Privacy Policy

Cape Productions, Inc.

Privacy Policy

Version 2.0

Last Revised: August 10th, 2016

Cape Productions, Inc. (“Cape”) Is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at www.cape.com (“Website”), (each, a “User,” and collectively, “Users”) our software (the “Software”) and our Products (the “Product(s)”) (the Software and the Products are referred to collectively as the “Services”).

  1. Questions; Contacting Cape; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or phone number:
    Cape Productions, Inc.
    822 Cassia St, Redwood City, CA 94063
    +1.703.395.0792
  2. User Consent. By submitting Personal Data through our Website or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.
  3. A Note About Children. The Website and the Services are general audience services that are not intended for children under the age of 13. We do not direct content specifically at, and don’t intentionally gather Personal Data from, Users who are under the age of 13. If a child under 13 submits Personal Data to Cape and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data collected from a child under 13, please contact us at support@capehq.com. If you are a California resident under the age of 18 and you wish to remove publicly available content, please contact us at support@capehq.com.
  4. A Note to Users Outside of the United States. If you are a non U.S. user of the Website or the Services, by visiting the Website or using the Services and providing us with your Personal Data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your Personal Data, you consent to such transfer.
  5. Types of Data We Collect. “Personal Data” means (a) data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data, and (b) other data that is automatically collected about you to the extent that such data is associated with or linked to data that allows someone to identify or contact you or such other person. “Non-Personal Data” means data that is not associated with or linked to your Personal Data; and includes aggregated, anonymized, or otherwise de-identified information that does not individually identify you. We collect Personal Data and Non-Personal Data, as described below.
    1. Information You Provide to Us.
      • When you create an account on our Website (“Account”), we may collect Personal Data from you, such as your first and last name, gender, e-mail address, password, and a call sign that we will associate with certain activity, like your performance while using our Products (“Call Sign”).
      • You may also give us permission to access your Personal Data in other services. For example, you may link your Facebook or other Social Networking Site (“SNS”) account to our Website, which allows us to obtain information from these accounts (like your friends or contacts). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.
      • When you purchase Services on our Website, either we or our payment services provider will collect all information necessary to complete the transaction, which may include your name, credit card information, billing information and shipping information.
      • We retain information on your behalf, such as files and messages that you store using your Account.
      • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e- mail, in order to send you a reply. This information may be shared with third parties who help process and fulfill your purchases.
      • When you post messages on the message boards of our Website, the information contained in your posting will be stored on our servers, and other users will be able to see it.
      • When you participate in one of our surveys, we may collect additional profile information.
      • We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, and other requested information if you contact us via e-mail regarding the Website or support for the Services.
      • If you participate in a sweepstakes, contest or giveaway on our Website, we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.
      • We may also collect Personal Data at other points on our Website that state that Personal Data is being collected.
    2. Information Collected via Technology.
      • Information Collected by Our Servers. To make our Website and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
      • Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Website, track users’ movements around the Website, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Website or the Services again, it will recognize you, and the information could then be used to serve advertisements and other information appropriate to your interests.
      • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. We may also use Cookies for some or all of the following: Remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting, Integrated services that require Google Analytics to collect data via advertising cookies and anonymous identifiers. This type of information is collected to make the Website more useful to you and to tailor the experience with us to meet your special interests and needs.
      • Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our Users’ Personal Data.
      • How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals from web browsers.
      • Analytics Services and Interest-Based Advertising. In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Website. This includes third party analytics services, including but not limited to Google Analytics (“Analytics Services”), that we engage to help analyze how Users use the Website, as well as third parties that deliver content or offers. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Website and Services. The information generated by the Cookies or other technologies about your use of our Website Services (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on User activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using our Website and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at support@capehq.com. We may also partner with ad companies to support our marketing efforts, including by serving you ads betted tailored to your likely interests. If you don’t want to take advantage of these services, you may be able to opt-out by visiting http://www.aboutads.info/ or http://networkadvertising.org/choices/, or if you are located in the EU, http://www.youronlinechoices.eu/.
