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Last Updated: September 26, 2017

 

Privacy Policy

GENERAL

BY USING OR ACCESSING WEBSITE OR ANY OF OUR PRODUCTS OR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

All defined terms in the Real Capture LLC Terms of Use apply to this Privacy Policy.  Real Capture LLC (“Company” or “we” or “us” or “our”) respects the privacy of our users (“user” or “you”) that use our websites, including other media forms, media channels, and mobile websites related or connected thereto, (collectively, the “Website”) and any of our offerings, along with related materials, including without limitation, learning aids, documentation, help guides, software, training forums, etc. related to the delivery and use of any of our online services, products or platforms (“Offerings”) .  This Company privacy policy (“Privacy Policy”) is designed to inform you, as a user of the one or more of our Offerings, about the types of information that we may gather about or collect from you in connection with your use of that Offering(s).   It also is intended to explain the conditions under which we use and disclose that information, and your rights in relation to that information.  Changes to this Privacy Policy are discussed at the end of this document.  Each time you use any of our Offerings, the current version of this Privacy Policy will apply.  Accordingly, each time you use any of our Offerings, you should check the date of this Privacy Policy (which appears at the beginning of this document) and review any changes since the last time you use any of our Offerings.

To the extent that we have partnered with a third party entity, such as organizations that may embed, integrate, market, sell our software, or work with us on other joint initiatives, (“Partners”), this Privacy Policy shall apply to any information you provide Partners that we may be entitled to collect on their behalf or for our purposes in order to fulfil our obligations to you and other users.  This provision notwithstanding, our Partners may have additional or different privacy terms and conditions on data they collect from you via any of our Offerings or information based on your usage of the Offerings.  You understand and agree that we are not liable for any violations by our Partners of any privacy or usage policy that you may have with them.  You further agree and understand that we reserve the right to collect data about you and your use of any and all of the Offerings even in situations where you are using the Offerings under separate terms and conditions as provided by a third party or a Partner.

Our Internet-based Offerings are hosted in the United States of America and are subject to U.S. state and federal law.  If you are accessing our Offerings, including without limitation, our Website(s), from jurisdictions outside the United States, please be advised that you are transferring your personal information to us in the United States.  By using the Website or any other Offering, you consent to the transfer of your personal information.  You further agree to abide by the applicable laws of applicable States, U.S. federal laws, and your agreements with us.  Any persons accessing any of our Offerings from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure different from those of the United States may only use our Offerings if you are not violating law in your jurisdiction.  If your use of any of the Offerings would be unlawful in your jurisdiction, you are not to use the Offerings and agree to indemnify us against any legal action resulting from your violation of said law.

CHILDREN

None of our Offerings are intended for children under 13 years of age.  We do not knowingly collect personal information from children under the age of 13.

GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION

Users of Our Offerings

“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, refers to information such as a name or email address that, can be directly associated with a specific person.  We may gather Non-Personally-Identifying Information of the sort that web browsers may make available.  That information includes (without limitation) the user’s Internet Protocol (IP) address, operating system and browser type, and the locations of the web pages the user views before arriving at, while navigating, and immediately after leaving any page in the applicable Offering.  We may (at our option), analyze Non-Personally-Identifying Information gathered from users of our Offerings to help us in a variety of commercial and non-commercial endeavors, both for profit and otherwise.

We may also routinely or periodically obtain both Personally-Identifying Information and Non-Personally-Identifying Information about you from our own sources including our affiliated businesses, business partners, contractors and other third parties, and add it to our Account Information or other information we have collected. Examples of information that we may receive include (without limitation): updated address information, purchase history, and additional demographic information.

Web Cookies

A “Web Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the site.  We use Web Cookies to track the pages that users visit each time they use some of our Offerings, both to help us improve users’ experiences and to help us understand how our services are being used by you and other users.  As with other Non-Personally-Identifying Information gathered from users of Websites, we retain all rights and ownership in the information gathered using Web Cookies and by using any of our applicable Offerings, you hereby grant us the right to collect this both Non-Personally-Identifying Information and Personally-Identifying Information.  IF YOU DO NOT WISH TO HAVE WEB COOKIES PLACED ON YOUR COMPUTER(S), YOU SHOULD NOT USE OUR OFFERINGS AS CERTAIN FEATURES MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES.  IF YOU REFUSE WEB COOKIES, THEN YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY AND INCONSISTENT, INACCURATE, OR UNUSABLE DATA-RELATED CAPABILITIES OF ANY OF OUR OFFERINGS.

Web Beacons

A “Web Beacon” is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email.  We may use Web Beacons in delivering some of our Offerings and in emails to count users who have visited particular pages, viewed emails, and to deliver co-branded services.  Web Beacons are not used to access users’ Personally-Identifying Information; they are a technique we may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information including a Web Cookie number, time and date of a page or email view, and a description of the page or email on which the Web Beacon resides.  You may not decline Web Beacons, however, they can be rendered ineffective by declining all Web Cookies or modifying your browser settings to notify you each time a Web Cookie is tendered and permit you to accept or decline Web Cookies on an individual basis.

How we Use Your Information

We may share Personally Identifying and Non-Personally Identifying Information we collect with third parties and our affiliate companies in accordance with law.  We do this to develop and deliver targeted advertising and services on our website(s) and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources.  We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or for commercial purposes.  For example, we may tell our advertisers the number of individuals using our apps or online services and the most popular features of services accessed. This information does not contain any Personally-Identifying Information and may be used to 1) develop website content and services that we hope you and other users will find of interest and 2) to target content and advertising to you and other users. 

COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
BY REGISTERING WITH, OR USING OUR OFFERINGS, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.

