Captivated LLC

PRIVACY POLICY

Your privacy matters to Captivated, LLC (“Captivated,” “we,” ” us,” and “our“). This Privacy Policy covers how we and our suppliers collect, use, and disclose information that identifies you or can reasonably be used to identify you (“Personal Data“), which we may collect in connection with your access to and use of this website and the online services we provide(together, “Services“) in our capacity as a data controller.

By accessing or using our Services or by accepting our Terms of Service or entering into any other agreement with Captivated that references this Privacy Policy, you agree on behalf of yourself and any company that you represent (together, “you”) that you have read and understand this Privacy Policy and that you acknowledge the collection, use, and disclosure of information as discussed below. If you do not agree with this Privacy Policy, do not access or use our Services.

We may modify this Privacy Policy from time to time. All changes will be effective immediately upon posting to our website. By continuing to use the Services after changes are posted, you agree to those changes. When we change this Privacy Policy in a material way, a notice will be conspicuously posted on our website or we will otherwise provide notice to you.

Consumer Notice

If you, as a consumer, communicate via text message or live chat with a business that uses the Captivated Services to send and receive text messages or conduct a live chat, your Personal Data and other information may be collected by us on behalf of our customer in accordance with our contract for the customer.  This Privacy Policy does not apply to consumer Personal Data that we collect on behalf of our customers.  For additional information, you should contact the business with whom you communicated. If you submit a Data Subject Access Request Form to us, we will not respond but refer it to our customer as the business with whom you communicated.

We Collect Information About Your Use of Our Software

If you have signed up for our Services or any software applications (including our mobile applications) designed to allow businesses to send and receive text messages and online chats  (” Captivated Software“), we will collect all data that is entered into, submitted to, or uploaded to the Captivated Software by you or on your behalf or otherwise collected by the Captivated Software in the course of your use of the Captivated Software, including all content sent or received using the Captivated Software and information regarding your access to or use of the Captivated Software (e.g., performance statistics and usage data) as Service Data contemplated by our Terms of Service. This Service Data  may include Personal Data, for example, the names, email addresses, and telephone numbers of those you communicate with using the Captivated Software, related meta data, and the contents of all text messages or live chats sent to or received using the Captivated Software.  Service Data that consists of Personal Data remains subject to your privacy policy and this Privacy Policy does not apply. We will collect other Service Data regarding you and your account that is subject to this Privacy Policy.

You can visit our website without sharing Personal Data, but you will be required to provide Personal Data in order to sign up for or use our Services and Captivated Software. We will collect any Personal Data from or about you that you choose to provide to us, which may include, but is not limited to, your name, email address, title, company name, physical and billing address(es), telephone number(s), and payment information. Specifically, we collect your Personal Data when you schedule a demonstration of our Services, when you sign up for our Services, in connection with your Captivated account, in receiving and fulfilling information requests, and when you respond to communications from us (e.g., promotional offers). If you provide your mobile or other telephone number to us, you consent to receiving text (SMS) messages and telephone calls from us at that telephone number as described below. If you sign up for our Services, a Captivated account will be created for you as contemplated by our Terms of Service.

Payment Information

Purchases of Services made through our website must be made by credit or debit card or, with our prior approval, by check or ACH. All credit and debit card information and other payment method information is provided directly to our PCI-compliant third-party payment processor. To make a payment on our website using a credit or debit card, you will need to submit your name and your credit or debit card type, number, expiration date, security code, and billing address. Payment by credit or debit card is subject to the approval of the card issuer. We will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. If you pay for products or services via ACH, you will need to submit your bank account number and routing number. Our payment processors, CyberSource, Chase Paymentech, and Stripe, may use your payment-related information in accordance with the CyberSource Privacy Policy, the Chase Paymentech Privacy Policy, and the Stripe Privacy Policy, respectively. Captivated does not directly access, handle, or store your payment card or bank account information. We will maintain a record of the purchases that you make using our website.

Mailing List Information

If you sign up or otherwise opt in to receive promotions from us, you will need to submit your email address. We will use this information to provide you with promotional and other electronic communications. You may opt out of receiving promotional emails from us at any time by following the unsubscribe instructions contained in the applicable email. We may use third-party email providers to deliver these communications to you.

Live Chat Conversations

If you use any chat feature on our website or other Services, we will collect all text and other information that you may submit or input using that feature.

