance with the COPPA.

Notwithstanding anything to the contrary herein, we shall not retain the Personal Information of any child under the age of 13 longer than is reasonably necessary to fulfill the Service requested, to allow the child to participate in the Service, to ensure the security of our users and our Services, or as otherwise required by applicable law.

A parent may review, edit, object to additional processing, or request the deletion of their child’s Personal Information by emailing us at info@hellocapitan.com. To protect the child’s privacy and security, we shall take reasonable steps to verify the identity of the parent before giving them access to such PII. We shall also delete a child’s personal information in the event that we find it is collected, used, or disclosed in a manner that is inconsistent of COPPA’s requirements, or immediately seek the parent’s consent for the same. If you believe that your child under 13 has gained access to our Site without your permission, please contact us at info@hellocapitan.com.

Please see the FTC’s website (www.ftc.gov) for more information on COPPA.

13. California Privacy Rights

California law allows California residents to request information regarding our disclosures to third parties in the prior calendar year, if any, of their personally identifiable information. To make such a request, please contact us at info@hellocapitan.com with “Request for Privacy Information” in the subject line. Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.

14. Contact Information

If you have any questions or suggestions regarding our Privacy Policy, please contact us via e-mail at info@hellocapitan.com.

Copyright © Capitan Technologies, Inc. All rights reserved. The Service is the property of Capitan, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Service, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.