Privacy Policy

Kaptify Privacy Policy & GDPR | Effective: December 16, 2023

This Privacy Policy describes how Kaptify collects, uses, and discloses information associated with an identified or identifiable individual (referred to in this Privacy Policy as “Personal Data”) and what choices you have around this activity. If you have any questions, please don’t hesitate to contact us.

When we refer to “Kaptify”, we mean Kaptify, Inc. as explained in more detail in the “Identifying the Data Controller and Processor” section below. 

This Privacy Policy applies to Kaptify’s online data analysis and insights platform, (the “Service”), kaptify.com and other Kaptify websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, live data reporting calls, etc.) you may have with Kaptify. If you do not agree with this Privacy Policy, then do not access or use the Services, Websites or any other aspect of Kaptify’s business. For the avoidance of doubt, this is the only privacy policy that applies to Kaptify.

California Notice of Collection of Personal Information: We collect the information described below under “Information We Collect and Receive” for the business and commercial purposes described below under “Information Use.” To learn more about exercising your California Privacy Rights please review the “California Privacy Rights” section below.
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Kaptify will collect and receive information through operating the Services and Websites, and through other interactions with Kaptify. Such information will include Customer Data and other information and data (“Other Information”) in a variety of ways:

Customer Data. Customers or individuals routinely submit Customer Data (such as names, experiences, locations, or other information provided in live interviews) to Kaptify when using the Service.

Other Information. Kaptify also collects, generates and/or receives the following categories of Other Information:

‍User account information:
To create or update an account within the Service, you supply Kaptify with a name, email address, password, and/or other account set up details. In addition, billing details such as credit card information, banking information, and/or a billing address may be collected.

Usage information:
‍Services metadata. When you interact with the Service, metadata is generated that provides additional context about the way that you use the Service. For example, Kaptify may log the content you interact with, and the timing and duration of access.

‍Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Service and record it in log files. This log data may include your Internet Protocol (IP) address, the address of the web page you visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, and your language preferences.

‍Device information. Kaptify collects information about devices accessing the Service, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.

‍Location information. We may receive information from you such as a business address submitted or an IP address received from your browser or device to determine approximate location to assist with localization or for security purposes.

Cookie information: Kaptify uses a variety of cookies and similar technologies in our Websites and Services to help us collect Other Information.

‍Third-Party data: Kaptify may receive data about organizations, industries, lists of companies that are customers, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners, or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate-level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.

‍Audio and video metadata: Kaptify may receive, capture, and store metadata derived from your use of our features and additional related data such as data regarding the date and time of your interactions with customer videos, which moments in the videos were watched, and so forth. 

‍Additional information provided to Kaptify: We also receive Other Information when submitted to our Websites or in other ways, such as responses or opinions you provide if you participate in a focus group, contest, activity or event, feedback you provide about our products or services, information you provide if you apply for a job with Kaptify, enroll in a certification program or other educational program hosted by Kaptify or a vendor, request support, interact with our social media accounts or otherwise communicate with Kaptify.

Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as account creation details, is not provided, we would be unable to provide the Services.

Customer Data will be used by Kaptify in accordance with your instructions, including to provide the Services, any applicable terms in our contractual agreement, and as required by applicable law. Kaptify is a processor of Customer Data and the you, our Customer are the controller. Customer may, for example, use the Services to grant and remove access to our Service, add or  remove data, insights, and Customer Data, and otherwise apply its policies to the Services.Kaptify uses Other Information to operate our Services, Websites, and business. More specifically, Kaptify uses Other Information for the following purposes:

‍Compliance With A Legal Obligation:
Kaptify processes Other Information when we comply with a legal obligation including, for example, to access, preserve or disclose certain information if there is a valid legal request from a regulator, law enforcement or others. For example, a search warrant or production order from law enforcement to provide information in relation to an investigation, such as your profile picture or IP address.

We use platform and account information, Usage information, Cookie information, Contact information, Audio and video metadata, and Additional information provided to Kaptify for compliance with a legal obligation.

