Privacy Policy

LAST UPDATED: May 6, 2024

Please contact help@captiv8.io for email opt-out, and privacy@captiv8.io for all other questions.

1. About this Privacy Policy

Thank you for using Captiv8 and visiting our website. Your privacy is important to us, and we have adopted this privacy policy (“Policy”) to memorialize our data collection and disclosure practices for our website and its related tools and service, including any mobile applications we provide, our online platform software, and any web pages, features, or tools we control on any third-party websites (collectively, the “Service”). The Service is owned and operated by Captiv8 Inc. (“Captiv8,” “we,” “us” or “our”). This Policy applies to anyone using or browsing our Service, any influencer who appears in our influencer database, visitors, customers or users of our Service (“users,” “you”, or “your”).

By visiting our website or using any of our Services, you agree to the collection, use, and disclosure of your Personal Information as described in this Policy. If you do not, please do not use our Service.

For the purposes of this Policy, “Personal Information” is defined under applicable law and includes information that identifies you or your device or can be reasonably associated with you.

2. What Personal Information Do We Collect?

We collect Personal Information about you based on our legitimate interests, because you have given us your consent to do so at the time of the collection of the Personal Information, to fulfill a contractual obligation, or because we are required to do so based on our legal requirements.

We may collect the following categories and specific pieces of Personal Information for the following business purposes:

Categories of Personal Information Collected	Specific Pieces of Personal Information	Business Purpose for Collection of Personal Information
Identifiers	First Name Last Name Email Phone Number Physical Address The user ID associated with your account (for example, your Facebook user ID (UID), including access tokens necessary to access that service)	To open, administer, and manage your accounts; to inform you of offers or news regarding Captiv8 products, services or events; to provide you with customer service support; to contact you with information regarding your accounts; to prevent or detect unlawful acts; to protect or enforce our legal rights; to ensure the security of your accounts; and to comply with the applicable laws of the jurisdictions where we conduct business
Sensitive Personal Information	Health information, such as dietary needs or preferences Race Ethnicity Citizenship Nationality Sexual Orientation	To provide our services, including to share Creator’s unique personal attributes and interests (voluntarily shared directly with us by the Creators) with those who may be interested in engaging with the Creators, including our Clients (e.g. Brands and Advertisers) and users of the social media platforms (e.g. Creator followers or audience)
Commercial Information	Information regarding the products or services purchased	To manage your account; to provide you with customer service support; for use in marketing and to provide related services to you and your followers
Geolocation Data	Data related to the location of your device	To track where our services are being used and to provide better, customized services to you.
Protected Characteristics	Health information, such as dietary needs or preferences Race Ethnicity Citizenship Nationality Sexual Orientation Gender Gender Identity Disabilities	To share Creator’s unique personal attributes and interests (voluntarily shared directly with us by the Creators) with those who may be interested in engaging with the Creators, including our Clients (e.g. Brands and Advertisers) and users of the social media platforms (e.g. Creator followers or audience)
Internet or Network Activity	Internet protocol address Information regarding user sessions, clicks, likes, interactions and other information related to Social Site connections and usage of our Service Information about makeup of audience Comments, replies and other content posted publicly or on Social Sites Audience engagement and brand-specific information Other information related to your online interaction with our Service	To identify usage and market information about you as an influencer, about your target audience and to assist us in providing customized services to you
Inferences Drawn from Other Personal Information	Profile Information and Inferences Related to Your Preferences and Behaviors	To help identify additional products or services that may be of interest to our customers

In some cases, we need Personal Information from you in order to provide our Services. If you do not provide necessary information, we may not be able to provide our Services to you.

Captiv8 also collects “Non-Personal Information” about you. Non-Personal Information includes, without limitation, any and all aggregated and/or anonymized information.

Public Information

At times and with the cooperation of our partners, we may also collect and use limited categories of publicly available information that may be considered Personal Information about those who interact with our partners for our legitimate interests in providing analytic services to our partners.

3. How We Collect Your Personal Information

Information You Provide to Us

Personal Information may be collected because you provide it to us (for example, by filling out a form or survey on our website), or if you connect your user account to a third-party connection or log-in, such as your Facebook or Instagram account, to the Captiv8 Service, that third-party may pass certain information about your use of its service to Captiv8. We may also receive publicly available information and information from third parties about you and include such information in our influencer database.

Inferred Information

We may also collect other special types of Personal Information about you by observing or inferring such information from the way you interact with us directly or indirectly by means of other people (for example, partners, joint controllers, or subcontractors who may be involved in data collection operations on behalf of Captiv8).

