Privacy Policy

CapSumo Privacy Policy

Last Updated: November 28, 2018

This Privacy Policy describes the privacy practices of CapSumo, LLC. (“CapSumo”, “we”, “us”, “our”) on our websites located at the domains capsumo.com (individually and collectively, “Our Website” or the “CapSumo Website”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE ACCESSING OUR WEBSITE OR USING THE SERVICES. BY USING OR ACCESSING OUR WEBSITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THIS CAPSUMO PRIVACY POLICYAND TERMS OF USE, WHICH IS INCORPORATED BY REFERENCE HEREIN IN ITS ENTIRETY.

CapSumo, LLC (“CapSumo”) helps growth marketers boost leads with their existing website traffic by collecting online form data in real-time. This Privacy Policy explains how CapSumo collects, uses and discloses information from our clients (“clients” or “you”) when you use our website, platform and other online products and services (collectively, the “Services”) or when they otherwise interact with us. For additional information about the use of Contact Data in connection with our Services, please consult our Terms.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

Scope of this Privacy Policy

As further discussed, below, data protection laws, regulations, and directives in certain jurisdictions distinguish between the rights and responsibilities of “Controller(s)” of personal information or data (“Information”), from those who are “Processor(s)” of such Information or data on the applicable controllers’ behalf. CapSumo is generally the controller of Information that it collects from and about the persons and entities who are visiting Our Website (“CapSumo Visitors”), and this Privacy Policy applies to CapSumo Visitors.

We also provide certain services to commercial persons and entities (each, a “Client” and collectively, “Clients”), who, in turn, own and operate their own websites or mobile applications (“Client Site(s)”), and who wish to utilize our code, software and services and reports (“Service(s)”) to collect and obtain online form information with third party visitors to their Client Sites (“Client Site Visitor(s)”). The applicable Clients are the Controllers of Information collected from their Client Site Visitors, whether or not such information is accessed, analyzed, or otherwise utilized by or on behalf of the Client via the Service (“Client Visitor Information”); CapSumo is not the Controller of such Client Visitor Information. This Privacy Policy applies to the use of Services by our Clients. However, this Privacy Policy does not apply to the Client Sites themselves, nor to any Client Visitor Information. For any questions regarding the privacy, security, or other practices or policies on the Client Sites, please contact the applicable Client.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, interact with a message board, apply for a job, request customer support, use our platform or otherwise communicate with us. The types of information we may collect include your Personal Information and any other information you choose to provide. We or a designated third party may collect payment and credit card information when you subscribe to our paid Services or purchase additional services.

When we say “Personal Information” we mean any information that identifies an individual, such as (but not limited to) an individual’s name, email address, postal address, device-specific information and log information (as described below). Any information that does not, on its own, identify an individual person is considered and treated as non-personal information. When non-personal information is combined with other information so that it does or can be used to identify an individual, this information is treated as Personal Information.

Information About Your Use of the Services

Usage Information

We collect information about your use of the Services, such as the ways in which you use our platform and your preferences when you interact with our Services.

Information We Collect Automatically When You Use the Services

When you access or use our Services, we automatically collect information about you, including:

  • Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, your general location and the page you visited before navigating to our Services.
  • Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
  • Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below or visit our “Cookie Policy”.

Integrations with Other Services

You may have the option of integrating our Services with other services, technologies or platforms on your desktop, permitted websites and/or your mobile phone. For example, we may offer you widgets that have countdowns to various launches. These integrations may require you to input Personal Information or access or use Personal Information. These integrations may (i) check for updates automatically and transmit your information to their server and/or engine; (ii) send information entered into or accessed by the technology to its server and/or engine and (iii) be visible to the public if embedded on publicly available webpages (such as social networking webpages), depending on the policies of that website.

Information We Collect from Other Sources

We may also obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to social media sites, credit bureaus, data enrichment providers and publicly available sources.

Use of Information

We use the information we collect to provide, maintain and improve our Services, such as to administer your account and to provide you with insights to help you optimize your use of our platform.

We may also use the information we collect to:

  • Provide, maintain, customize and improve our Services;
  • Provide and deliver the products and services you request, process transactions and send you transaction-related information, including confirmations and invoices,
  • Send you technical notices, updates, security alerts and support and administrative messages;
  • Respond to your comments, questions and requests and provide customer service;
  • Communicate with you about products, services, offers, promotions, rewards and events offered by CapSumo and others, and provide news and information we think will be of interest to you;
  • Monitor and analyze trends, usage and activities in connection with our Services;
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of CapSumo and others;
  • Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests; and
  • Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards; and
  • Carry out any other purpose described to you when your information was collected.
  • Inform Clients that an upgrade is available; or to contact Clients with information about CapSumo, including information about new or existing products and services or special offers. For example, we may periodically send promotional materials or notifications related to our products and Services to the email address associated with a registered account.
  • Otherwise for our legitimate business interests.

