Effective Date: August 17, 2020
Last Updated: August 17, 2020
- Terms of Service
- Information We Collect
- How We Use Information We Collect
- Sale of Personal Information
- Information We Share
- Your Failure to Provide Personal Data
- Our Retention of Your Personal Data
- Your California Privacy Rights
- Third Party Links
- International Transfer
- How We Protect Personal Data
- Direct Marketing and “Do Not Track” Signals
- How to Contact Us
Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Sites or Services.
Terms of Service
By accessing or using the Sites or Services in any manner, you also agree to be bound by Pop Capacity’s Terms of Service (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites or Services.
Information We Collect
We collect information, including personal data, to provide better services to all our Users. We use the term “Personal Data” to refer to any information that identifies or can be used to identify you. Common examples of Personal Data include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.
When you use our Services, we collect Personal Data in the following ways:
1. Information You Give to Us
- Website – We may collect information you provide us if you access, voluntary enter information into, or sign up for or request certain services from us on our Website. For example, if you are interested in learning more about Pop Capacity and the services and products we offer, we may ask for information such as your name, practice/organization name, size and address, email address, telephone number, type of user (patient, provider, partner), and city/state. If you have an account with us, we may also collect your username or other login information you use to log into or access your account. The Sites may offer interactive and social features that permit you to submit content and communicate with us. You may provide Personal Data to us when you post information in these interactive and social features. Please note that your postings in these areas of the Sites may be publicly accessible or accessible to other Users.
- Mobile Application – Certain information may be required when creating an account to use our Services through mobile applications, such as your name, email address, user name and password. Additionally, when your device syncs with Pop Capacity’s application, certain data recorded on your device is transferred from your device to our servers.
2. Information We Obtain from Your Use of Our Services. We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on your mobile device. When you use our Site, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address; cookies that uniquely identify your browser, the referring web page and pages visited. We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties.
- Location Data – If you grant us access to your location, Pop Capacity may collect information about your location when you use our Sites and Services. Your location can be determined by: GPS, IP address, and information about things near your device, such as Wi-Fi access points and cell towers. When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for our mobile application, we may collect location data periodically as you use or leave open our mobile application. We may associate such location data with Personal Data you provide to us. Depending on the platform you use to access our mobile application (e.g., Apple’s iOS, Google’s Android), you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the mobile application.
- Device ID – When using our Services, we or our service provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better experience, such as to troubleshoot application problems you may experience. We may associate device ID with personal information you provide to us. You may learn more about opt out of any anonymous device ID collection via the privacy settings available within your mobile device.
- Financial Information – In order to provide our services, we may request payment information such credit or debit card information, name and address which allows us to process payments.
3. Cookies and Similar Technologies We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google, Lead Forensics and similar partners. The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.
- Mobile Device Identifiers and SDKs. A mobile SDK is the mobile app version of a web beacon (see “Web Beacons” above). The SDK is a bit of computer code that app developers can include in their apps to enable ads to be shown, data to be collected and related services or analytics to be performed.
5. Other Advertising. We share certain data with social networks to allow us to target existing Users and customers with highly relevant advertising campaigns. We will not share your name, address, email address, telephone number or other personal information for the purpose of such campaigns. If you do not wish to receive advertisements in this way, please follow the links available here and here.
How We Use Information We Collect
We use your Personal Data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
1. To present, operate or improve the Site and Services, including analysis of Site activity;
2. To inform you about Services and products available from Pop Capacity;
3. To authorize access to our Sites and Services;
4. To provide, maintain, administer or expand the Services, performing business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
5. To offer and administer programs;
6. To customize or tailor your experience of the Services, which may include sending customized messages;
7. To communicate about, and administer your participation in, special programs, surveys, online campaigns and programs, and other offers or promotions, and to deliver pertinent emails;
8. To secure our Services, including to authenticate Users;
9. To use statistical information that we collect in any way permitted by law, including from third parties;
10. To respond to and support Users regarding their use of the Sites and Services;
11. To comply with all applicable legal requirements;
12. To enforce our Terms of Service and other agreements;
13. To perform data analysis and testing;
15. To resolve disputes;
16. To otherwise fulfill the purpose for which the information was provided.
Sale of Personal Information
In the preceding twelve (12) months, we have not sold any Personal Information.