Information Collected from Social Sites and Our Partners’ Sites

Captiv8 may collect Personal Information when you interact with the Service on or through links to an integration with third-party websites, including social media sites (“Social Sites”) and our partners’ websites. For each user interacting with the Service, Captiv8 may also save and associate with the user’s Personal Information the user’s usernames on the Service and each Social Site, Internet Protocol (IP) address, session identifier and a unique internal identifier.

• YouTube API Services and Google Workspace APIs.  We use YouTube API Services to offer YouTube functionalities on our Website. By using the YouTube functionalities on our Website, you agree to the YouTube Terms of Service.  You may revoke the YouTube API access to your personal information via the Google Security Settings page.  For additional information on how YouTube uses your personal information, please visit the Google Privacy Policy. We use Google Workspace APIs for some features. Any data obtained through Google Workspace APIs are not used to develop, improve, or train generalized/non-personalized AI and/or ML.

Unlinking Your Account

You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Captiv8 Service. You may also unlink your third-party account from the Service by adjusting your settings on the third-party service. If you unlink your third-party account, we will stop collecting information about you going forward. Prior to unlinking your account, be aware that this may render your dashboard and various Captiv8 services unusable. If you are an influencer included in our database and you wish to be removed from the database, please contact us at privacy@captiv8.io.

Cookies and Automatic Information Gathering Technologies

Non-Personal Information (including aggregate, technical or demographic information) and some Personal Information can also be collected through the standard operation of our internet servers and logs as well as other automatic data collection tools such as “cookies” and other similar technologies. A “cookie” is a small text file that is recorded either temporarily or persistently on your hard drive and that a website can use in order to recognize visitors who revisit a website so as to facilitate their ongoing access to and use of the website. 

Depending on the aspects of the Service that you interact with, Captiv8 and its advertising or analytics partners may use cookies and other technologies to gather information about how you view and use or Service and content. Information we may collect through cookies and other similar technologies includes your browser type, language preference, operating system, referring website (if applicable), the name and type of device, the operating system of your device, your geographic location, the date and time of each user visit or request, the Social Sites or other discussion forums you visit, and the Captiv8 service endpoints that you accessed or visited during your use of the Service. Some of the analytics and advertising services we use include:

• Google Analytics. We use Google Analytics on our Website, which allows us to view information about traffic to our website and helps us understand how visitors to our website interact with us across other websites. For more information on Google Analytics (including how it uses data for its own purposes, e.g., for profiling or linking it to other information) please visit the Google Analytics Terms of Use, the Google Analytics’ Privacy and Data Protection Guidelines and in the Google Privacy Policy. 

• DataDog. We use DataDog, which provides session replay and other analytics tools. These functionalities allow us to record and replay an individual’s interactions with our website. For more information about how DataDog uses your personal information, please visit the DataDog Privacy Policy We may gather the information we collect from each user and perform statistical analysis of the aggregated information, including analysis about the behavior of visitors to our website on an aggregated, anonymous basis. Any information we collect from you through the use of cookies, web beacons and other technologies may be shared with third parties for direct behavioral advertising or targeted advertising purposes. You may prevent our use of cookies to collect Non-Personal information about you by adjusting the option that is available in most web browsers to deny or accept cookies. Recognize, however, that cookies may be necessary in order to provide certain features such as the customized delivery of certain information. 

At this time, we do not recognize or respond to browser-initiated Do Not Track signals.

4. How We Use Personal Information

Captiv8 uses Personal Information collected as described in Section 2 of this Policy for the following business purposes:

• to assist us in setting up accounts; 

• improving online operations; 

• processing transactions you initiate; 

• providing customer service; 

• providing newsletters and/or other communications or services which you have signed up for or otherwise agreed to receive; 

• displaying content that is customized to your interests or preferences; 

• sending account- or transaction-related communications such as welcome letters and transaction confirmations; 

• performing research and analysis aimed at improving our products, service and technologies; 

• providing an influencer database to our subscribers, and managing our systems. 

• We may also use this information for internal purposes to help us diagnose problems, monitor traffic patterns and otherwise continually improve our Service. 

5. Our Legal Bases for Processing Personal Information

To the extent that our processing of your Personal Information is subject to the General Data Protection Regulation or other applicable laws requiring a legal basis for processing Personal Information, including consent, we rely on the following legal bases for processing of your Personal Information: 

• Where it is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. We have a legitimate interest in processing your Personal Information, for example, for the following purposes:

  • Product and Service development, management, delivery, and enhancement;

  • Fraud detection and prevention;

  • Network and system security;

  • General corporate operations;

  • Compliance with applicable foreign laws; and

  • Communications regarding your purchases.