Legitimate Interests:
We rely on our legitimate interests where they are not outweighed by your interests or fundamental rights and freedoms ("legitimate interests"). We use platform and account information, Usage information, Cookie information, Contact information, Third-Party data, Audio and video metadata, and Additional information provided to Kaptify for the following legitimate interests:

To provide, update, maintain and protect our Services, Websites and business.
This includes the use of Other Information to support delivery of the Services, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities, or at a user’s request.It is in our and your interests to provide, update, maintain and protect our Services, Websites, and business.

To develop and provide search, learning and productivity tools and additional features.
Kaptify tries to make the Services as useful as possible for you, our User. For example, we may:

• improve search functionality by using Other Information to help determine and rank the relevance of content, channels or expertise to a User;
• make Services or suggestions based on historical use and predictive models;
• identify organizational trends and insights;
• customize a Services experience; or
• create new productivity features and products.

It is in our interest and in the interest of our Customers to continuously improve and develop the customer support we provide.

To investigate and help prevent security issues and abuse.
We may use a variety of tools such as device fingerprinting to prevent issues and abuse. We may process, including in an automated fashion, Other Information to better understand how Kaptify is used or to prevent spam or abuse.

It is in our interest to keep the Service secure and to detect, prevent, and address abuse (such as spam) and to investigate and take action in respect of suspicious activity on the Services.

To aggregate or de-identify information.
In some cases, we aggregate or de-identify information we have associated with you and use the resulting information, for example, to improve the Services.

It is in our interest to research and improve the Services.

Share information with others including law enforcement and to respond to legal requests.
It is in our interest and the interest of the general public to prevent and address fraud, unauthorized use of Kaptify, violations of our terms or other harmful or illegal activity; to protect ourselves, our users or others, including as part of investigations or regulatory enquiries; or to prevent death or imminent bodily harm.

Transfer, store or process your information outside the European Economic Area.
As the Websites and Services operate globally, with Customers around the world, we need to share information we collect globally. We carry out necessary transfers outside the European Economic Area, including to Australia, Canada, and the United States, to provide, update, maintain and protect our Services, Websites and business.
For more information, review the “International Data Transfers” section below.

It is in our and your interests to provide, update, maintain and protect our Services, Websites and business.


We use account information and Additional information provided to Kaptify for the following legitimate interests:

To communicate with you by responding to your requests, comments and questions.
If you contact us, we may use your Other Information to respond.

It is in ours and your interests to facilitate communication (for example to answer questions from Customers).

To send service emails and other communications.
For example, we may:

• send you service, technical and other administrative emails, messages, and other types of communications; or
• contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them.

It is in our Customer’s interests to address service related issues.

We use account information and Usage information for the following legitimate interests:

For billing, account management and other administrative matters.
Kaptify may need to contact you for invoicing, account management, and similar reasons and we use account data to administer accounts and keep track of billing and payments.

It is in our interest to facilitate the effective provision and administration of the Websites and Services.

We use Workspace and account information, Usage Information, Cookie information, and Additional information provided to Kaptify for the following legitimate interests:

To send marketing emails and other communications.
We sometimes send emails about new product features, promotional communications or other news about Kaptify. These are marketing messages so you can control whether you receive them. If you have additional questions about a message you have received from Kaptify please get in touch through the contact mechanisms described below.

It is in our interest to promote the Websites and Services and send our direct marketing.

This section describes how Kaptify may share and disclose Information, as described in the section entitled 'Information We Collect and Receive' above. Customers determine their own policies and practices for the sharing and disclosure of Information to third parties. Kaptify does not control how a Customer chooses to share or disclose Information.

The Customer’s Instructions. Kaptify may share and disclose Information in accordance with a Customer’s instructions and with appropriate consent, including any applicable terms in the Customer Agreement and the Customer’s use of Services functionality and in compliance with applicable law and legal process. Some sharing at a Customer’s request may incur additional fees.

Displaying the Services. When a User submits Information, it may be displayed or discoverable to other Users in the same or connected workspaces. For example, a User’s email address may be displayed with their profile, or other profile and organizational information may be displayed to Users. 

