privacy policy

additional EEA privacy disclosures

Effective date: 08/07/2021

Unless otherwise expressly stated, capitalized terms in these Disclosures have the same meaning as defined in the Privacy Policy.

scope of disclosures

These Additional European Economic Area (EEA) Privacy Disclosures supplement the information contained in our Privacy Policy, and provides additional information about how we collect, use, disclose and otherwise process personal data of individuals based in the EEA.

Captions, LLC. is the data controller responsible for the collection and use of such personal data. Please refer to the Contact Us section for information on how to contact us.  

When we use the term “personal data in these Disclosures, we mean any information relating to an identified or identifiable natural person.

Personal Data We Collect and Process

We collect the categories of personal data that you voluntarily submit to us when you use the services we provide pursuant to our Captions Terms andConditions including the Captions Platform (the “Services”), as set forth in our Privacy Privacy under the sections entitled Our Collection of Personal Information and Our Use of Personal Information. We will indicate to you if the provision of certain personal data is mandatory for use of the Services, or optional. If you choose not to provide any personal data marked as mandatory (which usually means that it is either necessary to provide the Services or respond to your queries), we may not be able to respond to your queries or provide the Services to you.

In addition to the personal data submitted by you, we also process personal data that we automatically collect or collect from other sources, which we may combine with personal data submitted by you.

The table below (Table1) sets out in detail the categories of personal data that are collected as mentioned above and how we use that information when you use our Services, as well as the legal basis which we rely on to process the personal data.