• Where we have your consent to do so, such as if you fill out a survey and provide us with protected categories of Personal Information as described in this Policy. Depending on where you live, you may have the right to withdraw consent, at any time, by contacting us at the address stated in the “Contact Us” section of this Policy, or directly through the Services. Withdrawing your consent will not affect the lawfulness of any processing conducted prior to then, nor will it affect any processing based on lawful grounds other than consent. For more information about rights you may have, please see “Your Rights and Choices” section of this Policy.

• As necessary for the performance of a contract to which you are a party, and in order to take steps (at your request) prior to entering into such a contract.

• As necessary for compliance with our legal obligations, or where we may otherwise need it to protect your vital interests or those of another person.

If you have questions about the legal basis on which we collect and use your Personal Information, please contact us at the address stated in the “Contact Us” section of this Policy, or directly through the Services.

6. How we Disclose, Share, and Transfer Personal Information

We may disclose, share, or transfer your personal information to others in the circumstances described below. 

Disclosures to Service Providers

We may disclose Personal Information and other information about you to companies, agents, contractors, service providers or others engaged to perform functions on our behalf (such as providing data storage, hosting our website, conducting audits and performing web analytics). We may also disclose your Personal Information to others to market Captiv8 products and services to you (for example, to send you messages concerning new Captiv8 features or products or Captiv8 special offers), and to perform the Service (for example by sharing information with Social Sites). 

Disclosures as Allowed or Required by Law

We may also disclose your Personal Information to third parties, to (a) enforce or apply the terms and conditions of the Service, including investigations of potential violations thereof, (b) comply with legal or regulatory requirements or a governmental request, (c) protect the rights, property or safety of Captiv8, other users or other third parties, (d) to any authority, such as a police department or regulatory authority, or (e) detect, prevent or otherwise address fraud, security, or technical problems that may arise. 

Disclosures of Non-Personal Information

We may also disclose Non-Personal Information to our clients, developers, business partners, merchants, advertisers, investors, potential buyers and other third parties for any reason at our sole discretion. 

Disclosures for Other Business Purposes

Captiv8 reserves the right to transfer information (including your Personal Information and Non-Personal Information) to a third party in the event of (a) a reorganization, spin-out, sale, merger, or transfer of some or all of the assets of our company, or (b) in the unlikely event of a bankruptcy, liquidation or receivership of our business.

Disclosure of Profiles and Public Information

When you use our Service, you agree that we may publish information about you, including Personal Information that is visible to the general public, as well as to users who subscribe to our Services. 

International Data Transfers

Information that is collected from or about you may be transferred to other countries, territories, or regions that may not provide levels of protection for your Personal Information equivalent to those provided where you live. By using our Services, you expressly consent to such transfers. The ways in which we protect your information that is transferred internationally may depend on where you live; however, in general we use contractual or other means to ensure a comparable level of protection for the data. We have additionally executed Standard Contractual Clauses between us and any entities with whom we may share Personal Information of data subjects located in the EEA, UK or Switzerland.

Information about the Sale and Sharing of Personal Information

Because of the broad definition of “sale” and “sharing” under CCPA, some information that we share with third parties may constitute a “sale” or “sharing” of your information.  For instance, we may share identifiers, such as cookies and the advertising identifier associated with your mobile or internet-connected device with our advertising partners, and those partners use and share those identifiers to show advertisements that are targeted to your interests.

To opt-out of the sale or sharing of your personal information, click on the “Your Privacy Rights” link on the home page of our relevant website, mobile and online application, or other service, or email us at help@captiv8.com.  Please note that, when you use these tools on our websites, you will need to renew your choices if you clear your cookies or use a new browser or device. 

Captiv8 does not have actual knowledge of any “sales” of Personal Information of minors under the age of sixteen.

7. Retention of Personal Information

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Policy or as reasonably necessary to provide, promote and support the Services. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. Personal information that is no longer required by law or necessary to fulfil the purposes for which it was collected will be destroyed, erased, or anonymized. 

We will also retain Non-Personal Information for internal analysis purposes. Non-Personal Information is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer time periods. 

8. Children

We do not knowingly collect Personal Information from children less than 13 years of age. Nor do we authorize children less than 13 years of age to use the Service. If we learn that we have inadvertently collected Personal Information from a child under the age of 13, upon receipt of notice from the child or the child’s parent or guardian, we will use reasonable efforts to delete that child’s Personal Information from our systems.

9. Information Security

We utilize a number of information security measures to safeguard your Personal Information. Unfortunately, however, no data transmission over the Internet and no method of data storage can be guaranteed to be secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we do not guarantee its security.

10. Your Rights and Choices

Depending on where you live, you may have certain rights and choices with regard to personal information that we collect about you. These rights may include:

• The right to request copies of your personal data that we have collected. In some cases, we may charge you a small fee for this service.

