Effective Date: July 24th, 2020
(Material Changes from Last Revision: Privacy Shield clause removed following European Commission judgment in CJEU case C-311/18)

We value your privacy.   Please read the following carefully to understand our Privacy Policy (“Policy”) regarding use of our websites at Kaptivo.com and Kaptivo.live (“Sites”) and the services provided through our Sites (“Services”). This Policy describes the personal information we collect from users of the Sites and Services and how we use and share such information.   If you use our Sites and Services, you agree to use of your personal information under this Policy.  If you do not agree to this Policy, please do not use our Sites or Services.

About Kaptivo

Light Blue Optics Limited (trading as “Kaptivo”) is a company incorporated in England and Wales (Company Number: 05018807) with its registered address at St. John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom.

Light Blue Optics Inc. (also trading as “Kaptivo”) is an entity registered at California (Company Number: C3315804) with its principal place of business at 1900 S Norfolk St. Suite #260, San Mateo, CA 94403, United States.

Light Blue Optics Inc. is a wholly-owned subsidiary of Light Blue Optics Limited.

Kaptivo is a data controller for the purposes of the applicable data protection legislation in respect of the data it gathers from you and other users of our Website and/or Services.

Kaptivo is registered in the UK with the Information Commissioner’s Office under registration number 05018807.

How to Contact Us

If you have any questions about our Privacy Policy or the information practices of this Site, please contact us at privacy@kaptivo.com or write to us at:

Kaptivo Privacy, Light Blue Optics Limited, St. John’s Innovation Centre, Cowley Road, Cambridge CB4 0WS, United Kingdom.

Effective Date and Changes to this Policy

This Policy is current as of the Effective Date set forth above.  Please note that we may change this Policy from time to time and will post any such changes to this Policy on the Sites.  Therefore, it is important to view the Policy periodically.  If we make any changes to this Policy that materially affect our practices, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Sites or if you have an account with us, providing notice to the email address in your account (for this reason you should make sure to update your account information promptly if it changes).

Information Collected

Information We Collect Directly From You.  We respect your concerns regarding privacy.  Our Sites and Services do not collect personally identifiable information about you unless you expressly provide such information.  We may collect personal information in the following instances:

• If you want to request information, we will ask for your email address to provide you that information.
• If you want a quote, we collect your name, company name, company email, job title and phone number.
• If you want to buy a product through the Site, we use Shopify to process the order, and will collect billing and shipping details, including your name, address, company name and phone number. You will also be asked for credit card information in order to complete your purchase.
• If you submit a support request through the Sites, we will collect your name, email address, and relevant information on your support request.
• If you are using our Kaptivo SaaS product, you will need to provide us your company name and email address to create an account.
• If you use our Single Sign-On system, we will collect your name, company name and photo.

Information We Collect Automatically. We may automatically collect the following information about your use of our Sites or Services through cookies and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; your mobile device ID; the length of time you visit our Sites or Services; device configuration information, and the referring URL, or the webpage that led you to our Sites.  We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information.  Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

Use of Your Information

We use your information, including your personal information, for the following purposes:

• To provide our Sites and Services to you, to communicate with you about your use of our Sites and Services, to authenticate users, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
• To process and transmit the content that you elect to share through the Sites and Services.
• To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using our Sites or Services.
• For marketing and promotional purposes. For example, if you complete the Request Info form on our Sites, we may use your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you (you can unsubscribe from such communications at any time as noted in the Your Rights and Choices section). We also may use the information that we learn about you to assist us in advertising our Sites, Services and related services on third party websites.
• To better understand how users access and use our Sites and Services, both on an aggregated and individualized basis, in order to improve our Sites and Services and respond to user desires and preferences, and for other research and analytical purposes.

Automatic information collection is used with Kaptivo in Cloud mode, for our automatic firmware update system, and to allow Kaptivo Insights to operate.  You can configure the operation of Kaptivo and the data that is sent to us, for example by using Self-Hosted mode, but you may not be able to access certain options or Services.

Sharing of Your Information

We may share your information, including personal information, as follows:

• Other Users. Any information that you post through the Services will be made available to other users of the Services to whom you have connected.
• We may disclose the information we collect from you to our affiliates or subsidiaries solely for the purpose of providing the Sites and Services to you; however, if we do so, their use and disclosure of your personally identifiable information will be maintained by such affiliates and subsidiaries in accordance with this Policy.
• Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
• Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
• In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
• To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.
• Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties and publicly for marketing, advertising, research or similar purposes.

