Capzul

Capzul Data Privacy Policy

At Capzul, we believe you should always understand what data we collect from you and how we use it, and that you should have meaningful control over both. We want to empower you to make the best decisions about the information that you share with us. That’s the purpose of this Privacy Policy. By using Capzul Products, you consent to the terms of this Privacy Policy. You should read this Policy in full, but here are a few key things we hope you take away from it:

  • Capzul has both public and private sharing and storing spaces. You choose how information is shared
  • Use common sense when deciding what to share and who to share with. Even if you delete something, that doesn’t mean people can’t take pictures of things that you’ve posted and share them separately.
  • When you register for Capzul, we receive some personal information from you like first name, last name, DOB, gender, email, phone, the type of device you’re using, your IP address, etc. You can also choose to share additional information with us like your address book contacts and items for your public profile. We use this information for things like keeping your account secure and allowing people to find you more easily.
  • If you have questions about this policy, how we collect or process your personal data, or anything else related to our privacy practices, we want to hear from you. You can contact us at any time at support@capzul.com.
What kinds of information do we collect and what do we do with it?

To provide you with Capzul Products, we must process your information, including your Personal Information. The types of information we collect depend on how you want to use Capzul.

What information do we collect?

To provide you with Capzul Products, we must process your information, including your Personal Information. The types of information we collect depend on how you want to use Capzul. We collect information when you create an account or use the Platform. We also collect information you share with us from third-party social network providers, and technical and behavioral information about your use of the Platform. We also collect information contained in the messages you send through our Platform and, if you grant us access, information from your phone book on your mobile device. More information about the categories and sources of information is provided below.

1.Information you choose to provide

For certain activities, such as when you register, upload content to Capzul, or contact us directly, you may provide some or all of the following information:

  • Registration information, such as age, username and password, and email or phone number
  • Profile information, such as name, and profile image
  • User-generated content, including comments, texts, photographs, audio recordings, and videos.
  • Payment information, including payment card numbers or other third-party payment information (such as PayPal) where required for the purpose of payment
  • Your phone and social network contacts, with your permission. If you choose to find other users through your phone contacts, we will access and collect the names and phone numbers and match that information against existing users of the Platform. If you choose to find other users through your social network contacts, we will collect your public profile information as well as names and profiles of your social network contacts
  • Your opt-in choices and communication preferences
  • Information in correspondence you send to us
  • Information you share through surveys or your participation in challenges, sweepstakes, or contests such as your gender, age, likeness, and preferences.
Information we obtain from other sources

We may receive the information described in this Privacy Policy from other sources, such as:

Social Media and Login Services. If you choose to link or sign up using a third-party social network or login service (such as Facebook, Twitter, Instagram, or Google), we may collect information from these services, including your contact lists for these services and information relating to your use of the Platform in relation to these services. If you link your Capzul account to another service, we may receive information about your use of that service.

Third-Party Services.We may collect information about you from third-party services, such as advertising partners, data providers, and analytics providers.

Other Users of the Platform. Sometimes other users of the Platform may provide us information about you, including through customer service inquiries.

Other Sources.We may collect information about you from other publicly available sources.

Information we collect automatically.

We automatically collect certain information from you when you use the Platform, including internet or other network activity information such as your IP address, geolocation-related data, unique device identifiers, browsing and search history and Cookies.

Usage Information.

We collect information regarding your use of Capzul and any other User Content that you generate through or upload to our Platform.

Device Information.

We collect certain information about the device you use to access Capzul, such as your IP address, user agent, mobile carrier, time zone settings, identifiers for advertising purposes, model of your device, the device system, network type, device IDs, your screen resolution and operating system, app and file names and types, keystroke patterns or rhythms, battery state, audio settings and connected audio devices. Where you log-in from multiple devices, we will be able to use your profile information to identify your activity across devices. We may also associate you with information collected from devices other than those you use to log-in to the Platform.

Location data.