Collaborating with Others. The Services may provide different ways for Users to share or collaborate. Information, such as a User’s profile and organizational information, may be shared. In many instances, Kaptify includes either administrator controls or user controls, depending on the use case, with respect to external collaboration. Users may also decide to expand the visibility of certain content and Customer Data, such as files.

Customer access. Owners, administrators, Users, and other Customer representatives and personnel may be able to access, modify, or restrict access to Information. This may include, for example, your employer using features of the Services to access or modify your profile details, or to export logs of activity.

Third-Party service providers and partners. We may engage third-party companies or individuals as service providers or business partners to process Information and support our business. These third parties may, for example, provide virtual computing and storage services, assist Kaptify with verifying Owners and Customers, or we may share business information to develop strategic partnerships with Third-Party service providers to support our common customers. In this respect, depending on the Third-Party service provided, Kaptify may share your Information. Additional information about the subprocessors we use to support delivery of our Services is set forth at Kaptify Subprocessors. 

Forums. The Information you choose to provide in a community forum including personal data will be publicly available.

Professional advisers. We may share your Information with professional advisers acting as service providers, processors, controllers, or joint controllers - including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services, and to the extent we are legally obliged to share or have a legitimate interest in sharing your Information containing personal data.

Corporate Affiliates. Kaptify may share Information with our corporate affiliates, parents and/or subsidiaries.

During a Change to Kaptify’s Business. If Kaptify engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Kaptify’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all of the Information described in the ‘Information We Collect and Receive’ section may be shared or transferred, subject to standard confidentiality arrangements.

Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Information for any purpose. For example, we may share aggregated or de-identified Information with prospects or partners for business or research.

Law Enforcement and Regulators. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. 

To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property, or safety of Kaptify, its users, or third parties, including enforcing its contracts or policies, or in connection with investigating and preventing illegal activity, fraud, or security issues, including to prevent death or imminent bodily harm.

With Consent. Kaptify may share Information with third parties when we have consent to do so or as otherwise permitted in this Privacy Policy. Kaptify may share Information with the consent of primary owners or authorized corporate officer, or their designee. 

Kaptify will retain Customer Data in accordance with a Customer’s instructions (including to perform any applicable terms in the Customer Agreement and through Customer’s use of Services functionality) and as required by applicable law. The deletion of Customer Data and other use of the Services by the Customer may result in the deletion and/or de-identification of certain associated Other Information.

Kaptify may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy (such as to provide the Services, including any optional features you use, and to provide customer support). This may include keeping your Other Information after you have deactivated your account for the period of time needed for Kaptify to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.

Kaptify takes security of data very seriously. We work hard to protect Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Information we collect, process and store, and the current state of technology. Given the nature of communications and information processing technology, Kaptify cannot guarantee that Information during transmission through the Internet or while stored on our systems or otherwise in our care will be absolutely safe from intrusion by others. 

Kaptify does not allow use of our Services and Websites by anyone younger than 16 years old, to the extent prohibited by applicable law. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.

Kaptify may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our services or business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, Kaptify will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account. 

Kaptify may transfer your Personal Data to countries other than the one in which you live, including transfers to the United States. To the extent that Personal Data is transferred abroad, Kaptify will ensure compliance with the requirements of the applicable laws in the respective jurisdiction in line with Kaptify’s obligations.

In particular, we offer the following safeguards if Kaptify transfers Personal Data from jurisdictions with differing data protection laws:

European Commission’s Standard Contractual Clauses. Kaptify uses Standard Contractual Clauses approved by the European Commission (and the equivalent standard contractual clauses for the UK where appropriate) for transfers to, among others, Australia, Canada, India, Japan, South Korea, and the United States. Kaptify will transfer your Personal Data to facilitate the provision of the Services. 

Asia-Pacific Economic Cooperation Cross-Border Privacy Rules System And Privacy Recognition For Processors. Kaptify’s privacy practices, described in this Privacy Policy, comply with the Asia-Pacific Economic Cooperation (“APEC”) Cross Border Privacy Rules (“CBPR”) system and the Privacy Recognition for Processors (“PRP”). The APEC CBPR system provides a framework for organizations to ensure protection of personal data transferred among participating APEC economies and the PRP demonstrates an organization’s ability to provide effective implementation of a personal data controller’s privacy obligations related to the processing of personal information.