Retention of Your Information

We retain information for Kaptivo customers who have entered their data onto our website for only as long as it is necessary and relevant for our operations.  Unless we are actively using your personal information as indicated above, we will delete your personal information after 3 years.  In addition, we may retain information from closed accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, and take other actions permitted by law.  The information we retain about you will be handled in accordance with this Privacy Policy.

Cookies and Other Tracking Mechanisms

We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our Sites and Services. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies), but such disabling will impair use of the Sites and Services.

Cookies.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Sites and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Sites and Services. There are two types of cookies: session and persistent cookies.

• Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Sites. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Sites.
• Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Sites who disable cookies will not be able to browse certain areas of the Sites or use the Services.

Third Party Analytics

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Sites. We use these tools to help us improve our Sites and Services performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties unless we have your prior consent to do so.

No Use by Children

The Sites are not intended for use by children under the age of 18.  We will never knowingly collect information directly from children under the age of 18 without verifiable parental consent.  If you are under the age of 18, you may not use the Sites or Services and please do not provide us with information of any kind whatsoever.  If we become aware that a user is under the age of 18 and has submitted information to the website without verifiable parental consent, we will remove his or her information from our files and deactivate his or her account.  If you have reason to believe that we may have accidentally received personal information from a child under the age of 18, please contact us immediately at privacy@kaptivo.com.

United States Operation

The Sites and Services are operated from the United States.  If you are located outside of the United States and choose to use the website or provide your information to us, your information will be transferred, processed and stored in the United States.  The privacy laws of the United States may not be as protective as those in your jurisdiction.  Your agreement to the terms of this Policy followed by your submission of information on the Sites and Services represents your agreement to this practice.

Security

Kaptivo takes reasonable measures to protect the information you provide to Kaptivo against loss, theft, unauthorized use, disclosure, or modification.  However, we cannot guarantee or warrant the security of any information you transmit to Kaptivo and you do so at your own risk.  No internet or email transmission is ever fully secure or error-free.  Emails sent to Kaptivo may not be secure.  You should use caution whenever submitting information online and take special care in deciding what information you send to us via email.

Your Rights and Choices

If you do not wish to receive email marketing communications from us, you can click the unsubscribe link in the relevant email. This will allow you to remove yourself from that particular email mailing list. You can do this for each of our email marketing communications. You can opt-out of all communications except for certain service related messages, such as order confirmations or important account-related messages.

You may also contact us at any time using the contact details at the top of this page:

• If you want to rectify your inaccurate personal data.
• If you want us to erase your personal data from our records, in the event grounds for erasure applies according to applicable privacy law.
• If you want to restrict our processing of personal data, in the event grounds for such restriction applies according to applicable privacy law.
• If you want to receive the personal data concerning you which you have provided to us, in a commonly used and machine-readable format (Data Portability).
• For your protection, we will ask you for proof of your identity before making your personal data available to you. We may have to keep certain information required by law and/or for our own legitimate business purposes.

We will process your personal data for as long as necessary to comply with an existing and binding legal contract between Kaptivo and you, or to comply with law. We will further process your data for the period of time where Kaptivo has a legitimate interest to process your data, and this interest outweighs your interest or fundamental rights and freedoms, for the purposes of marketing and information of our business operations, or until you inform us according to your rights above. If and to the extent you have given consent to us to process your personal data, we will process the data in accordance with that consent, and we will delete the relevant information upon your withdrawal of consent.

Complaints Regarding Our Processing of Your Data

If you think that we have not followed our privacy policy in some way, we will do our best to help you resolve your concern.  Contact us by email at privacy@kaptivo.com.   You can also file a complaint with the relevant data protection agency in jurisdiction of residence, according to applicable privacy law.

Links to Other Sites

Occasionally we provide links to other websites for your convenience and information. These websites operate independently from our website and are not under our control. These sites may have their own privacy notices or terms of use, which we strongly suggest you review if you visit any linked sites. We are not responsible for the content of these sites, any products or services that may be offered through these sites, or any other use of the linked sites.

Human Resource Data

Kaptivo commits to cooperate with EU data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.

Notice of Privacy Rights to California Residents

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, information related to the personal information disclosed by Kaptivo to third parties for direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year.  You may make one request each year by emailing us at privacy@kaptivo.com or sending a letter to: Light Blue Optics, Ltd., St. John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom.