Privacy Policy

Effective: September 1, 2022

CaptureNow is committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at support@capturenow.com.

This Privacy Policy (the “Privacy Policy”) describes the types of information that we may collect from you or that you may provide when engage with our services, use our products, visit the website: www.capturenow.com, or access any other website or services of ours that references or links to this Privacy Policy (collectively referred to as our “Services”) and our practices for collecting, using, maintaining, transmitting, protecting and disclosing that information.

Who We Are

  1. CaptureNow, a Georgia limited liability company (the “Company,” “CaptureNow”, “We,” or “Us”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy.  We strive to use information to provide the best possible service while respecting the confidentiality of information we are entrusted with.  This Privacy Policy describes the types of information that we may collect from you or that you may provide when you use our Services and our practices for collecting, using, maintaining, transmitting, protecting and disclosing that information.
  2. This Privacy Policy applies to information we collect:
    1. when you use our Services;
    2. in voice calls, email, text message, and other electronic messages between you and the Company or through links provided during use of our Services, or on our websites;
    3. when you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this Privacy Policy; and/or
    4.  when you request Services or support.
  1. This Privacy Policy shall not apply to information collected by:
    1. us through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries); and/or
    2. any third party (including our affiliates and subsidiaries), including information collected through any application or content that may link to or be accessible from or on our websites.
  1. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, it is your choice not to use our Services.  By accessing or using our Services, you agree to this Privacy Policy and agree to all of the terms and conditions set forth herein.  This Privacy Policy may change from time to time (see Changes to Our Privacy Policy), in our discretion.  Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 Sites Covered by This Privacy Policy

  1. Our Services may from time-to-time direct you to third-party websites and businesses for your convenience and to provide easy access to additional useful information.  Should you select to visit any of these websites or independently communicate with third-party businesses, you will leave our Services.  We do not control those sites nor their privacy practices, which may differ from our practices and policies.  Any personal data you choose to provide to or that is collected by such third parties is not in any way covered by this Privacy Policy.  We recommend that you read over such website’s privacy policy before providing any personal information.  A link to another website from Us does not constitute an endorsement or representation about the value, quality, or usefulness of anything found on that third-party website.
  2. Our Service runs on Third-Party Service Providers.  These Third-Party Service Providers adopt and post their own privacy policies.  However, the use of your Personally Identifiable Information by such parties is governed by the privacy policies of such parties and is not subject to our control.
  3. PLEASE BE AWARE THAT IF YOU ELECT TO HAVE US SHARE YOUR INFORMATION WITH THIRD PARTIES, SUCH AS OUR INFRASTRUCTURE AND OTHER THIRD-PARTY PROVIDERS, THOSE ELECTIONS TO HAVE YOUR INFORMATION SHARED WILL SUPERSEDE ANYTHING TO THE CONTRARY IN THIS PRIVACY POLICY.

 Changes to Our Privacy Policy

We reserve the right to amend this privacy notice at our discretion and at any time.  It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on our website home page.  If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the primary email address specified in your account or through a notice on the website home page.  The date the Privacy Policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an active, up-to-date, and deliverable email address for you, and for periodically visiting our website and this Privacy Policy to check for any changes.  Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

Please note that the California Privacy Rights Act, which will become effective on January 1, 2023, will govern our use and your rights with regard to your personal information retroactive to January 1, 2022.  The Privacy Policy will be updated to comply with the CPRA and its associated regulations when the regulations are finalized and effective.

 Contact Information

You have the right to request information with respect to the types of personal information we share with third parties and the identities of the third parties with whom we have shared such information during the immediately preceding calendar year.  To obtain this information, please send a request by email to support@capturenow.com. Please allow up to thirty (30) days for a response.  We value your opinions and suggestions. 

Types of Information We Collect

We collect information from and about users of our Services, depending on the context of your interactions with Us and the Website, including information:

  1. by which you may be personally identified, such as: name, e-mail address, telephone number, or other additional information supplied by you, by which you may be contacted online or offline (“Personal Information”);
  2. that regards you but individually does not identify you;
  3. about your internet connection, the equipment you use to access our Services, and usage details;
  4. necessary to process your payment if you make purchases, such as your payment instrument number (i.e. a credit card number), and the security code associated with your payment instrument. All payment data is collected and stored by a third-party payment processor; and
  5. any other information you share with Us.

We collect this information:

  1. directly from you when you provide it to us. For example, users directly give us personal information when they inquire about legal services;
  2. automatically as you use our Services, or navigate through our website. Information collected automatically may include but is not limited to usage details, phone number, IP addresses, and information collected through text messaging.