We collect information about your approximate location, including location information based on your SIM card and/or IP address. With your permission, we may also collect precise location data (such as GPS).

Device Information.

We collect certain information about the device you use to access Capzul, such as your IP address, user agent, mobile carrier, time zone settings, identifiers for advertising purposes, model of your device, the device system, network type, device IDs, your screen resolution and operating system, app and file names and types, keystroke patterns or rhythms, battery state, audio settings and connected audio devices. Where you log-in from multiple devices, we will be able to use your profile information to identify your activity across devices. We may also associate you with information collected from devices other than those you use to log-in to the Platform.

Image and Audio Information

.We collect certain information about the device you use to access Capzul, such as your IP address, user agent, mobile carrier, time zone settings, identifiers for advertising purposes, model of your device, the device system, network type, device IDs, your screen resolution and operating system, app and file names and types, keystroke patterns or rhythms, battery state, audio settings and connected audio devices. Where you log-in from multiple devices, we will be able to use your profile information to identify your activity across devices. We may also associate you with information collected from devices other than those you use to log-in to the Platform. We may collect information about the images and audio that are a part of your User Content, such as identifying the objects and scenery that appear, the existence and location within an image of face and body features and attributes, the nature of the audio, and the text of the words spoken in your User Content. We may collect this information to enable special video effects, for content moderation, for demographic classification, for content and ad recommendations, and for other non-personally-identifying operations. Where required by law, we will seek any required permissions from you prior to any such collection.

Messages

Messages.We collect and process, which includes scanning and analyzing, information you provide when you compose, send, or receive messages through the Platform’s messaging functionality. That information includes the content of the message and information about when the message has been sent, received and/or read, as well as the participants of the communication. Please be aware that messages sent to other users of the Platform will be accessible by those users and that we are not responsible for the manner in which those users use or disclose messages.

Metadata

When you upload or create User Content, you automatically upload certain metadata that is connected to the User Content. Metadata describes other data and provides information about your User Content that will not always be evident to the viewer. In connection with your User Content the metadata can describe how, when, where, and by whom the piece of User Content was created, collected, or modified and how that content is formatted. It also includes information, such as your account name, that enables other users to trace back the User Content to your user account. Additionally, metadata includes data that you choose to provide with your User Content, e.g. any hashtags used to mark keywords to the video and captions.

Cookies

We use cookies and other similar technologies (e.g. web beacons, flash cookies, etc.) (“Cookies”) to automatically collect information, measure and analyze which web pages and advertisements you click on and how you use the Platform, enhance your experience using the Platform, improve the Platform, provide you with advertising on the Platform and elsewhere across your devices, and measure the effectiveness of advertisements. Cookies enable the Platform to provide certain features and functionality. Web beacons are very small images or small pieces of data embedded in images, also known as “pixel tags” or “clear GIFs,” that can recognize Cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. To learn how to disable Cookies, see the “Your choices” section below.

We and our service providers and business partners may link your contact or account information with your activity on and off our Platform across all your devices, using your email or other log-in or device information. Our service providers and business partners may use this information to display advertisements on our Platform and elsewhere online and across your devices tailored to your interests, preferences, and characteristics. We are not responsible for the privacy practices of these service providers and business partners, and the information practices of these service providers and business partners are not covered by this Privacy Policy.

We may aggregate or de-identify the information described above. Aggregated or de-identified data is not subject to this Privacy Policy.

How we use your information

As explained below, we use your information to improve, support and administer the Platform, to allow you to use its functionalities, and to fulfill and enforce our Terms of Service. We may also use your information to, among other things, show you suggestions, promote the Platform, and customize your ad experience.