Category of Personal Data
How We Use the Personal Data
Legal Bases for Processing
Contact Information, including name, phone number, email address, mailing address, and communication preferences.
To communicate with individuals, including via email, phone, text message, push notification, and social media.
To perform the contract, in particular to administer our Services including to communicate with you and answer your questions.
Market our Services to existing customers, including through email, phone, text  message, social media and through the use of user-generated content as part of our advertising and marketing campaigns.
Our legitimate interest to promote our Services.
Market our Services to new customers/prospects, including through email, phone, text  message, social media and through the use of user-generated content as part  of our advertising and marketing campaigns.
Your consent.
Create and maintain accounts for our users.
To perform the contract, in particular to provide the key features of the Services.
Request individuals provide us feedback about our Services.
Our legitimate interest to understand what is working or what may need to be improved  in our Services.
Platform Account Information, including username and one-time access codes.
Administer,  improve and personalize our Services, including by recognizing an individual and remembering their information when they return to our platform or the  Services.
To perform the contract, in particular to provide the key features of the Services.
Develop, operate, improve, maintain, protect and provide the features and functionality of the Services, including augmented reality features and machine learning models.
Our legitimate interest to understand how you use our Services in order to improve and develop our Services.
Create and maintain accounts for our users.
To perform the contract, in particular to provide the key features of the Services.
Profile Information, including name, social media account information, profile image, achievement badges and other personal data shared through the platform account.
Administer, improve and personalize our Services, including by recognizing an individual  and remembering their information when they return to our platform or the  Services.
To perform the contract, in particular provide the key features of the Services.
Develop, operate, improve, maintain, protect and provide the features and functionality of our Services, including augmented reality features and machine learning models.  
Our legitimate interest, to understand how you use our Services in order to improve and develop our Services.
Create and maintain accounts for our users.
To perform the contract, in particular to provide the key features of the Services.
Infer additional information about individuals from the use of our Services, such as their interests.
Our legitimate interest to understand your interests and habits in order to provide the Services in a manner that corresponds to your interests.
User-Generated Content, including images, videos, comments, messages and other information provided when individuals interact with us or use our platform, such as content captured through a device camera or images and videos stored on a device which are uploaded to the platform.
To  deliver products and materials relating to our Services.
To perform the contract, in particular to provide the key features of the Services.
Request individuals provide us feedback about our Services.
Our legitimate interest to understand what is what is working or what may need to be improved in our Services.
Develop, operate, improve, maintain, protect and provide the features and functionality of our Services, including augmented reality features and machine learning models.
Our legitimate interest to understand how you use our Services in order to improve and develop our Services.
Identify and  analyze how individuals use our Services in order to improve and develop  them.
Our legitimate interest to understand how you use our Services in order to improve and develop our Services.
Special Categories of Personal Data, such as data revealing racial or ethnic origin, political opinions,  religious or philosophical beliefs, or trade union membership, data  concerning health or data concerning a natural person’s sex life or sexual  orientation when you choose to provide it to us.
Infer  additional information about individuals from the use of our Services, such  as their interests.
Your consent.
Develop,  operate, improve, maintain, protect and provide the features and  functionality of our Services, including augmented reality features and  machine learning models.  
Your consent.
Identify  and analyze how individuals use our Services in order to improve and develop  them.
Your consent.
Demographic Information, including specific or approximate date of birth, age or gender.
Conduct  research and analytics on our user base and our Services, including to better  understand the demographics of our users.
Our legitimate interest to understand how our user base is composed in order to improve and develop our Services.
Develop, operate, improve, maintain, protect and provide the features and functionality of our Services, including augmented reality features and machine learning models.
Our legitimate interest to understand how our user base is composed in order to improve and develop our Services.
Identify  and analyze how individuals use our services in order to improve and develop  them.
Our legitimate interest to understand how our user base is composed in order to improve and develop our Services.
Support Information, including informationprovided to customer support so that we may resolve an individual’s questionregarding our Services.
Address inquiries or complaints made by or about an individual in connection with our  platform or services.
To perform the contract, in particular to administer our Services including to communicate with you and answer your questions.
Address inquiries or complaints made by or about an individual in connection with our  platform or services.
To perform the contract, in particular to administer our Services including to remedy any issue you may have with our Services.
Test,  enhance, update and monitor the Services, or diagnose or fix technology  problems.
Our legitimate interest to understand what is working or what may need to be improved in our Services.
Help  maintain and enhance the safety, security and integrity of our property,  platform, services, technology assets and business.
Our legitimate interest to understand what is working or what may need to be improved in our Services.
Develop,  operate, improve, maintain, protect and provide the features and  functionality of our Services, including augmented reality features and  machine learning models.  
Our legitimate interest to understand how you use our Services and how we may be able to further improve and develop our Services.
Log File Information, including internet protocol (IP) address, operating system, browser type, browser id, date/time of visit, and pages visited.
Administer,  improve and personalize our Services, including by recognizing an individual  and remembering their information when they return to our platform or the  Services.
To perform the contract, in particular provide some features of the Services.
Market  our Services to existing customers, including through email, phone, text  message, social media and through the use of user-generated content as part  of our advertising and marketing campaigns.
Our legitimate interest to promote our Services.
Market our Services to new customers/prospects, including through email, phone, text message, social media and through the use of user-generated content as part of our advertising and marketing campaigns.
Your consent.
Analytics and Usage Information, including the electronic path taken  to our Services, through our Services and when exiting our Services, as well  as usage and activity on our Services, such as the links and content  individuals view or engage with, platform features used, and people or  accounts interacted with (also known as “Clickstream Data”).
Administer,  improve and personalize our Services, including by recognizing an individual  and remembering their information when they return to our platform or the Services.
To perform the contract, in particular provide some features of the Services.
Market  our Services to existing customers, including through email, phone, text  message, social media and through the use of user-generated content as part  of our advertising and marketing campaigns.
Our legitimate interest to promote our Services.
Market  our Services to existing customers, including through email, phone, text  message, social media and through the use of user-generated content as part  of our advertising and marketing campaigns.
Your consent.
Location Information, including general geographic location based on IP address or, with your permission, more precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points and other sensors.
Administer,  improve and personalize our Services, including by recognizing an individual  and remembering their information when they return to our platform or the  Services.
To perform the contract, in particular to provide some features of the Services.
Inferences, such as  predictions about which Services or content may be of interest to you.
Administer,  improve and personalize our Services.
To perform the contract, in particular to provide the key features of the Services.
Market  our Services to existing customers, including through email, phone, text  message, social media and through the use of user-generated content as part  of our advertising and marketing campaigns.
Our legitimate interest to promote our Services.
Market  our Services to existing customers, including through email, phone, text  message, social media and through the use of user-generated content as part  of our advertising and marketing campaigns.
Your consent.
Cookies and other tracking
To  distinguish you from other users of our Services. This helps us to provide  you with a good experience when you browse our Services.
Our legitimate interest to understand your interests and habits in order to provide the Services in a manner that corresponds to your interests.
To  monitor and analyse how you use and interact with our Services so that we can  continue to improve our Services. It helps us and our partners to determine  products and services that may be of interest to you. Please see our Cookie Notice for more detailed information about  these practices and your choices regarding cookies.
Your consent.

