This Capture Privacy Policy (or “Privacy Policy”) explains the practices and policies of Capture, a trademark of YesVideo, Inc. (“YesVideo”, “Capture”, “MemoryCloud”, “we”, or “our”) regarding the collection, use, protection, and disclosure of Personal Data (defined below) supplied by users or collected by us from users of the Capture digital conversion, online hosting, and sharing on this website (the “Service”). Please read this policy carefully to understand our policies and practices regarding your Personal Data and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Service. By accessing or using the Service, you agree (1) to comply with the terms and conditions of this CAPTURE Privacy Policy and (2) Capture may process (i.e., collect, use, etc.) your Personal Data as described in this Privacy Policy or in the Terms and Conditions of Use.

This Privacy Policy is entered into in conjunction with the Capture Terms and Conditions of Use. This Privacy Policy may be updated by Capture from time to time. Capture will provide notice of materially significant changes to the Privacy Policy by changing the Revision Date of this Privacy Policy, posting notice on its site(s), and/or sending a notice directly to users registered email address. A user’s continued use of or access to the Service following such notice signifies the user’s intent to be bound to such change or changes.

Capture defines “Personal Data” as information by which you may be personally identified, such as name, postal address, e-mail address or telephone number.

This policy applies to information Capture collects:

On this website.
In email, text, and other electronic messages between you and Capture.
From Capture business partners through applications hosted on their websites that provide Capture with your order information
This policy does not apply to information collected by third-party sites or content or applications that may link to or be accessible from or on the site.
HOW INFORMATION IS COLLECTED AND USED
Personal Data

Personal Data may be used for the following purposes: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to enable you to enjoy and easily navigate the Service, (iv) to better understand users’ needs and interests, (v) to fulfill requests users may make, (vi) to personalize users’ experience, and (vii) to provide or offer updates and/or Service announcements. We may also use Personal Data to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on services and products offered by us or third parties (“Marketing Communications”). If you decide at any time that you no longer wish to receive any such Marketing Communications, please follow the “unsubscribe” instructions provided in any of the communications sent to you, or update your “account settings” information.

We will not sell or market the email addresses or other collected personal information of registered users to third parties. We will not view the files that you upload using the Service, unless reasonably required for monitoring purposes (see our Terms and Conditions of Use). We may view your file system information to provide technical support. You acknowledge and agree that Capture may occasionally send you administrative communications regarding your account or the Service via email.

Cookies and Passive Data Collection

Capture uses cookies, tracking pixels, IP addresses, and URLs to improve and further develop the Service, and to provide enhanced features to users, where available. Capture uses cookies to save usernames, session validators, and on users’ browsers and hard drives, and may use them to provide tailored products and services to those users, as they become available. In addition, Capture may use cookies to authenticate the user on each page after the user logs on to the site. You may instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit. However, if you do not accept cookies, you may not be able to use all portions or functionality of the Service. IP addresses also help us to diagnose problems with our servers, to administer the Service, and to otherwise provide the Service to our users. We use information we obtain by these technical means for the above purposes and in order to monitor and analyze the use of the Service, for the Service’s technical administration, to increase the Service’s functionality and user-friendliness, to better tailor it to users’ needs, to generate and derive useful data and information concerning the interests, characteristics and site use behavior of our users, and to verify that users meet the criteria required to process their use or requests.

Surveillance

Capture disclaims any intention to censor, edit, or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by users or others. Capture will, however, review, delete, or block access to communications that may harm Capture, its users or other third parties. The grounds on which Capture may take such action include, but are not limited to, actual or potential violations of the Capture Terms and Conditions of Use or of this Capture Privacy Policy.

WHICH INFORMATION IS COLLECTED
Personal Data

Once you register with Capture and sign in to the Service, you are not anonymous to Capture. When registering for the Capture Service, you provide Personal Data, which may include, without limitation, name, phone number, address, city, state, country, zip code, a username, email address, username and a password, information request data and response data. When uploading data or information to the Service, you send us such data, but you may also be sending file system information, including names of files and directories. Capture may also record your IP address when you submit information. Capture also may collect, at your option, certain preference and demographic information from you.

We track usage data and user traffic patterns throughout our site(s) to improve the Service. This information is collected to help improve site flow and usability. In addition, we track click-through information (including IP addresses). We may correlate your Personal Data with your usage data for specific circumstances, including but not limited to, security reasons, for purposes of providing customer service, or to track down a specific problem related to a specific user’s use of the Service.

All information collected by Capture is used for internal purposes of providing the Service, providing support to users, and to improve the Service. Aggregating non-identifying information supplied by users allows Capture to understand its user base and to improve its Service. This aggregated data may be disclosed to third parties but will not be connected to your Personal Data. By accessing and using our protected and secured sites, you agree to maintain the confidentiality of the username and password you selected to access such site(s), and you also consent to our Terms and Conditions of Use.

All users may opt to remove their Personal Data from our live database by contacting Capture and canceling their Capture user account, although your Personal Data and other information may be retained in our archive or backup records.

Consistent with the federal Children’s Online Privacy Act of 1998 (COPPA), Capture does not intentionally gather Personal Data about visitors who are under the age of 13. Any person who provides their Personal Data to Capture through the Service represents and warrants that they are 13 years of age or older. If you are under 13, do not use the Service or provide any Personal Data on this website or through any of its features, If Capture learns we have collected or received Personal Data from a child under 13 without verification of parental consent, we will delete that information.