We generally use the information we collect:

  • To fulfill requests for products, services, Platform functionality, support and information for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes and to solicit your feedback
  • To customize the content you see when you use the Platform. For example, we may provide you with services based on the country settings you have chosen or show you content that is similar to content that you like or interacted with
  • To send promotional materials from us or on behalf of our affiliates and trusted third parties
  • To improve and develop our Platform and conduct product development
  • To measure and understand the effectiveness of the advertising we serve to you and others and to deliver advertising
  • To make suggestions and provide a customized ad experience
  • To support the social functions of the Platform, including to permit you and other users to connect with each other through the Platform and for you and other users to share, download, and otherwise interact with User Content posted through the Platform
  • To use User Content as part of our advertising and marketing campaigns to promote the Platform
  • To understand how you use the Platform, including across your devices
  • To infer additional information about you, such as your age, gender, and interests
  • To help us detect abuse, fraud, and illegal activity on the Platform
  • To prove your identity in order to use certain features, such as livestream or verified accounts, or when you apply for a Pro Account, ensure that you are old enough to use the Platform (as required by law), or in other instances where verification may be required
  • To communicate with you, including to notify you about changes in our services
  • To enforce our terms, conditions, and policies
  • Consistent with your permissions, to provide you with location-based services, such as advertising and other personalized content
  • To inform our algorithms
  • To combine all the information we collect or receive about you for any of the foregoing purposes
  • For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
  • To facilitate sales, promotion, and purchases of goods and services and to provide user support
How we share your information

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect for business purposes.

Service Providers and Business Partners.

“We share the categories of personal information listed above with service providers and business partners to help us perform business operations and for business purposes, including research, payment processing and transaction fulfillment, database maintenance, administering special offers, technology services, deliveries, sending communications, advertising, analytics, measurement, data storage and hosting, disaster recovery, search engine optimization, marketing, and data processing. These service providers and business partners may include:

  • Payment processors and transaction fulfillment providers, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically but who do not receive your message data.
  • Customer and technical support providers, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically.
  • Research providers, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically but would not receive your payment information or message data.
  • Cloud providers, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically.
  • Advertising, marketing, and analytics vendors, who may receive the information you choose to provide, the information we obtain from other sources, and the information we collect automatically but would not receive your payment information or message data.
Within Our Corporate Group

We may share all of the information we collect with a parent, subsidiary, or other affiliate of our corporate group.

In Connection with a Sale, Merger, or Other Business Transfer

We may share all of the information we collect in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sales, or in the unlikely event of bankruptcy.

For Legal Reasons

We may disclose any of the information we collect to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims, or government inquiries, and to protect and defend the rights, interests, safety, and security of Capzul Inc., the Platform, our affiliates, users, or the public. We may also share any of the information we collect to enforce any terms applicable to the Platform, to exercise or defend any legal claims, and comply with any applicable law.

With Your Consent

We may share your information for other purposes pursuant to your consent or at your direction.

If you access third-party services, such as Facebook, Google, or Twitter, to login to the Platform or to share information about your usage on the Platform with others, these third-party services may be able to collect information about you, including information about your activity on the Platform, and they may notify your connections on the third-party services about your use of the Platform, in accordance with their privacy policies. If you choose to allow a third-party service to access your account, we will share certain information about you with the third party. Depending on the permissions you grant, the third party may be able to obtain your account information and other information you choose to provide. If you choose to engage in public activities on the Platform, you should be aware that any information you share may be read, collected, or used by other users. You should use caution in disclosing personal information while using the Platform. We are not responsible for the information you choose to submit.

Your Rights

You may submit a request to access or delete the information we have collected about you by sending your request to us at the email or physical address provided in the Contact section at the bottom of this policy. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent. To designate an authorized agent to exercise choices on your behalf, please provide evidence that you have given such agent power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. We will respond to your request consistent with applicable law and subject to proper verification. We will verify your request by asking you to send it from the email address associated with your account or to provide information necessary to verify your account. We do not discriminate based on the exercise of any privacy rights that you might have.