Other Personal Data We Collect

IP Addresses and Related Data

The servers used to operate and provide the Services may collect Personal Data about you, the equipment, software, and communication methods you use to access the Internet and the Services, and how you use the Services, including when you use our Services, when you visit our website, your Captivated account login history, device information, messaging responsiveness, the pages you access on the Services, the websites you access before and after visiting the Services, the length of time you spend on the Services, date and time stamps, clickstream data, Internet protocol addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), your device ID number, your approximate geographic location, and your browser type. We may also collect device-specific information (such as your hardware model, operating system version, and unique device identifiers). Captivated may use these types of information to administer the Services , to generate statistical information, to monitor and analyze Service traffic and usage patterns, to monitor and prevent fraud, to investigate complaints and violations of our policies, and to improve the Services’ content and the products, services, materials, and other content that we describe or make available through the Services. These types of information may be associated with other Personal Data and information obtained from third parties. The service providers that we use to provide the Services may collect information about your visits to the Services and other websites.

Location Information

In addition to the approximate geographic location information collected as discussed above, we may, with your consent, access more specific location information in order to enhance the user experience and increase the usefulness of our Services. This includes both geographical location information that you input using the Services (e.g., when you enter your zip code or physical address) and geographical location information collected by device-based location services (including GPS data). You may choose to allow us to access your location by granting the Services access to your location when prompted or through your device’s location services settings.

Cookies and Other Tracking Technologies

The Services may use “cookies” and other technologies, such as pixel tags and web beacons, to track Service use and to facilitate and enhance the user experience on the Services. “Cookies” are small pieces of information that are stored on your device’s hard drive by your browser. The Services may use both cookies that we implement and cookies implemented by our suppliers and other third parties. We use cookies to track how you access and use the Services, to learn when and how users visit the Services, to learn how popular Services pages are and aren’t, to learn which search terms are used to find the Services, and to learn which websites direct you to the Services. We also use cookies to help display certain information on the Services and to improve your enjoyment of the Services, for example, by remembering your contact and other information when you access or use the Services. Most browsers automatically accept cookies. You can disable this function, but disabling cookies may impact your use and enjoyment of the Services. Our Services suppliers may use cookies and other tracking technologies to track Services visitors across the Internet to understand how you get to the Services. Due to this automatic collection of data using cookies, we do not honor “do not track” requests.

Google Analytics

The Services use Google Analytics, an analytics tool provided by Google Inc., to collect and process data about your use of the Services, including when you visit the Services, URLs of the websites that you visit prior to visiting the Services and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Google sets and reads cookies to collect this data and your web browser will automatically send data collected by those cookies to Google. Google uses this data to provide us with reports that we will use to improve the Services’ structure and content. For more information on how Google uses this data, visit Google’s Privacy Policy and Google’s page on How Google uses data when you use our partners’ sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each web browser you use. Using the Google Analytics opt-out browser add-on will not prevent Captivated from using other analytics tools and will not prevent data from being sent to the Services itself or to Google. You may disable cookies as discussed above, but that may impact your use and enjoyment of the Services.

Google Analytics’ Advertising Features

We have enabled and implemented the following Google Analytics Advertising Features: Remarketing with Google Analytics, Demographics and Interest Reporting, Segments, DoubleClick Campaign Manager Integration, and DoubleClick Bid Manager Integration. Remarketing with Analytics uses Google Analytics cookies to serve advertisements to you across the Internet based on your visits to the Services. Demographics and Interest Reporting uses a third-party cookie to collect information about Service traffic by tracking users across websites and across time, which generates a report for us to better understand our Service users. Segments allows us to isolate and analyze subsets of Service users by sorting our Google Analytics data. DoubleClick Campaign Manager Integration and DoubleClick Bid Manager Integration allow us to view, analyze, and create remarketing lists using our DoubleClick Campaign data. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Services.

Advertising Networks, Personalized Advertising, Remarketing, and Retargeting

From time to time Captivated and the Services may participate in or use advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms. These services collect anonymous information about your visits to and interactions with the Services and other websites and will use that information to target advertisements for goods and services. These targeted advertisements may appear on the Services or on other websites. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements targeted directly to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect information on the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Services or other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and websites.

To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time.

Embedded Content

The Services may incorporate content, including feeds scripts embedded in the Services’ code as well as visible content (for example, videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content. For example, YouTube may collect or otherwise have access to usage data on videos embedded on the Services as described in YouTube’s Privacy Policy.

Social Media

Captivated is active on social media, including Facebook, YouTube, Instagram, and LinkedIn. You have the opportunity to comment on those social media platforms regarding Captivated and the products and services we offer. Captivated reserves the right to post on its websites and social media pages any comments or content that you post on our social media pages.

How We Use and Disclose Personal Data

In addition to the uses described above, Captivated and its suppliers may use and disclose Personal Data as described below. We will not sell, rent, or share Personal Data except as disclosed in this Privacy Policy or as permitted by applicable law.

We Use Personal Data for the Purpose for Which it was Collected

We will use and share Personal Data for the purpose for which it was collected, for example, to process and respond to your requests for information, support, or services. If you place an order for Services using our website, we will use Personal Data to communicate with you regarding your order.