Except for personal data which is mandatory for us to provide the Services (such as your PlatformAccount Information), you are not required to provide personal data to us.However, we do rely on your personal data to provide certain of our Services and products. If you choose not to provide us with your personal data, we may not be able to provide you with a service or product you request.

We may anonymise and/or aggregate any of the personal data we collect (so that it no longer qualifies as personal data). We may use anonymised information for purposes that include testing our IT systems, research, data analysis, and improving the services.

Users are responsible for all user-generated content and other information they provide through the Services pursuant to article 2 of Captions Terms and Conditions and in particular with regard to the respect of the privacy and data protection rights of others.

Retention of Personal Data‍

We will retain personal data for as long as necessary to provide the Services and for the other purposes set out under Table 1 of theseDisclosures. We also store information when necessary to comply with contractual and legal obligations, when we have a legitimate interest to do so (such as improving and developing our Services, and enhancing the safety, security and stability of our Services).We may also store your personal data in order to defend or ascertain our legal rights, respond to valid legal requests, in the context of a merger/acquisition or in order to implement our Terms and Conditions. 

In all cases, in addition to the purposes, we consider the amount, nature and sensitivity of the personal data, as well as the potential risk of harm from unauthorized use or disclosure of your personal data, in determining how long to retain personal data. 

Upon withdrawal of consent or upon expiry of the retention period for the personal data collected for the purposes referred to in Table 1, whichever is the earlier, the data will be automatically deleted or permanently anonymized.

recipients of personal data

We may also share your personal data with the following third parties and/or in the following circumstances.

Third Parties to which we transfer your personal data
Concerned personal data
To Service Providers: We engage other third parties to perform certain functions on our behalf in connection with the uses of personal data described above.Depending on the function the third party serves, the service provider may process personal data on our behalf or have access to personal data while performing functions on our behalf.
All Categories of Personal Data Identified in Table 1 Above.
Affiliates: We may share personal data with other companies owned or controlled by our legal entity Captions, LLC., and other companies under common ownership with Captions, LLC., which include subsidiaries (any organization we own or control) or parent companies (any organization that owns or controls us) and any subsidiaries they own, particularly when we collaborate in providing our platform or services.
All Categories of Personal Data Identified in Table 1 Above.
Law enforcement, regulators and other parties for legal reasons: We may share your personal data with third parties as required by law or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) detect and investigate illegal activities and breaches of agreements, including our Terms; and/or (iii) exercise or protect the rights, property, or personal safety of Captions, LLC., its users or others.
All Categories of Personal Data Identified in Table 1 Above.
Other Users and the General Public: We share personal data designated for sharing on the  platform with certain or all other Captions users, or the general public, based on the applicable user privacy settings and intended recipients. Keep in mind that the users who view user-generated content can always reshare or redistribute the content both on and off the platform or save or copy the content outside of the platform. In addition, by publicly posting content on  our platform, you are directing us to disclose that information as broadly as  possible and directing those accessing the content to do the same.
Contact Information
Profile Information
User-Generated Content
Demographic Information
Support Information
Location Information
Marketing Partners: We coordinate and share personal data with our marketing partners in order to advertise and communicate with individuals about our Services we make available.
All Categories of Personal Data Identified in Table 1 Above, except Platform Account Information and Special Categories of Personal Data.
Third Parties. We may also share personal data collected through our platform to third parties for their own business and commercial purposes, including for the purpose of marketing third-party products or services to users, where permitted by law.
All Categories of Personal Data Identified in Table 1 Above, except Platform Account Information and Special Categories of Personal Data.
To Other Businesses as Needed to Provide Services: We may share personal data with third parties that an individual engages with through our services or as needed to fulfill are quest or transaction including, for example, payment processing services.
All Categories of Personal Data Identified in Table 1 Above, except Platform Account Information and Special Categories of Personal Data.