• The right to request the correction of any personal information that you believe is inaccurate, and the completion of any information you believe is incomplete.

• The right to request that we erase, and in some cases direct our third party service providers to erase, your personal data, under certain conditions. Please note that if you request that we delete your Personal Information, we may retain certain information in accordance with applicable law, including your Personal Information, to satisfy our legal, audit, dispute resolution requirements or for other business purposes. If you delete your Personal Information, you may not be able to continue to use our Service.    

• The right to request that we restrict the processing of your personal data, under certain conditions.

• The right to object to our processing of your personal data, under certain conditions.

• The right to withdraw any consent to processing that you have provided us.

• The right to request that we transfer the personal information that we have collected to another organization, or directly to you, under certain conditions.

• The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you. 

• The right to lodge a complaint with a data protection authority or other governmental entity.

Residents of California 

The California Consumer Privacy Act (“CCPA”) provides California residents with certain rights regarding the personal information that we collect, including some of the rights previously described in this section. In addition, California residents have the right:

• The right to request disclosure of personal information we collect about you over the past twelve (12) months.

• The right to request disclosure of personal information sold, shared, or disclosed for a business purpose.

• The right to limit the use of sensitive personal information.

• The right to opt-out of the sale or sharing of your personal information. 

• You will not receive any discriminatory treatment by us for the exercise of your privacy rights conferred by the CCPA.

Shine the Light and Eraser Laws

Residents of the State of California may additionally request a list of all third parties to which we have disclosed certain information during the preceding year for those third parties’ direct marketing purposes.  For all requests under the “Shine the Light” or “Eraser” Law, please send us an email at privacy@Captiv8.io or contact us at the address stated in the Contact Us section of this Policy. We will accept requests to exercise these rights only through this email address with a subject line that indicates that you are making a request under the “Shine the Light” or “Eraser” laws and includes complete and accurate information.

Residents of the European Economic Area (EEA), United Kingdom (UK) and Switzerland

If you are located in the EEA, UK or Switzerland, you have certain rights under the General Data Protection Regulation and other applicable data protection laws, including some of the rights previously described in this section. In addition, under the France Data Protection Act, residents of France have the right to specify what will happen to their Personal Information after their death. If you are a resident of France and would like to exercise this right, please contact us at privacy@Captiv8.io.

If you have a privacy concern that we have not addressed satisfactorily, please contact us at privacy@Captiv8.io. If your issue remains unresolved after contacting us, you have the right to contact the appropriate EU Data Protection Authority and lodge a complaint.

Residents of Canada

If you are located in Canada, you have certain rights under federal or regional data privacy legislation and other applicable data protection laws, including some of the rights previously described in this section. In addition, residents of Alberta have the right to request information regarding the countries where we may transfer personal information and the purposes for which our service providers are authorized to process personal information. If you are an Alberta resident and would like to exercise this right, or if you are a Canada resident with a complaint or inquiry related to our data privacy practices, please contact privacy@Captiv8.io.

11. Exercising Your Rights

To exercise any of the data subject rights described in this Policy, as applicable to you and subject to exemptions as provided in applicable law, you or your authorized agent (where permitted) may submit a verifiable consumer request by email to privacy@Captiv8.io. 

Only you, or in some cases a person that you authorize to act on your behalf, may make a request related to your Personal Information.  Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we have collected Personal Information or a person acting on your behalf.  We will only use the Personal Information that you have provided in a verifiable request in order to verify your request.  We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority.  We may charge a reasonable fee or refuse to act on a request if such request is excessive, repetitive or manifestly unfounded.

Please note that, while we will carefully assess every request we receive, your rights may differ according to your place of residence and we may not always have to comply with your request.  When this happens, we will explain why. 

12. Changes to this Policy

Captiv8 may modify or update this Policy periodically with or without prior notice by posting an updated policy on the Service. You can always check the “last updated” date at the top of this document to see when the Policy was last changed. We may also post a notice of changes to this Policy on our website. We encourage you to check this Policy from time to time. Your continued use of our website and/or Service following the posting of an updated Privacy Policy constitutes your consent to the contents of such policy. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS POLICY, YOU MUST STOP USING OUR WEBSITE AND SERVICE AFTER THE EFFECTIVE DATE OF SUCH CHANGES. Please note that upon leaving the Service, any Policy in effect immediately prior to your leaving shall continue to be binding on you.

13. Contact Us

To ask questions about our Privacy Policy, obtain more information, or to lodge a complaint, contact us at Captiv8, Inc. 217 S B Street Suite 1 San Mateo, CA 94401 E-Mail: privacy@Captiv8.io.