Information You Provide to Us

  1. The information we collect on or through our Services may include, but is not limited to:
    1. information that you provide for the purpose of obtaining legal services.  This includes but is not limited to: information provided at the time of using our Services, or further services requested.  We may also ask you for information when you receive information from us, and when you report a problem with our Services;
    2. records and copies of your correspondence (including email addresses, text messages, and related contact information) if you contact us;
    3. your responses to surveys that we might ask you to complete for research purposes;
    4. details of information sharing you carry out through the use of our Services.  You may be required to provide financial information before receiving the requested services;
    5.  information required to process a credit card transaction; and/or
    6. voice recordings or other recorded information of when you engaged with our Services.
  2. You also may provide information to be published or displayed (hereinafter, “Posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”).  Your User Contributions are posted on and transmitted to others at your own risk.  Although we limit access to certain pages, and you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable.  Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions.  Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
  3. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information We Collect Through Automatic Data Collection Technologies

  1. As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
    1. details of your visits to our Services or vendor websites, including traffic data, location data, logs, and other communication data, and the resources that you access and use on those website; and
    2. information about your device or internet connection, including your phone number, IP address, operating system, and browser type.
  2. The information we collect automatically does not include personal information, but we may maintain it or associate it with the personal information that we collect in other ways, or receive from third parties.  It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:
    1.  estimate our audience size and usage patterns;
    2. store information about your preferences, allowing us to customize our Services according to your individual interests; 
    3. speed up your searches;
    4.  recognize you when you return to our Services; and
    5. to protect our Services. We may use your information as part of our efforts to keep our Services and Websites safe and secure (e.g., for fraud monitoring and prevention).
  3. The technologies we use for this automatic data collection may include:
    1. Cookies (or browser cookies).  A cookie is a small file placed on the hard drive of your computer.  You may refuse to accept browser cookies by activating the appropriate setting on your browser.  However, if you select this setting, you may be unable to access certain parts of our Services.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services.
    2. Flash Cookies.  Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Services.  Flash cookies are not managed by the same browser settings as are used for browser cookies.  For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
    3. Web Beacons.  Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources, or you provide to us.

  1. Third-Party Use of Cookies and Other Tracking Technologies.
    1. Some content or applications for our Services are served by third parties, including, without limitation, advertisers, advertising networks and servers, content providers, and application providers (each, a “Third-Party Data Collector”).  The Third-Party Data Collector may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services.  The information a Third-Party Data Collector collects may be associated with your personal information, or your online activities over time, across external websites and other online services.  A Third-Party Data Collector may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
    2. We do not control the tracking technologies of any Third-Party Data Collector nor how information collected by any Third-Party Data Collector may be used.  If you have any questions about an advertisement or other targeted content, you should contact the relevant Third-Party Data Collector directly.

Information We Collect Through Audio Recordings  

  1. When you utilize our Services, we may collect audio recordings that we use:
    1. for record keeping purposes;
    2. for operational purposes; and
    3. for developmental and performance enhancement purposes.

DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 18 years of age. By using our Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of our Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data, we may have collected from children under age 18, please contact us at support@capturenow.com.

What Categories of Personal Information Do We Collect?

We have collected the following categories of personal information in the past twelve (12) months:

  1. Identifiers. Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name.
  2. Personal information. Categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).        Name, signature, contact information, education, employment, employment history, physical characteristics or description, address, telephone number,  driver’s license or state identification card number, insurance policy number, education, , medical information, or health insurance information.
  3. Protected classification characteristics under California or federal law. The classification characteristics include: date of birth, age, race, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, or gender expression), pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, and genetic information (including familial genetic information).
  4. Commercial information. Commercial information includes transaction information, purchase history, financial details, and payment information.
  5. Internet or other similar network activities. This includes browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements.
  6. Legal information. Information related to your legal issue, and injuries suffered or incidents that have occurred, narrative summaries of events, and criminal records or information related to criminal activities.
  7. Professional or employment-related information. This includes current or past employment, employment history, business contact details. 
  8. Geolocation data.   This includes device location, Physical location, or movements.
  9. Sensory Data. This includes audio, electronic, or similar information, images and audio, video or call recordings created in connection with our business activities.
  10. Inferences drawn from other personal information. Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitude.

Personal information does not include: Publicly available information from government records, deidentified or aggregated consumer information. Information excluded from the CCPA’s scope, such as: health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994. We obtain the categories of personal information listed above from the following categories of sources: users of our Services, directly from our clients or their agents, indirectly from our clients or their agents, or directly and indirectly from activity with our Services.

We may also collect other personal information outside of the specified categories in instances where you interact with us in the context of:

  1. Receiving help through our customer support channels;
  2. Participation in customer surveys or contests; and
  3. Facilitation in the delivery of our Services and to respond to your inquiries.