We may also share your personal data with third parties in the following circumstances:
- In Connection with a Business Transaction or Reorganization. We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal data to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal data may also be disclosed in the event of insolvency, bankruptcy, or receivership.
- To Comply with Legal Obligations and Rights: We may disclose personal data to third parties, such as legal advisors and law enforcement:

  • in connection with the establishment, exercise, or defense oflegal claims;
  • to comply with laws or to respond to lawful requestsand legal process;
  • to protect the rights and property of us, our agents, customers, and others, including to enforce our agreements, policies, and terms of use;
  • to detect, suppress, or prevent fraud;
  • to reduce credit risk and collect debts owed to us;
  • to protect the health and safety of us, our customers, or any person; or
  • as otherwise required by applicable law.

- With consent or direction: We may disclose personal data about an individual to certain other third parties or publicly with their consent or direction.

transferring personal data

The personal data we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations. If you are located in the EEA, your personal data may be processed outside of those regions, including in the United States. 

In the event of such a transfer, we ensure that: (i) the personal data is transferred to countries recognized as offering an equivalent level of protection; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard contractual clauses adopted by the European Commission (including additional safeguards as recommended by the European data Protection Board).

  • Adequacy Decisions pursuant to Article 45 of the GDPR: we may transfer personal data about you to countries that the European Commission has deemed to adequately safeguard personal data.
  • Standard Contractual Clauses pursuant to Article 46 of the GDPR: the European Commission has adopted Standard Contractual Clauses, which provide safeguards for personal data transferred outside of the EEA. We may use these Standard ContractualClauses when transferring personal data from a country in the EEA to a country outside the EEA that has not been deemed to adequately safeguard personal data.You can request a copy of our Standard Contractual Clauses by contacting us asset forth in the Contact Us section below.

If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of these Privacy Disclosures.

your rights in respect of your personal data

You have the following rights in relation to your personal data (subject to certain limitations at law):

Access
You have the right to obtain:
(i) confirmation of whether, and where, we are processing your personal data;
(ii) information about the categories of personal data we are processing, the purposes for which we process your personal data and information as to how we determine applicable retention periods;
(iii) information about the categories of recipients with whom we may share your personal data; and
(iv) a copy of the personal data we hold about you.
Rectification
You have the right to obtain  rectification of any inaccurate or incomplete personal data we hold about you  without undue delay.
Restriction of Processing
You have the right, in some  circumstances, to require us to limit the purposes for which we process your personal  data if the continued processing of the personal data in this way is not  justified, such as where the accuracy of the personal data is contested by  you.
Erasure
You have the right, in some circumstances, to require us  to erase your personal data without undue delay if the continued processing  of that personal data is not justified.
Portability
You have the right, in certain circumstances, to receive a copy of the personal data you have provided to us in a structured, commonly  used, machine-readable format that supports re-use, or to request the  transfer of your personal data to another person.
Consent withdrawal
Objection to Processing
You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal data, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.

Depending on where you are located, you have the right to provide instructions regarding the retention, deletion and disclosure of your personal data after your death. In the absence of instructions from you, it is possible for your heirs to request the disclosure or deletion of your personal data by sending an email to us as provided under the Contact Us section.

You also have the right to lodge a complaint to your local data protection authority. If you are based in the European Union, information about how to contact your local data protection authority is available here.

If you wish to exercise one of these rights, please fill out our Privacy Rights Requests Form.

children’s personal information

As provided under our Terms and Conditions, any use or access to the Service by anyone under 15 is strictly prohibited and in violation of this Agreement. Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal data from children under the age of 15. If you are under the age of 15, please do not use our websites or online services or otherwise provide us with any personal data either directly or by other means.

updates to these disclosures

We may update these Disclosures from time to time. When we make changes to these Disclosures, we will change the date at the beginning of these Disclosures. If we make material changes to these Disclosures, we will notify you by email to your registered email address, by prominent posting on our online Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.

contact us

If you have any questions or requests in connection with these Disclosures or other privacy-related matters, please send an email to: legal@getcaptions.app.