Capshare Media, Inc.

PRIVACY POLICY

Welcome to Capshare, the online and mobile service of Capshare Media, Inc. (“Capshare,” “we,” or “us”).  Our Privacy Policy explains how we collect, use, disclose, and protect information that applies to our Service, and your choices about the collection and use of your information.  Capshare is committed to protecting the privacy of all visitors, users and others who access our Service (“you,” or “Users”).  This Privacy Policy applies to our website located at http://www.capsharemedia.com/, and our online and/or mobile services and the software provided on or in connection with the Capshare services (collectively, our “Service”).  Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.

 

1.     INFORMATION WE COLLECT

Generally.  We collect personal information from our Users in order to provide you with a personalized, useful and efficient experience. The categories of information we collect can include:

Š       Information you provide to Capshare. We may collect and store personal information you provide to our Service when you register for an account or that you provide to us in some other manner, including, without limitation, your name, email address, user name, password, date of birth, city of residence, and gender. We may also collect any communications between you and Capshare, as well as any information you provide if you take part in any interactive features of the Service (e.g., games, contests, promotions, surveys, etc.).

 

Š       User Content.  We collect your personal information contained in any User Content you share, store, submit, or otherwise make available to the Service, which may include photo, video or other image files, music works, sound recording, narration, written forum comments, information, data, text, scripts, graphics and interactive features generated, provided or otherwise made accessible by Capshare.

 

Š       Information we receive from social networking sites and other services.  When you interact with our Service or share your User Content through various social media or other third-party services, such as when you login or share User Content through Facebook, Twitter, or email, we may receive information from the social network or other third-party service, including your profile information, profile picture, gender, user name, email address, user ID associated with your social media account, age range, language, country, friends list, friends’ contact information, and any other information you permit the social network or service to share with third parties. The data we receive is dependent upon your privacy settings with the social network or other third-party service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Service.

 

Š       Inviting a friend to use Capshare. If you choose to use our invitation service to invite a third party to the Service, you may directly choose a friend to invite through your mobile device’s native contact list – but we do not require that you import your contacts list to the Service, and we do not retain the information contained in your contacts list. You understand that by inviting a friend to Capshare through our invitation feature, you are directly sending a text or email from your personal accounts and that we are not storing your contact list. In addition, you understand and agree that normal carrier charges apply to communications sent from you phone. Since this invitation is coming directly from your email or phone, we do not have access to or control this communication. If you choose to share your User Content with any third party who is not currently a registered User of the Capshare Service, we will send that third-party an invitation to join the Service along with the shared User Content, and you consent to Capshare sending such an invitation.

 

Š       Finding your contacts on the Capshare Service. If you choose, you can locate your contacts with Capshare accounts through our “Find friends” feature. The “Find friends” feature allows you to choose to locate friends either through (i) your contact list, (ii) social media sites (such as Twitter or Facebook) or (iii) through a search of names and usernames on the Capshare Service. If you choose to find your contacts through your contact list, then you agree to provide Capshare access to your contact list such that we can perform the search necessary to determine whether or not someone associated with the information you provide is using Capshare. If you choose to find your friends through social media sites, then you understand that the information these sites provide to us to conduct this type of search is governed by their privacy policies and your account settings on those sites. If you choose to find your friends through a search of names or usernames, then simply type a name to search and see if that name or username appears on our Service. 

 

Š       Information we may receive about others. With your permission, Capshare may access your contact list on your mobile device or social media or other third-party account in order to share your User Content, or to invite your friends and contacts to connect with our Service (including as provided above). We may also collect information about others if you use our Service to upload, share and/or distribute User Content that contains information about others, including their name, image email address, and other online contact information.

 

Š       Metadata we may receive. Capshare may collect metadata associated with your User Content. Metadata typically consists of how, when, where and by whom a piece of User Content was collected and how that content has been formatted. Users can add or may have added metadata to their User Content, including keywords posted with a photo or video, including names, geographical information, comments or other data. Certain metadata may also be retrieved from third-party social media sites and associated with your User Content. This makes your data more searchable and more interactive. However, the metadata may be accessible to others if you share the User Content with others on the Service or on third party social media sites. We may provide the ability to opt-out of the collection of certain metadata, so you should review and adjust any applicable privacy settings.

We use this information to operate, maintain, and provide to you the features and functionality of the Service (including to allow you to share your User Content with third-party services), to process your requests, to operate, maintain, analyze and improve our Service, and to communicate directly with you and offer products and services to you.  We may also send you Service-related emails or messages (e.g., account verification, payment confirmations, change or updates to features of the Service, technical and security notices).  For more information about your communication preferences, see “Your Choices Regarding Your Information” below.