 How We Use Your Information and Who We May Share It With

  1. General Use.
    1. The information We collect about you or that you provide to us, including any personal information, is used to comprehensively understand your needs and interests, and permit Us to deliver a more consistent and personalized experience.  For example, We may use your information:
      1. To present our Services and Website and its contents to you;
      2. To share information with third-parties, such as our customers, service providers, and vendors;
      3. To provide you with information, products, or services that you request from us;
      4. To provide you with notices about your account, including expiration and renewal notices;
      5. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
      6. To notify you about changes to our Services, Website or any products or services we offer or provide;
      7. To allow you to participate in interactive features offered by our Services;
      8. To provide personalized promotional offers and select content to be communicated to you; 
      9. To detect, prevent and remediate fraud or other potentially prohibited or illegal activities; and/or
      10. For any other purposes with your consent. 
    2. We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you.  If you do not want us to use your information in this way, please adjust your user preferences in your account profile.  For more information, see Choices About How We Use and Disclose Your Information.
  2. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences.  Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
  3. Credit Cards/Electronic Payments.  Credit card and electronic payment information is used solely for payment processing and fraud prevention efforts.  Credit card information, and other sensitive personal information required to process a credit decision, is not used for any other purposes by us or our financial services providers, and will not be retained any longer than necessary to provide your services.
  4. With Whom We Share Your Data and How It is Used
    1. Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
    2. Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
    3. Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
    4. Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
    5. Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  1. Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  2. Customers, Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party customers, vendors, service providers, contractors or agents who utilize our services, or perform services for us or on our behalf, and require access to such information. Examples include: our customers and clients, payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data on our behalf about how you interact with our Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages, or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent, or trade any of your information with third parties for their promotional purposes.

Security and Data Location

  1. We have implemented appropriate technical and organizational security measures designed to protect and secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.  All information you provide to us is stored on our secure servers behind firewalls.  Any payment will be encrypted using SSL technology.
  2. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure. Although we do our best to protect your Personal Information, we cannot guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information transmitted through our Services.  Although we will do our best to protect your personal information, any transmission of Personal Information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained within our Services.  You should only access our Services within a secure environment.
  3. Cookies.  To facilitate and customize your experience with our Services, we may store cookies on your device.  A cookie is a small text file that is stored on a User’s device for record-keeping purposes which contains information about that User.  We use cookies to save you time while using our Services, remind us who you are, and track and target User interests in order to provide a customized experience.  Cookies also allow us to collect information from you, like which pages you visited and what links you clicked on.  Use of this information helps us to create a more user-friendly experience for all visitors.  In addition, we may use third party advertising companies to display advertisements on our services.  As part of their service, they may place separate cookies on your computer.  We have no access to or control over these cookies.  This Privacy Policy covers the use of cookies by our Services only and does not cover the use of cookies by any advertiser, customer, or other third party.  Most browsers automatically accept cookies by default, but, if you prefer, you may be able to modify your device settings to remove cookies and to reject cookies.  Users may choose to set their devices to refuse cookies, or to alert you when cookies are being sent.  If you choose to remove cookies or reject cookies, this could affect certain features of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
  4. Analytics.  Visitors to our Services who have JavaScript enabled may be tracked using Google Analytics.  Google Analytics may collect some or all of the following types of information from you: type of user agent (web browser) used, software manufacture and version number; type of operating system; color processing ability of your screen; JavaScript support; Flash version; screen resolution; network location; IP address; country, city, state, region, county, or any other geographic data; hostname; bandwidth (internet connection speed); time of visit; pages visited; time spent on each page of the Website; referring site statistics; the website URL you came through in order to arrive at the Website; or search engine query used to find the Website.  This data is primarily used to optimize our Services for our visitors and for internal marketing purposes.
  5. Other Tracking Devices.  We may use other industry standard technologies like pixel tags and web beacons to track your use of our Services and promotions, or we may allow our third-party service providers to use these devices on our behalf.  Pixel tags and web beacons are tiny graphic images placed on certain pages on our website, or in our emails that allow us to determine whether you have performed a specific action.  When you access these pages or open or click an email, pixel tags, and web beacons generate a notice of that action.  Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior with our Services, as well as give us a way to measure our promotions and performance.  We may also utilize pixel tags and web beacons provided by our affiliates and/or partners for the same purposes.
  6. Timing. 
    1. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).
    2. When we have no ongoing business reason to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

 WHAT ARE YOUR PRIVACY RIGHTS?

If you believe we are unlawfully processing your personal information, you have the right to complain to your local data protection supervisory authority.

If you are a resident in the EEA, the contact detail for the data protection authorities is available here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you are a resident in the UK, the contact detail for the data protection authorities is available here: https://www.gov.uk/data-protection/find-out-what-data-an-organisation-has-about-you.