To communicate with our Data Protection Officer, please email brennon@Kaptify.com.

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, Kaptify is the processor of Customer Data and the controller of Other Information.

 Kaptify, Inc. a U.S. company based in Brooklyn, New York is the controller of Other Information and a processor of Customer Data relating to Users.

Individuals in the European Economic Area, the United Kingdom, Brazil, and across the globe have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to your personal information, as well as to seek to update, delete, or correct this information. You can do this by contacting brennon@kaptify.com, or via the tools inside your account. 

To the extent that Kaptify’s processing of your Personal Data is subject to the General Data Protection Regulation or other applicable laws requiring a legal basis for processing Personal Data, such as the UK Data Protection Act and the Brazilian General Data Protection Act (Lei Geral de Proteção de Dados), Kaptify primarily relies on its legitimate interests, described above, to process your Personal Data. Where we rely on legitimate interests to process your Personal Data, you can object to that processing by contacting us as described in the “Contacting Kaptify” section below. In response to your objection, we will stop processing your information for the relevant purposes unless we have compelling grounds in the circumstances or the processing is necessary in the context of legal claims. Kaptify may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Kaptify’s use of your Personal Data for this purpose at any time.

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA,” as amended by the California Privacy Rights Act or “CPRA”.
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California law requires that we detail the categories of personal information that we collect and disclose for certain “business purposes,” such as to service providers that assist us with securing our services or marketing our products, and to such other entities as described in earlier sections of Privacy Policy. In addition to the information provided above in the ‘Information We Collect And Receive’ section, we collect the following categories of personal information from you, your employer, data analytics providers, data brokers, and Third-Party Services for our business purposes:

• Identifiers/contact information;
• Commercial information;
• Internet or electronic network activity information;
• Financial information;
• Geolocation information;
• Professional or employment-related information;
• Audio and visual data;
• In limited circumstances where allowed by law, information that may be protected under California or United States law; and
• Inferences drawn from any of the above categories.

We collect this information for the business and commercial purposes described in the ‘How We Process your Information and our Legal Bases for Doing So’ section above. We share this information as described in the ‘How We Share and Disclose Information’ section above. Kaptify does not sell (as such term is defined in the CCPA or otherwise) the personal information we collect (and will not sell it without providing a right to opt out). We may also share personal information (in the form of identifiers and internet activity information) with third party advertisers for purposes of targeting advertisements on non-Kaptify websites, applications, and services. In addition, we may allow third parties to collect personal information from our sites or services if those third parties are authorized service providers who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal information, or if you use our sites or services to interact with third parties or direct us to disclose your personal information to third parties.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use, disclose, or may sell this information), to delete their personal information, to opt out of any “sales”, to know and opt out of sharing of personal information for delivering advertisements on non-Kaptify websites, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at support@Kaptify.com. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf. Authorized agents must submit proof of authorization.

If you would like to opt-out of sharing activity based on your cookie identifiers, turn on a Global Privacy Control in your web browser or browser extension. Please see the California Privacy Protection Agency’s website at https://oag.ca.gov/privacy/ccpa for more information on valid Global Privacy Controls. If you would like to opt-out of sharing activity based on other identifiers (like email address or phone number), contact us in accordance with the “Contacting Kaptify” section, below.

Subject to applicable law, you also have the right to (i) restrict Kaptify’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority. If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the European Economic Area or the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority. If you work or reside in a country that is a member of the European Union or that is in the EEA, you may find the contact details for your appropriate data protection authority on the following website. If you are a resident of the United Kingdom you may contact the UK supervisory authority, the Information Commissioner’s Office.

Please also feel free to contact Kaptify if you have any questions about this Privacy Policy or Kaptify’s practices, or if you are seeking to exercise any of your statutory rights. Kaptify will respond within a reasonable timeframe. You may contact us at support@Kaptify.com or at our mailing address below:

Kaptify
134 N 4th Street
Brooklyn, NY 11249
USA