Your Choices

  • You may be able to control some of the information we collect by adjusting your browser settings to refuse or disable Cookies. Because each browser is different, please consult the instructions provided by your browser. Please note that you may need to take additional steps to refuse or disable certain types of Cookies. In addition, your choice to disable cookies is specific to the particular browser or device that you are using when you disable cookies, so you may need to separately disable cookies for each type of browser or device. If you choose to refuse, disable, or delete Cookies, some of the functionality of the Platform may no longer be available to you. Without this information, we are not able to provide you with all the requested services.
  • Depending on the version of the Platform you are using, you may be able to decide whether you see certain types of interest-based advertising on the Platform by visiting your in-app settings.
  • You may be able to manage third-party advertising preferences for some of the third parties we work with to serve advertising across the Internet.
  • Your device may have controls that determine what information we collect or how we can use that information. For example, you can control whether we can use your mobile advertising identifier for advertising through settings on your Apple and Android devices.
  • You can opt out of marketing or advertising emails by using the “unsubscribe” link or mechanism noted in marketing or advertising emails.
  • If you previously chose to share precise location information, you can prevent your device from sharing precise location information (e.g. GPS location information) with the Platform at any time through your device’s operating system settings.
  • If you have registered for an account, you may access, review, and update certain personal information that you have provided to us by logging into your account and using available features and functionalities.
  • Some browsers transmit “do-not-track” signals to websites. Because of differences in how browsers incorporate and activate this feature, we currently do not take action in response to these signals.
Security and Storage

We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

Children

The privacy of users under the age of 13 (“Younger Users”) is important to us. We provide a separate experience for Younger Users in the United States on the Children’s Platform, in which we collect only limited information.

The Platform otherwise is not directed at children under the age of 13. If we become aware that personal information has been collected on the Platform from a person under the age of 13 we will

delete this information and terminate the person’s account. If you believe that we have collected information from a child under the age of 13 on the Platform, contact us at support@capzul.com.

How is this information shared?

Although as noted below we do not share your Personal Information with third parties except as identified, there are other ways in which your Personal Information might be shared:

  • Sharing on Capzul Products:When you share and communicate using Capzul, you choose the audience for what you share. For example, when you upload something on Capzul, you select the way you want to share it. You can keep things completely private or share on your newsfeed, or with a group.
  • Content others share or reshare about you: You should consider who you choose to share with, because people who can see your activity on Capzul can choose to share it with others on and off of Capzul, including people and businesses outside the audience you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot, or reshare that content to others. Also, when you comment on someone else’s post or react to their content, your comment or reaction is visible to anyone who can see the other person’s content, and that person can change the audience later.People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you on their newsfeed, mention you in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products and want to report the content, use the Report link that is near the content itself.
  • Corporate accounts.We may provide corporate Capzul users with access to aggregate reports outlining the kinds of people seeing their pages and how their pages are performing, but we don’t share information that personally identifies you. Corporate accounts will only have access to see aggregate, anonymized information for people that are specifically following them.
  • Partners offering goods and services in our ProductsWhen you subscribe to receive premium content, or buy something from a seller, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details.
How long is my information stored?

We store data until it is no longer necessary to provide our services and Capzul Products, or until your account is deleted – whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. When you delete your account, we delete things you have posted, such as your photos and status updates, and you won’t be able to recover that information later. Information that you have shared with others or information others have shared about you isn’t part of your account and won’t be deleted. This includes instant messages you might have sent through use of the Capzul Products. If you don’t want to delete your account but want to temporarily stop using the Products, you can disable your account instead. To delete your account at any time, please visit your Settings.

How is this information shared?

We access, preserve and share your Personal Information with regulators, law enforcement or others in the following circumstances:

  • In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so.
  • When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products.
  • Information we receive about you (including financial transaction data related to purchases made with Capzul) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.
Other Rights
Sharing for Direct Marketing Purposes (Shine the Light)

If you are a California resident, once a calendar year, you may be entitled to obtain information about personal information that we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information, as well as the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To submit a request, contact us at: support@capzul.com.

Content Removal for Users Under 18

Users of the Platform who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by contacting us at: support@capzul.com. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the user Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may be republished or reposted by another user or third party.