If you have questions or comments about your privacy rights, you may email us at (insert email).

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Opting out of Short Message Service (SMS) marketing: You can unsubscribe from our marketing SMS list at any time by texting the designated “opt out” response to any text messages received from Us. You will then be removed from the marketing SMS list — however, we may still communicate with you, for example to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may contact us using the contact information provided.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may contact us using the contact information provided.

CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

California Privacy Rights Notice

This Privacy Notice for California Residents supplements the information contained in the Privacy Policy of CaptureNow, (the “Company,” “We” or “Us”) and applies solely to all visitors, users, and others who reside in the State of California (“Consumers” or “You”).  We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

This Policy does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

Where noted in this Policy, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some its requirements.

The CCPA permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

The California Code of Regulations defines a “resident” as:

  1. every individual who is in the State of California for other than a temporary or transitory purpose; and
  2. every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

Sharing Personal Information. 

  1. We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we require the recipient to both keep that personal information confidential and not use it for any purpose except for use in connection with performing the services on our behalf.  The CCPA prohibits third parties who obtain the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.  We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
  2. We may use your personal information for our own business purposes. This is not considered to be “selling” of your personal data.
  3. We may use or disclose the personal information we collect for one or more of our business purposes in this Privacy Policy or as otherwise set forth in the CCPA.  We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. 
  4. The Company discloses the following categories of personal information for a business purpose:
    1. Identifiers.
    2. Personal Information Categories.
    3. Protected classification characteristics under California or federal law.
    4. Commercial information.
    5. Internet or other Electronic Network Activity Information (i.e., browsing history and information regarding a consumer’s interaction with our Website). 
    6. Legal information
    7. Professional or employment-related information.
    8. Geolocation data.
    9. Sensory Data.
    10. Inferences drawn from other personal information.
  5. We disclose your personal information for a business purpose to the following categories of third parties:
    1. Our affiliates;
    2. Customers and service recipients;
    3. Third-party service providers; and
    4. Third parties to whom you authorize us to disclose your personal information in connection with the products or services we provide to you.

CCPA Rights.  The CCPA provides consumers who are California residents with specific rights regarding their personal information.  This section describes your CCPA rights and explains how to exercise those rights:

  1. Access to Specific Information and Data Portability Rights.  You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months.  Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
    1. The categories of personal information we collected about you;
    2. The categories of sources for the personal information we collected about you;
    3. Our business or commercial purpose for collecting or selling that personal information;
    4. The categories of third parties with whom we share that personal information;
    5. The specific pieces of personal information we collected about you (also called a data portability request);
    6. If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
      1. Sales. Identifying the personal information categories that each category of recipient purchased; and
      2. Disclosures for a business purpose. Identifying the personal information categories that each category of recipient obtained. We do not provide these access and data portability rights for B2B personal information.
  2. Deletion Request Rights.  You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.  Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.  We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
    1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;
    2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
    3. Debug products to identify and repair errors that impair existing intended functionality;
    4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
    5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
    6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
    7. Comply with a legal obligation; and
    8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
  3. Exercising Access, Data Portability, and Deletion Rights.  To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
    1. Calling us at (404) 391-1313 or
    2. Emailing us at support@capturenow.com. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.  You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. 

The verifiable consumer request must:

  1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. You do not need to create an account with us to submit a request to know or delete.  However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it. For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.
  3. Response Timing and Format.  We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt.  If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
  4. Personal Information Sales Opt-Out and Opt-In Rights.  If you are sixteen (16) years of age or older, you have the right to direct us not to sell your personal information at any time (the “right to opt-out”).  We do not sell the personal information of consumers we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least thirteen (13) but not yet sixteen (16) years of age, or the parent or guardian of a consumer less than thirteen (13) years of age.  Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing us at support@capturenow.com. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.  However, you may change your mind and opt back into personal information sales at any time by amending your preferences here. You do not need to create an account with us to exercise your opt-out rights.  We will only use personal information provided in an opt-out request to review and comply with the request.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights. 

Unless permitted by the CCPA, we will not:

  1. Deny you goods or services;
  2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  3. Provide you a different level or quality of goods or services;
  4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels.  Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects.  Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

We may use or disclose the personal information we collect for one or more of the purposes in the Privacy Policy or as otherwise set forth in the CCPA.  We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

  1. You may object to the processing of your personal data.
  2. You may request correction of your personal data if it is incorrect or no longer relevant or ask to restrict the processing of the data.
  3. You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
  4. You may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by emailing us at support@capturenow.com. If you have a complaint about how we handle your data, we would like to hear from you.

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please email us at support@capturenow.com.

If you are using an authorized agent to exercise your right to opt-out, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.