Email Communications

Capture may store users’ electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

Cookies and Passive Data Collection

See above Section, also entitled “Cookies and Passive Data Collection.” As set forth above, Capture automatically receives and records information on our server logs from your browser, including without limitation, your IP address, cookie information, and the page you request. Users should also be aware that other websites visited before entering the Capture Service site(s) might place Personal Data within a user’s URL during a visit to their website, and Capture has no control over such other websites. Accordingly, some of this information may be logged by Capture.

Links to Third Party Sites

Capture websites may contain links to other sites that are not under our control. These websites may or may not have their own policies regarding privacy. You should review those policies before visiting the websites. We have no responsibility for linked websites, and we provide these links solely for the convenience and information of our users.

DISCLOSURES
Capture Partners and Affiliates

Capture may disclose users’ Personal Data to third party business partners or affiliates who provide specific services to the user along with the Service (such as hosting or other support services). Such third-party business partner or affiliate may have their own privacy policies, and if Capture discloses the third parties name to the user, it is your responsibility to read and adhere to such policies. However, if we disclose your Personal Data to a third-party business partner or affiliate that you are reasonably unaware of, then Capture will require that such third party’s privacy policy is at least as b as Capture’s; otherwise, users will be provided with a mechanism to opt-out of having their Personal Data viewed by such third parties.

Capture partners with Google Photos to allow our users the ability to more easily store and share their photos. To facilitate this partnership, we may collect, store, and use certain Google User Data, including Google User ID and Google email address. Capture collects this information directly from you during account activation or when you place an order with us. Capture uses this information to add requested content to the user’s Google Photo account and to turn on sharing of specific albums when requested. Capture does not have the ability to list, view, or remove existing Google Photo content. Capture will only use Google User Data for the purposes described in this paragraph.

Law Enforcement; Subpoenas

Capture may disclose Personal Data, including the information or data uploaded to the Service, with or without notice (a) if required by a subpoena or other judicial or administrative order, (b) where required by law, or (c) at our sole discretion, where we deem it necessary to protect the safety of any individual or the general public or to prevent violation of our Terms and Conditions of Use, this Privacy Policy or the rights of Capture or any third party.

Change of Ownership

In the event of a change in ownership (including through bankruptcy), or a merger, acquisition or sale of assets with or to another entity, we reserve the right to transfer all of the Capture user information, including Personal Data, to such separate entity. We will use commercially reasonable efforts to notify you (by posting on our site or an email to the email address you provide when you register) of any change in ownership, merger or acquisition of the Capture Service assets by a third party, and you may choose to modify any of your registration information at that time.

Email Communications

The circumstances under which Capture may disclose user electronic communications are when: (i) it is necessary in order to provide the Service to the user; (ii) it is necessary to protect the legitimate interests of Capture, its users or third parties’; (iii) it is required to cooperate with interception orders, warrants or other legal process that Capture determines in its sole discretion to be valid and enforceable; and/or (iv) it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Capture and appear to pertain to the commission of a crime that, in Capture’s reasonable opinion, has not yet been reported.

International Transfers

Personal Data may be stored and processed in the United States, or in any other country in which Capture or its affiliates, subsidiaries or agents maintain facilities, and by using or accessing the Service, you consent to any such transfer of Personal Data outside of your country.

SECURITY
Capture uses industry standard security measures to protect against the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by the Capture Service in a secure operating environment that is not available to the public, such as using SSL security measures, Capture cannot guarantee complete security. Further, while we take reasonable steps to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” or “crackers” from obtaining this information. Any transmission of Personal Data is at your own risk. Capture is not responsible for circumvention of any privacy settings or security measures contained on the website or through the Service.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a username and/or password for access to certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of Capture’s website like message boards. The information you share in public areas may be viewed by any user of the Website.

UPDATING OR REMOVING USER INFORMATION
You may, at any time, choose to correct or update the information you have submitted to Capture by updating your account on our site.

You may request deletion of any personal information that you have provided to us by sending the request to privacy@capture.com. We cannot delete your personal information except by also deleting your user account. However, even if you terminate your account, bear in mind that your Personal Data and other information may be retained in our archive or backup records.

You may also opt out of receiving marketing communications by sending a request with your contact information to support@Capture.com.

PRIVACY QUESTIONS AND CONTACTING CAPTURE
If you have an issue with respect to privacy regarding the Capture Service, we kindly ask that you attempt first to resolve the issue directly by contacting Capture. In addition, users with questions about this Privacy Policy and any of the statements herein may contact Capture, in the following ways:

E-Mail
support@Capture.com

Post
Attn: Privacy Policy
Capture
5300 Oakbrook Pkwy
Suite 140
Norcross GA 30093

OTHER LEGAL NOTICES
This is our entire and exclusive Privacy Policy for the Capture Service, and it supersedes any earlier version. Our Capture Terms and Conditions of Use take precedence over any conflicting Capture Privacy Policy provision. If any provision in this Privacy Policy is held to be unenforceable or invalid, all other provisions will remain in force, and such invalid provision shall be interpreted in order to affect the intent as closely as possible.

Revision Date: December 2022