If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, CapSumo may use it for any business purpose.

Sharing of Information

We often need to engage third-party companies and individuals (such as payment processors, research companies and analytics and security providers) to help us operate and provide the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf and are obligated to us not to disclose or use your information for other purposes.

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
  • If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of CapSumo or others;
  • Between and among CapSumo and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
  • CapSumo will share and disclose Client Visitor Data in accordance with the applicable Client’s instructions, including any applicable Terms.
  • We may utilize affiliates or third parties as sub-processors of the Information, to support the Services, and otherwise to support the conduct of our business, to provide, by way of example, service such as computing and storage services. We will use sub-processors subject to contracts that are substantially as protective of Personally Identifiable Information as those contained herein. For further information regarding our use of sub-processors, please contact us at support@CapSumo.com.
  • With third-party marketing vendors (such as Google) to assist in our and CapSumo Client marketing campaigns.
  • We may share Information hereunder with our corporate affiliates provided that such affiliates are obligated, contractually or otherwise under applicable laws, to be bound by our obligations with respect to such 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 by another company. You acknowledge that such transfers may occur, and that any purchaser of or successor to CapSumo or its assets may continue to collect, use and disclose your Information as set forth in this policy.
  • In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation; CapSumo reserves the right to disclose any Information (including Personally Identifiable Information): (1) to comply with any law, regulation, or legal request, if and to the extent that we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process; (2) to enforce, apply, or investigate breaches of the Terms or other agreements; or (3) protect the rights, property, user experience, or safety of CapSumo, our employees, our users, our Clients, or others.
  • We may disclose or use aggregated, anonymized, pseudonymized, or otherwise de-identified Information for any purpose.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. For example, we may share a hashed version of your email address to facilitate customized ad campaigns on other services or platforms.

Advertising and Analytics Services Provided by Others

We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by CapSumo and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

Please note: If you choose to opt-out of interest-based advertising, you may continue to see or receive online advertising, but such ads may not be as relevant to you.

Information Collected by or on Behalf of Our Clients via the Service

CapSumo Clients use the Service )” to collect and obtain online form information with third party visitors to their Client Sites (“Client Site Visitor(s)”). This Service allows a CapSumo Client to potentially market to Client Site Visitors use and interaction with the Client Site. Please note that CapSumo itself uses the CapSumo Service to obtain insights into CapSumo Visitors’ activities on http://www.CapSumo.com. Accordingly, CapSumo is the Controller of such Information regarding CapSumo Visitors.

Types of Client Visitor Information. CapSumo Clients may use the Service to collect, store, and analyze Client Visitor Information, on the Client’s behalf as the Controller of such Client Visitor Information, on CapSumo’s servers, as the Client’s Processor of such Client Visitor Information. The Service may process such Client Visitor Information on behalf of the Client, to perform analyses and produce reports for the CapSumo Client. Such Client Visitor Information may also include Device Information, Contact information, and/or Referral Information from the Client Site Visitor.

Our Clients’ Use of Client Visitor Information

Each Client hereby:

  • Directs CapSumo, to provide the Services as described herein and in the applicable terms of use (collectively, “Terms”);
  • Represents, warrants, and covenants that it will abide by all applicable laws, rules, and regulations applicable to Client Site Visitors and Client Visitor Information, and ensure that any instructions to CapSumo are consistent with, and do not and will not constitute a violation of same;
  • Represents, warrants, and covenants that it has obtained all consents required under applicable laws or regulations for the processing of Client Visitor Information under the Service as described hereunder and in the terms of use and as otherwise instructed by the Client; and
  • Represents, warrants, and covenants that it has and will post an online privacy policy that provides each Client Visitor with notice of its practices regarding data collection, use, and disclosure (including the Client’s use of CapSumo), provide a link to the CapSumo Privacy Policy, and that otherwise complies with all applicable laws.

Our Processing of Client Visitor Information.

As the Processor of Client Visitor Information, we will process Client Visitor Information only in compliance with the applicable Client’s instructions regarding the processing of Client Visitor Information, including any applicable Terms.

Retaining Your Information

CapSumo will retain your information only for as long as is necessary for the purposes set out in this Privacy Policy or as described to you, for as long as your account is active (i.e., for the lifetime of your CapSumo account), or as needed to provide the Services to you. If you no longer want CapSumo to use your information to provide the Services to you, you may cancel your account. CapSumo will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes and enforce our agreements. We also retain log files for internal analysis purposes. These log files are generally retained for a limited period of time, except in cases where they are used for the safety and security of the Services, to improve functionality of the Services or we are legally obligated to retain them for longer time periods.