How do I exercise my rights?<

Although as noted below we do not share your Personal Information with third parties except as identified, there are other ways in which your Personal Information might be shared:

  • Requests for InformationYou may request that we provide certain information about our use of your personal information, as specified above. To do so, you may submit a request via email at support@capzul.com.. Upon receiving a request from a User, we will take reasonable steps to verify the User’s identity. You must provide us with sufficient information to verify your identity, which may include first, last, DOB, etc. We will respond to a verified User request by: (a) providing the requested information; or (b) explaining to the User why the Act does not require us to provide the requested information.We will respond to requests for information within 45 days. If a response requires additional time, we will notify the User of the basis for the delay and may extend our response period up to an additional 90 days. Unless there is a reason to deny a request, we will provide the information covering the 12 months preceding the request, free of charge, and in a readily useable portable format. We have no obligation to provide personal information to a User more than twice in a 12-month period. If a request or series of requests are manifestly unfounded or excessive, we may charge a reasonable fee for processing the request(s), or may refuse to process the request(s).
  • Requests to DeleteYou may request that we delete your Personal Information by deleting your entire account at any time through your settings. However, You should know that, for technical reasons, the Personal Information and Content You delete may persist for a limited period of time in backup copies (though it will not be visible to other users).Your Content will be accessible for 30 days from the date you initiate the deletion process. Once the 30-day period has ended, your account and ALL of your Content, will be permanently deleted and cannot be recovered. Please download any Content you need prior to the end of that 30-day period.
10.Our commitment to data security.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have instituted and maintain commercially appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Only authorized employees, agents, and contractors (who have agreed to keep information secure and confidential) have access to the information stored within users’ accounts.

Despite these safeguards, no website, database, or system is completely secure or “hacker proof,” so we recommend that you take additional measures to protect yourself and your information, including by ensuring that you have enabled the latest security features on your devices, closing browsers after use, and installing up-to-date anti-virus software.

11.Our commitment to children’s privacy.

Protecting the privacy of the very young is especially important. For that reason, no part of our website is structured to attract anyone under the age of thirteen (13). We do not knowingly collect any Personal Information from children younger than the age of thirteen (13) without parental consent as required by U.S. law. We will delete any Personal Information collected that we later determine to be from a user younger than the age of thirteen (13) if not provided through parental consent. If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed Personal Information to us without parental, please contact us at support@capzul.com.

12.What if I am in the European Economic Area?

We do not market our services to residents in Europe, nor do we have a place of business in Europe. We are thus not subject to Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of Personal Information and free movement of such Information, known as the General Data Protection Regulation (“GDPR”).

If you reside in the European Economic Area (EEA), please be aware that if you voluntarily provide us any personal information, that information will be transferred from the EU to data centers located in the United States for processing.

Although we are not subject to the GDPR, nevertheless we will honor your data privacy rights upon request. If you are a resident of the EEA, you have the right, as applicable under the GDPR, to the following:

  • Request an accounting of Personal Information that we possess that pertains to you in an electronically portable format (e.g., electronic copies of information attached to an email).
  • Request that we correct or update Personal Information that pertains to you.
  • Request that we delete Personal Information that pertains to you.
  • Fully or partially withdraw your consent to the collection, processing, and/or transfer of your Personal Information.

If you believe we are unlawfully possessing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find contact details here: https://edpb.europa.eu/about-edpb/board/members_en.

To request an accounting of your Personal Information, a correction or update to your Personal Information, deletion of your Personal Information, or to withdraw your consent to the collection, processing, and/or transfer of your Personal Information, please contact us at support@capzul.com. Once we have received notification that you withdraw your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are legitimate grounds for further processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

14.Accessibility for People with Disabilities.

If you have a disability, Capzul provides access to this Privacy Policy by calling 1-844-888-0356.

15.How will we notify you of changes to this policy?

We make changes to this Privacy Policy from time to time, and ask that you periodically check in to read through the Policy. Before we make significant changes to this Policy, we will notify you.

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