We Use Personal Data to Communicate with You

If you contact us for support or assistance in using the Services, we may use Personal Data to determine whether or not your system meets the minimum requirements needed to access and use the Services and otherwise to contact you regarding your request. We may use Personal Data to notify you of changes made to the Services (for example, changes to this Privacy Policy) and, if you sign up or otherwise opt in to receive promotions from us, to send you promotional materials and other communications as described above. If you provide us with your telephone number, we may call you at that telephone number in response to your questions or comments and we may use that telephone number to verify your account when resetting a password.

We Use Personal Data to Send Text Messages

If you send a text message to Captivated via our website or using a telephone number listed on our website, Captivated may respond to you at your telephone number via text message. Message and data rates may apply. To stop receiving messages at any time, reply “STOP” to any text message you receive. Consenting to receiving text messages is not required to use the Services or to buy goods and services.

We Disclose Personal Data with Our Service Providers

Captivated may share Personal Data with companies that provide services to Captivated that allow us to provide the Services and as may otherwise be permitted by law. Those services include information processing, hosting, payment processing, extending credit, fulfilling customer orders, delivering Services to you, managing and enhancing customer data, providing customer service, marketing, assessing your interest in our  services, and conducting customer research or satisfaction surveys. We require our suppliers to comply with all applicable data privacy laws and regulations. Our service providers are authorized to and may use and disclose Personal Data as necessary for them to provide the applicable services to us.

Other Uses and Disclosures

We may aggregate Personal Data to create anonymous aggregate data on Service users and on consumers who communicate via text message with businesses that use the Captivated Software to send and receive text messages, which describes users as a group but does not reveal the identity of individual users. We may share this data publicly and with our vendors and service providers, such as publishers, advertisers, and connected websites. For example, we may share information publicly to show trends about the general use of our Services. We may also use aggregate data to understand Service users’ needs, to determine Service user demographics and usage patterns, to determine what kinds of products and services we can provide, and to improve and enrich our Services.

We may use Personal Data: to analyze, develop, and improve the content, materials, products, and services that we make available through the Services and the Services’ functionality, to inform marketing and communication plans and strategies, to evaluate user needs and customize Services content, promotional emails, and your browsing experience, and for other lawful business purposes.

Captivated may use and disclose Personal Data to  law enforcement or legal authorities  (e.g., in the event of a subpoena or court order). We may also use and disclose Personal Data if we believe doing so is necessary to enforce our terms and conditions, to operate the Services, or to protect our operations, our users, or Captivated’s or any third party’s rights.

Additionally, in the event of a reorganization, merger, acquisition, change in control, or sale we may disclose, transfer, and include as part of such corporate activity any and all information that we own or control to the relevant third party. That successor will be bound by this Privacy Policy as it applies to Personal Data.

Protection of Information

Captivated does not guarantee that loss, theft, misuse, unauthorized access or disclosure, or alteration of Personal Data will not occur. However, we take precautions, including administrative, technical, and physical measures, to safeguard personal information in our control against loss, theft, misuse, unauthorized access, disclosure, and alteration. The storage and communication of information can never be completely secure, so we do not guarantee that communications or other information that you submit or that are otherwise provided to us will be completely secure. If you become aware of any breach of Service security or this Privacy Policy, please notify us at admin@captivated.works immediately. You are solely responsible for the safekeeping of your login credentials, including username and passwords.

Access from Outside the United States

If you are visiting or using the Services from outside the United States, please be aware that our Services are for businesses within the United States and we are based in the United States. As a result, if you visit our Services from outside the United States, your Personal Data may be transferred to, stored in, and processed in the United States (where our and our suppliers’ servers and databases are located and operated). The data protection and related laws and regulations of the United States might not be as comprehensive as those in the country from which you are accessing the Services.

Accessing and Updating Your Personal Data

If the Personal Data we store about you is incorrect, we endeavor to provide you with ways to correct it. To access or update your Personal Data as it exists in our records, please contact us at admin@captivated.works. When updating your Personal Data, we may ask you to verify your identity before we can act on your request.

Access by Children

The Services are not directed at children under 18 years of age. Captivated does not knowingly collect personal information from children under 18. If we learn that we have collected personal information from a child under 18, we will take steps to delete that information.

Third-Party Sites and Services

The Services may contain links to third-party websites, products, and services that are not maintained or controlled by Captivated. Captivated is not responsible for the privacy policies or practices of any third parties or any third-party websites, products, or services. You should independently review the privacy policies of those third parties.

Privacy Questions

If you have any questions or concerns about this Privacy Policy or the information we collect, please contact us by email at admin@captivated.works, by telephone at 317-316-3188, or by mail at 5875 Castle Creek Pkwy Dr. N. STE 260, Indianapolis, IN 46250