Client agrees and acknowledges that the deletion of Client Visitor Information may affect the delivery or performance of the Service. CapSumo will comply with such instructions to delete Client Visitor Information as soon as reasonably practicable and within a maximum period of 180 days, unless applicable laws require retention.

CapSumo may retain Client Registration Information as long as necessary for the purposes described in this Privacy Policy and the other Terms. This may include keeping Client Registration Information after the account has been deactivated as needed for CapSumo to pursue legitimate business interests, record keeping procedures, legal compliance, preservation of rights, security purposes, and enforcement of legal and contractual rights.

Client agrees and acknowledges that it will be responsible for exporting any Client Visitor Information or Client Registration Information that it wishes to retain following the termination of the Terms.

Use of Cookies by the Service

As described in our Cookie Policy, the Service may utilize first-party cookies (small text files that CapSumo stores locally on a Client Site Visitor’s device) on Client Sites for one or more of the following purposes: to help identify whether a Client Site Visitor is a first time visitor, or has visited previously (provided that we will not store identifiers that can be used to personally identify such Client Site Visitors); assess usage patterns and perform traffic analysis; identify preferences; diagnose problems with our Service; analyze trends; and otherwise administer CapSumo products and services.

For further information on our use of cookies, please see our Cookie Policy, which is incorporated in this Privacy Policy by this reference.

Transfer of Information to the U.S.; International Users

In order to provide you with the Services you subscribe to or that you request from us, your Personal Information will be transferred to the United States as that is where CapSumo is based. If you are visiting the Our Website or a Client Site from a country other than the United States of America, the various communications will necessarily result in the transfer of information across international boundaries. By visiting the Our Website or the Client Site, as applicable, you consent to the processing and transfer of your data as set out in this Privacy Policy. By using the Our Website or the Client Site, as applicable, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. When your Personal Information is transferred to the United States and other countries, you may not have the same rights and protections as you do under local law.

Site Not for use in the EU

CapSumo Service is not intended for use for all individuals within the European Union (EU) and the European Economic Area (EEA).  The nature of our business means that the Personal Data collected through our website and services will be transferred to the United States. Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. If you are a resident of the EU, you may not use this site. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country. Also, the CapSumo personnel and the third-parties to whom we disclose Personal Data are located in the United States. We have not adopted policies that comply specifically with the EU General Data Protection Regulation (GDPR).

Security and Protection of Visitor Information and Client Information

CapSumo implements security mechanisms to protect Visitor Information and Client Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access, firewalls, and SSL encryption to protect transmission of data, as further described above and in our Terms. For additional questions or information regarding our security standards, please contact us at support@CapSumo.com.

Policy Concerning Children Under Age of 16

CapSumo does not knowingly or intentionally collect Personally Identifiable Information from children under 16. If we learn that we have Personally Identifiable Information of a child under age 16, we will remove it. If you believe we have Personally Identifiable Information about a child under the age of 16, please notify us at support@CapSumo.com.

Changes to Our Privacy Policy

CapSumo retains the discretion to amend or modify this policy from time to time. Although most changes are likely to be minor, CapSumo may change its Privacy Policy from time to time, and in CapSumo’s sole discretion. CapSumo encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Withdrawing Consent

You have the right to withdraw your consent to our processing of your Personal Information and your use of the Services. You can do this at any time by cancelling your account through your account settings and then emailing support@capsumo.com to request that your Personal Information be deleted.

If you withdraw your consent to the use or sharing of your Personal Information for the purposes set out in this Privacy Policy, you may not have access to some (or any) of the Services, and we might not be able to provide you some (or any) of the Services. Please note that, in certain cases, we may continue to process your information after you have withdrawn consent and requested that we delete your Personal Information, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the Services safe and secure.

Your Choices

Account Information

You may update, correct or delete information about you at any time by logging into your online account or emailing us at support@capsumo.com. If you wish to cancel or temporarily pause your account, please email us at support@capsumo.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. You can visit our Cookie Policy. If you prefer that such information not be anonymously tracked, you may download a browser add on to prevent this activity at https://tools.google.com/dlpage/gaoptout.

Promotional Communications

You may opt out of receiving promotional emails from CapSumo by following the instructions in those emails or by clicking the “unsubscribe” link at the bottom of any of our emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Mobile Push Notifications/Alerts

We may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

Contact Us

If you have any questions about this Privacy Policy, please contact us at: support@capsumo.com.