Registration & Use

As defined above, Personally-Identifying Information is information that can be directly associated with a specific person.  We collect a range of Personally-Identifying Information from and about users of our Offerings.  Much of the Personally-Identifying Information collected by us about our users is information provided by users themselves at the time they sign up to order one or more of our Offerings, request information about an Offering, or by responding to questionnaires that other users may request you respond to, such as a questionnaire or survey.  That information may include (without limitation) your name, address, email address, and telephone number, and, if you transact business with us or with another user, financial information such as your payment method (e.g. valid credit card number, card type, expiration date, or other financial information).  We and/or other users also may request information about: your interests and activities, your gender, age, date of birth, username, and other demographic information, and other relevant information as determined by us from time to time or that may be gathered from a questionnaire, survey or other information gathering mechanism.  Users of our Offerings are under no obligation to provide us with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using or benefiting from some or all of the features of an applicable Offering, including, without limitation, hampering or blocking your ability to register for any or all of our Offerings.

Company Communications

We may occasionally use your name and email address to send you notifications regarding new services offered by us that we think you may find valuable.  We may also send you service-related announcements from time to time through the general operation of some of our Offerings.  Generally, you may opt out of such emails and SMS notifications at the time of registration or through your account settings, though we reserve the right to send you notices about your account even if you opt out of all voluntary email or SMS notifications.

Company Disclosures

We may disclose Personally-Identifying Information under the following circumstances:

Changing Personally-Identifying Information; Account Termination

If you have procured one or more of our Offerings, you may at any time review or change your Personally-Identifying Information by going to the Account Information pages associated with your subscription or purchase or by contacting us using the contact information at the end of this Privacy Policy.  Upon your request, we will deactivate or delete your account and contact information from our active databases.  Such information will be deactivated as soon as practicable based on your account activity and accordance with our deactivation procedures and applicable law.  To make this request, either go to your account settings or contact us as provided below.  We may not delete all your Personally Identifying Information, but may retain in our files some personal information to 1) prevent fraud, 2) troubleshoot problems, 3) assist with any investigations, 4) enforce our Terms of Use, and 5) comply with legal requirements as is permitted by law. Therefore, you should not expect that all your personal information will be completely removed from our databases in response to your requests.  Additionally, we endeavour to keep a history of changed information to investigate suspected fraud with your account.

General Use

We use your Personally-Identifiable and other information we obtain from your current and past activities on our website(s) and our Offerings to (without limitation) provide an array of services and products.  These may include, but are not limited to: a) deliver the products and services that you have requested, b) manage your account c) provide you with customer support, d) communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties, e) develop and display content and advertising tailored to your interests  and other sites, f) resolve disputes, g) troubleshoot problems, h) measure consumer interest in our services, i) inform you of updates, j) customize your experience, k) detect and protect us against error, fraud and other criminal activity, l) enforce our Terms of Use, and m) as otherwise described to you at the time of collection.  

At times, we may look across multiple users to identify problems.  In particular, we may examine your Personally-Identifiable Information to identify users using multiple user IDs or aliases.  We may compare and review your Personally-Identifiable Information for accuracy and to detect errors and omissions.  We may use financial information or payment method to process payment for any purchases made on our Website, enroll you in a discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

CONTESTS, GIVEAWAYS AND SURVEYS

From time to time, we may offer users the opportunity to participate in surveys, opinion polls, contests, giveaways and other promotions.  Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy.

COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY

We endeavour to contractually prohibit contractors, affiliates, vendors and suppliers from disclosing Personally-Identifying Information received from us, other than in accordance with this Privacy Policy.  However, third parties, including Partners and other users of our Offerings, are under no obligation to comply with this Privacy Policy if they collect Personally-Identifying Information that you provide directly to them, even if you are providing it via mechanisms we give them such as survey tools or questionnaires.  We neither own nor control the third-party websites accessible through our website(s) or through our offerings, via links placed in our Offerings by our users, or through the questionnaires or surveys other users may use to collect Personally Identifying Information.  Thus, this Privacy Policy does not apply to information provided to or gathered by other users or third parties.  Before visiting a third-party, whether by means of a link on our website(s), via one of our products, or otherwise, and before providing any Personally-Identifying Information to any third party including other users, you should inform yourself of the privacy policies and practices (if any) of the third party and should take steps necessary to protect your privacy. 

SECURITY

We take security of your Personally-Identifying Information seriously and use commercially reasonable electronic, personnel, and physical measures to protect information about you from loss, theft, alteration, or misuse.  However, please be advised that even the best security measures cannot fully eliminate all risks.

PRIVACY POLICY CHANGES

We may, in our sole discretion, change this Privacy Policy from time to time.  Any and all changes to our Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy.  Users should regularly check this page for any changes to its Privacy Policy.  We will endeavour to always post new versions of the Privacy Policy on the links to Privacy Policy provided in the applicable Offering.  However, we may, as determined in our discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise.  Accordingly, it is important that users always maintain and update their contact information on file with us.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year.  If you are a California resident and would like to make such a request, please submit your request in writing to our compliance officer as listed below.  This provision notwithstanding – you are also obligated to abide by this provision independently of us if you use any of our Offerings to collect Personally-Identifiable Information from a third party.  You, not us, will be responsible for managing and protecting such information, including, without limitation, information you collect using mechanisms provided by our Service(s) such as questionnaires, surveys, broadcasts, chat system exchanges etc.  You expressly agree to indemnify us for any failure on your part to abide by the applicable laws and regulations per the indemnification provisions of the Terms of Use.

Real Capture LLC
2645 Executive Park Drive, Suite 603
Weston, FL, 33331
Email: ops@tendant.com
Phone: 18007579252