Use of cookies and other technology to collect information.

We automatically collect certain types of usage information when you visit our website or use our Service.  When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Service.  A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information from your browser or mobile device each time you access the Service.  Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users.  In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients.  The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service.  These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service.

When you access our Service by or through a mobile device, we may receive or collect and store unique identification numbers associated with your device (“Device ID”), mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.

We use or may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to:  (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our Service.

2.     SHARING PERSONAL INFORMATION WITH THIRD PARTIES

We may share your personal information in the instances described below.  For further information on your choices regarding your information, see the “Your Choices Regarding Your Information” section below.

We may share your personal information with:

Š       Other companies owned by or under common ownership or control with Capshare, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns.  These companies will use your personal information in the same way as we can under this Privacy Policy;

Š       Third party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving targeted advertisements, content or service fulfillment, billing, or providing analytics services;

Š       Our business partners who offer a service to you jointly with us, for example, when running a co-sponsored contest or promotion; 

Š       Third parties who we think may offer you products or services you may enjoy;

Š       Third parties at your request.  For example, information contained in your User Content or Capshare profile may be viewable to others on the Service, subject to any applicable privacy settings, and you may have the option to share your information on our Service with your friends and contacts via email or social media. If you share User Content with a recipient who is not registered for the Capshare Service at the time of sharing, the shared User Content may be associated with the contact information relating to the recipient and may be made available to such recipient after they register for the Capshare Service;

Š       The public at your request. If you choose to make your User Content publicly available on our Service (for example, by allowing all Users to access your explore feed on Capshare), or if you choose to interact with our Service on social media (for example, if you choose to post your User Content on Facebook or Twitter), Capshare or the applicable social media service may display your User Content publicly;

Š       Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and

Š       Third parties as required to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of Use Agreement, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of Capshare, its Users or the public as required or permitted by law, and (v) detect, prevent or otherwise address criminal, security or technical issues.

We may also share information with others in an aggregated and anonymous form.

3.     YOUR CHOICES REGARDING YOUR INFORMATION

Marketing Communications.  If you do not wish to receive promotional emails, you can click the “unsubscribe” button on promotional email communications.  Note that you are not permitted to unsubscribe or opt-out of non-promotional messages regarding your account, such as account verification, billing confirmations, change or updates to features of the Service, or technical and security notices. 

Online Advertising.  We may permit third party online advertising networks to collect information about your use of our Service over time so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites or applications.  Typically, the information we share is provided through cookies or similar tracking technologies.  The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device.  Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools.  (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org  and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org).  Depending on your mobile device, you may not be able to control tracking technologies through settings. 

Data Retention:  We will retain your information for as long as your account is active or as needed to provide you services.  Following a request for the deletion of User Content or termination or deactivation of your account, we may retain information (including User Content) for a commercially reasonable time for backup, archival, and/or audit purposes. Please contact us at support@capsharemedia.com if you wish to delete your account.  Please be aware that we will not be able to delete any content you have made publically available or shared with others or with social media sites.     

4.     SECURITY AND STORAGE OF INFORMATION

Capshare cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our service providers.  However, no security system is impenetrable and we cannot guarantee the security of our systems 100%.  In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Your information collected through the Service may be stored and processed in the United States or any other country in which Capshare or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Capshare or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. 

5.      PERSONS UNDER THE AGE OF 13


Capshare does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service.  The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information collected from a child under 13, please contact us at abuse@capsharemedia.com.

 

6.      LINKS TO THIRD PARTY WEBSITES OR SERVICES

The Service may contain links to and from third-party websites of our business partners, advertisers, and social media sites.  If you follow a link to any of these websites or services, or share any information (including User Content) with these websites or services, please note that these websites and services have their own privacy policies and that we do not accept any responsibility or liability for their policies or practices. You share your User Content and other information with any third-party sites and services at your own risk. Please check the individual policies before you submit any information to those websites or services.

7.      UPDATES TO THIS POLICY

We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the "Last Revision" date below and will post the updated Policy on this page.

8.      CONTACTING US

If you have questions about this Policy, please contact us at support@capsharemedia.com or by writing to us at:

Capshare Media, Inc.

101 First Street, Unit # 610

Los Altos, CA, 94022

 

9.     LAST REVISION DATE

This Privacy Policy was last revised on, and effective as of April, 2014