Information We Share
We do not share Personal Data with companies, organizations and individuals outside of Pop Capacity unless one of the following circumstances applies:
- With your consent. We will share Personal Data with companies, organizations or individuals outside of Pop Capacity when we have your consent to do so.
- Enterprise Accounts. Your employer or your organization may offer you access to our Services. We will share Personal Data with your employer or organization. Your employer or organization can review and manage your use of such enterprise Services.
- For Legal Reasons. We will share Personal Data with companies, organizations or individuals outside of Pop Capacity if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable Terms of Service, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of Pop Capacity, our Users or the public as required or permitted by law.
We attempt to notify Users about legal demands for their Personal Data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
- Business Transfers. If we establish a new related entity, are acquired by or merged with another organization, or if substantially all of our assets are transferred to another organization, Personal Data about our Users is often a transferred business asset. In the event that Pop Capacity itself or substantially all of our assets are acquired, Personal Data about our Users may be one of the transferred assets.
- Non-Personal and Aggregate Site Use Information. Pop Capacity may compile and share your information in aggregated form (i.e., in a manner that would not personally identify you) or in de-identified form so that it cannot reasonably be used to identify an individual (“De-Identified Information”). We may disclose such De-Identified Information publicly and to third parties, for example, in public reports about exercise and activity, or to Pop Capacity Partners under agreement with us. Pop Capacity may also disclose De-Identified Information for general research purposes and in research collaborations with third parties, such as universities, hospitals or other laboratories to determine the prevalence of particular conditions among Users or to determine whether a User might be suitable for research or clinical trials. Pop Capacity may also use De-Identified Information for commercial collaborations with private companies for purposes such as product design or enhancement of Services.
We disclose your Personal Information for a business purpose to the following categories of third parties:
- Our affiliates;
- Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with the Services we provide to you.
- Service providers and other third parties we use to support our business, including without limitation those performing core services (such as credit card processing, customer support services, customer relationship management, property management, accounting, auditing, processing insurance claims, administering sweepstakes, surveys, advertising and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business and/or the Services.
- Commercial providers;
- Enterprise accounts, such as your employer.
Your Failure to Provide Personal Data
Your provision of Personal Data is required in order to use certain parts of our services and our programs. If you fail to provide such Personal Data, you may not be able to access and use our Services and/or our programs, or parts of our Services and/or our programs.
Our Retention of Your Personal Data
We may retain your Personal Data for a period of time consistent with the original purpose for collection. For example, we keep your Personal Data for no longer than reasonably necessary for your use of our programs and Services and for a reasonable period of time afterward. We also may retain your Personal Data during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.
We retain your Personal Data even after your business relationship with us ends if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms of Service, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed.
Your California Privacy Rights
California residents are entitled to contact us to request information about whether we have disclosed personal information to third parties for the third parties’ direct marketing purposes. Pop Capacity does not disclose personal information to third parties for their direct marketing purposes. California users may request further information about our compliance with this law by e-mailing us at the address listed in the “How to Contact Us” section.
Third Party Links
The Sites may contain links to webpages operated by parties other than Pop Capacity. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party’s website. Pop Capacity strongly recommends that each User review the third party’s terms and policies.
How We Protect Personal Data
Pop Capacity maintains administrative, technical and physical safeguards designed to protect the User’s Personal Data and information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account technological reality, cost, the scope, context and purposes of processing weighted against the severity and likelihood that the processing could threaten individual rights and freedoms. For example, we restrict access to personal information to Pop Capacity employees, contractors, business partners and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Data.
If Pop Capacity collects account information for payment or credit, Pop Capacity will use the information only to complete the task for which the account information was offered.
The Site is not intended for use by children. We do not intentionally gather Personal Data about visitors who are under the age of 16. If a child has provided us with Personal Data, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under the ages of 16, please contact us at [INSERT EMAIL ADDRESS]. If we learn that we have inadvertently collected the personal information of a child under the minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.
Direct Marketing and “Do Not Track” Signals
Pop Capacity does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.
How to Contact Us
Send e-mail to: firstname.lastname@example.org
Send mail to our address:
Pop Capacity, Inc.
2400 Old Milton Parkway #1281
Alpharetta, Georgia 30004