1.1 “Applicable Data Protection Law(s)” means the data protection laws, rules and regulations applicable to Services offered by Kapta; with respect to PII from Europe, “Applicable Data Protections Law(s)” shall include Regulation (EU) 2016/679 (“GDPR”) and the Data Protection Act of 2018 (“UK GDPR”);
1.2 “Customer” or “Customers” means the natural or legal person engaging or approaching Kapta for the purpose of soliciting, securing, or otherwise utilizing one or more of Kapta’s Services;
1.3 “Europe” shall mean the European Economic Area, the European Free Trade Association and the United Kingdom;
1.4 “Kapta” means Kapta, Inc., a Delaware corporation with its principal place of business located at 885 Arapahoe Avenue, Boulder, Colorado 80302, USA; the terms, “we,” “our,” and “us” refer to Kapta;
1.5 “PII” means personally identifiable information or any representation of information that permits the identity of the Customer or data subject to whom the information applies to be reasonably inferred by either direct or indirect means;
1.6 “Service” or “Services” means the information, software or services made available to you through the Website;
1.7 “Website” means Kapta’s websites located at the domain addresses [https://kapta.com] and [https://login.kaptasystems.com] and any affiliated websites;
2. The Information We Collect
We collect and use your PII to provide you with the information or content that you have requested, and, in some cases, to contact you about our programs, products, features or services. If you no longer wish to receive press releases or any other type of marketing information from us, you may send us an email through the “Contact Us” link on the Website, use our E-mail Alert Form to change your preferences, or follow the “unsubscribe” link provided in the e-mail that you receive.
We also collect and utilize non-PII information to better understand your use of the Website and to enhance your enjoyment and experience. For example, we may use the information to improve the design and content of our Website or to analyze our programs and Services.
3. Cookie and Web Beacon Policy
To enhance your online experience, we may use “cookies” or similar technologies. Cookies are text files placed in your computer’s browser to store your preferences. Cookies do not contain PII; however, once you choose to furnish a site with PII, this information may be linked to the data stored in the cookie.
We, our third-party service providers, advertisers, or partners may also use “web beacons,” clear “.gifs,” or similar technologies, which are small pieces of code placed on a web page, to monitor the behavior and collect data about the visitors viewing the Website. For example, web beacons may be used to count the users who visit the Website or to deliver a cookie to the browser of a visitor viewing the Website.
4. Access to and Modification of PII
If you visit our Website and volunteer PII, you may modify, update or delete such information by sending us an e-mail at email@example.com. You should be aware, however, that it is not always possible to completely remove or modify PII in our databases. In addition, please be aware that your ability to opt out from receiving marketing and promotional materials does not change our right to contact you regarding your use of the Website or our Services.
You can opt out of receiving promotional emails from us by emailing [firstname.lastname@example.org] or unsubscribing from our marketing emails. If you choose to no longer receive marketing information, we may still communicate with you regarding security updates, product functionality, responses to service requests, or other transactional, non-marketing-related purposes.
If we have collected and processed your PII with your consent, you may withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your PII conducted pursuant to lawful processing grounds other than consent.
You have the right to contact a data protection authority about our collection and use of your PII. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with Applicable Data Protection Law(s). To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your PII.
5. Data Security
We take reasonable steps to maintain the security of the PII we collect. However, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, we do not warrant or represent the security of any information (PII or otherwise) that you transmit to us. By using our Services, you understand, acknowledge and agree that you transfer data to us at your own risk.
6. International Transfer
We operate globally, and so it may be necessary to transfer your PII internationally. In general, your PII will likely be transferred to and processed in the United States and/or Europe. When transferring data from Europe, Kapta relies upon a variety of legal mechanisms, including contracts with our users as well as documents issued by regulatory authorities.
7. Compliance with Laws and Enforcing our Rights
We may be required to disclose PII by law, such as to comply with a subpoena or similar legal process, or in response to a government request. We also may be required to disclose PII in response to a lawful request by law enforcement or public authorities in an effort to meet national security or law enforcement requirements.
We may disclose PII to relevant parties to protect and defend the rights, property or safety of Kapta or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security concerns.
If a dispute remains unresolved following the attempts for resolution in the preceding paragraph, you and Kapta agree to commit to mediation by a mediator appointed by JAMS, an alternative dispute resolution provider located in the United States. The services of JAMS are provided at no cost to you.
9. Accessing or Correcting Information
You may view all information provided to us by accessing the relevant page on your Kapta account.
In the event you did not create a Kapta account or cannot find the appropriate location to determine what information you provided us, you may send us an email at email@example.com to request access to or correction of your information (PII or otherwise). For verification purposes, please include your first name, last name, the e-mail address, and password you use for such Service.
10. Kapta as a Data Processor
We may collect, use and disclose certain information (PII or otherwise) about you when acting as our Customers’ data processor. Our Customers are responsible for making sure that your privacy rights are respected, including ensuring appropriate disclosures about third-party data collection and use. To the extent that we are acting as a Customer’s data processor, we will process your information, including any PII, in accordance with the terms of our agreement with the applicable Customer, our Data Processing Addendum, and Applicable Data Privacy Law(s).
If you are a resident of Europe and object to our processing of your PII, please contact us at firstname.lastname@example.org to restrict processing, or request portability, of your PII.
For information on how we may process your information (PII or otherwise), please read the Kapta Data Processing Addendum, found at https://kapta.com/data-processing-addendum/.
We may share PII with third-party service providers (“Sub-Processors”) (e.g., email service providers, data storage and processing facilities) to allow them to perform services on our behalf. We do not permit our Sub-Processors to use the PII we share with them for their marketing purposes or for any other purpose than in connection with the services they provide us. For additional information about how we work with Sub-Processors, please read the Kapta Data Processing Addendum, found at https://kapta.com/data-processing-addendum/.
11. How to Contact Us
12. Updates & Effective Date
13. Information about Privacy Shield
In compliance with the Privacy Shield Principles, Kapta commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Kapta at: email@example.com
Kapta has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com for more information or to file a complaint. The services of JAMS are provided at no cost to you.
In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, Kapta is potentially liable. Kapta's liability under this agreement will be governed by the contract in place between Customer and Kapta.
Under certain limited conditions, you may also invoke binding arbitration before the Privacy Shield Panel. Kapta is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).