    3. Information Collected from You About Others. If you decide to invite a third party to create an Account, we will collect your and the third party’s names and e- mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party’s names and e- mail addresses as required above. You or the third party may contact us at support@capehq.com to request the removal of this information from our database.
    4. Google ID. We may allow you to use your Google ID to set up an Account. If you wish to use your Google account you are taken to the Google website to login to your account and this information is then shared with us for the sole purpose of setting up your Account.
    5. Information Collected from Third Party Companies. We may receive Personal and/or Non-Personal Data about you from companies that provide our Services by way of a co- branded or private-labeled website or companies that offer their products and/or services on our Website. These third party companies may supply us with Personal Data. We may add this information to the information we have already collected from you via our Website in order to improve the Services we provide.
  6. Use of Your Personal Data
    1. General Use. In general, your Personal Data is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
      • facilitate the creation of and secure your Account on our network;
      • identify you as a User in our system;
      • provide improved administration of our Website and Services;
      • provide the Services you request;
      • improve the quality of experience when you use our Website and our Services;
      • tailor our Services to your interests;
      • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
      • provide you with other products and/or services related to the Services;
      • send you administrative e-mail notifications, such as security or support and maintenance advisories;
      • respond to your inquiries related to employment opportunities or other requests;
      • make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; and
      • send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Cape.
    2. User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Website from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting your name with your feedback. If you make any comments on a blog or forum associated with our Website, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
    3. Creation of Non-Personal Data. We may create Non-Personal Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Non-Personal Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Website navigation. We reserve the right to use Non-Personal Data for any purpose and to disclose Non-Personal Data to third parties in our sole discretion.
  7. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
    1. Payment Services Provider: Cape uses Stripe Inc. and/or other third party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). When you make a purchase on the Website or through the Services, you agree to be bound by Stripe’s and such other payment providers’ Privacy Policies. You hereby consent and authorize Cape to share any Personal Data and payment instructions you provide with Stripe or such other payment providers, as applicable, to the minimum extent required to complete your transactions, including personal, financial, credit and/or debit card payment, and transaction information.
    2. Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Website; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the Cape.
    3. SNSs. When we have your consent, we may share your Personal Data with other SNSs (like Facebook) when you have chosen to link your Account to those services or to publish your activities on our Website to them. You understand and agree that the use of your Personal Data by an SNS is governed by that SNS’s privacy policies and your settings on the relevant service.
    4. Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.
    5. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
    6. Social Networking Sites. Some of our Services may enable you to post content to SNSs (e.g., Facebook or Twitter). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.
    7. Call Sign. Your Call Sign may include Personal Data, such as your name, or it may be anonymous or pseudonymous. We will provide your Call Sign to other Users who participate in Product experiences with you and we will use your Call Sign if we post your scores on our leaderboards or otherwise publish records related to our Products. You should not use your name as your Call Sign if you do not want your Personal Data disclosed to other Users.
    8. Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Cape may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Cape; (c) to protect or defend the rights or property of Cape or Users of the Website or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.
  8. Third Party Websites. Our Website may contain links to third party websites. When you click on a link to any other website or location, you will leave our Website and go to another site, and another entity may collect Personal Data or Non-Personal Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
  9. Your Choices Regarding Information. You have several choices regarding the use of information on our Services:
    1. Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Website or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.
    2. Cookies. If you decide at any time that you no longer wish to accept Cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.
    3. De-Linking Your Google Account. If you decide at any time that you no longer wish to have your Google account linked to your Account, then you must go to your Google account to de-link your Google account from our Account.
    4. Changing or Deleting Your Personal Data. You may change any of your Personal Data in your Account by sending an e-mail to us at support@capehq.com. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes, or in the event of an ongoing criminal investigation.
    5. Opting out of Google Analytics. You may also opt out of having your data used by Google Analytics by clicking here.
  10. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at cape.com/policies/privacy/ and we will change the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes.